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Archive for the ‘Jurisdiction’ Category

Ninth Circuit Orders Takedown of Inflammatory Video over Copyright Claim
By Mark Verstraete – Edited by Andrew Spore

On February 26, 2014, the Ninth Circuit reversed a district court decision denying Cindy Lee Garcia’s request for a preliminary injunction forcing YouTube to remove the anti-Islamic film “Innocence of Muslims.” Writing for the majority, Chief Judge Alex Kozinski found that Garcia was entitled to a preliminary injunction because she had shown a likelihood of success on her copyright claim and that irreparable harm would likely result absent injunctive relief.

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Posted On Mar - 12 - 2014 Comments Off READ FULL POST

Deference to Plaintiff Trumps Convenience to Parties in Recent Transfer of Infringement Cases
By Insue Kim – Edited by Elise Young

The Federal Circuit upheld the transfer of venue of Elcommerce, from the Eastern District of Texas, emphasizing that there is “‘no requirement under § 1404(a) that a transferee court have jurisdiction over the plaintiff . . . [as long as] the transferee court ha[s] jurisdiction over the defendants in the transferred complaint.’” However, in Barnes & Noble and Apple, district court decisions to deny transfer were upheld on grounds that they were not “clearly and indisputably incorrect . . . .”

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Posted On Mar - 11 - 2014 Comments Off READ FULL POST

Flash Digest: News In Brief
By Gea Kang

Facebook looks to provide Internet access viadrones

Michael Jordan emerges victorious in commercial speech case

Apple wins patent for transparent wraparound phone screen

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Posted On Mar - 9 - 2014 Comments Off READ FULL POST

Flash Digest: News In Brief
By Ken Winterbottom

Theft drives former Bitcoin giant Mt. Gox into bankruptcy

Lessig v. Liberation Music Settlement

“Google Tax” scrapped in Italy

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Posted On Mar - 3 - 2014 Comments Off READ FULL POST

Expert Testimony May Be Required to Determine if Patent Specification Adequately Supports Means-Plus-Function Claim
By Geng Chen – Edited by Ashish Bakshi

The Federal Circuit vacated the district court’s finding that the system claims in elcommerce’s patent were invalid. The court held that, in order to properly determine if a specification adequately supported a means-plus-function claim, a district court may require expert testimony so that the specification can be understood from the perspective of a person with ordinary skill in the art.

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Posted On Mar - 2 - 2014 Comments Off READ FULL POST
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Silk Road 2.0 Takedo

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Federal Circuit Flas

By Ken Winterbottom Motion to Dismiss in Hulu Patent Infringement Suit ...

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Spain Passes a “Go

By Michael Shammas — Edited by Yixuan Long Amendments to the ...

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Federal Circuit Tigh

By Kathleen McGuinness – Edited by Sabreena Khalid Azure Networks, LLC ...

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Flash Digest: News i

By Viviana Ruiz Russia’s Intellectual Property Court affirms denial of Ford's ...