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Archive for the ‘Jurisdiction’ Category

Dish Network’s “Hopper” Free to Skip Commercials as Ninth Circuit Rejects Fox’s Case for Preliminary Injunction

Fox Broadcasting Co. v. Dish Network
By Simon Heimowitz – Edited by Samantha Rothberg

The Ninth Circuit affirmed a district court’s denial of Fox Broadcasting Company’s (“Fox”) request for a preliminary injunction against a Dish Network (“Dish”) product associated with Dish’s “Hopper.” The Hopper allows subscribers to automatically record Fox’s primetime television shows, then view them with the commercials fast-forwarded.

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Posted On Aug - 6 - 2013 Comments Off READ FULL POST

Judge Denies Request to Delay Hearing, Challenge to Government’s Metadata Collection Presses Forward

American Civil Liberties Union et al. v. Clapper et al.
By Michelle Sohn – Edited by Katie Mullen

At a hearing last Thursday, Judge William Pauley of the U.S. District Court for the Southern District of New York denied the government ‘s request to delay a hearing date for American Civil Liberties Union et al. v. Clapper et al.  The denial is the latest in the American Civil Liberties Union’s challenge to the Obama administration’s metadata collection practices, specifically collecting Verizon’s customer records.

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Posted On Aug - 4 - 2013 Comments Off READ FULL POST

Using a Competitor’s Trademark as a Keyword for AdWords is Not Trademark Infringement

1-800 Contacts, Inc. v. Lens.com, Inc.
By Casey Holzapfel – Edited by Michelle Sohn

The Tenth Circuit held that using a competitor’s trademark as a keyword to activate sponsored links in Google is not trademark infringement, affirming the lower court’s summary judgment that Lens.com was not liable for misdirecting customers to click on links to Lens.com after searching for the phrase “1-800 Contacts.”

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Posted On Jul - 30 - 2013 Comments Off READ FULL POST

USM Judgment Vacated: Tucker Act Forces Move of Trade Secrets Case to Court of Federal Claims

United States Marine Inc. v. United States
By Jonathan Sapp – Edited by Elise Young

The Federal Circuit affirmed the Fifth Circuit’s ruling, transferring a defense contractor’s trade secrets claim to the Court of Federal Claims. In affirming the Fifth Circuit ruling, the court determined that the plaintiff’s case was predicated on a breach of contract claim and relied on the Tucker Act, which gave the Court of Federal Claims exclusive jurisdiction.

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Posted On Jul - 29 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Simon Heimowitz

First Amendment Protects Peer-Reviewed Publication Regarding Competitor’s Product

Second Circuit Affirms Finding of No Material Mistake in Wiretap Application Against Raj Rajaratnam

High Damages in Peer-to-Peer Distribution Suit Affirmed as Statutory, Not Punitive

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Posted On Jul - 24 - 2013 Comments Off READ FULL POST
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In Response to Rulin

By Andrew Spore – Edited by Travis West [caption id="attachment_4410" align="alignleft" ...

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Flash Digest: News I

By Olga Slobodyanyuk Amici urge the Ninth Circuit to reconsider its ...

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Specific Facts Suppo

By Geng Chen – Edited by Ashish Bakshi [caption id="attachment_4393" align="alignleft" ...

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DOJ Indicts Nine for

By Emma Winer – Edited by Sheri Pan [caption id="attachment_4373" align="alignleft" ...

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European Court of Ju

By Paul Klein – Edited by Alex Shank [caption id="attachment_4363" align="alignleft" ...