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Archive for the ‘Jurisdiction’ Category

Class Certification Vacated: Google’s Library Project Gains Ground

Authors Guild, Inc., et al. v. Google Inc.
By Jonathan Sapp – Edited by Michelle Sohn

The Court of Appeals for the Second Circuit vacated and remanded the lower court’s certification of the plaintiff class. The Second Circuit held that class certification should not precede a determination of Google’s fair use defense. The determination of the defense will “necessarily inform and perhaps moot” the Second Circuit’s analysis of class certification issues. Author’s Guild, Inc. v. Google Inc., No. 12-3200-cv, slip op. at 4 (2d Cir. July 1, 2013).

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Posted On Jul - 12 - 2013 Comments Off READ FULL POST

Routine High-Throughput Screening is Undue Experimentation, Federal Circuit Holds

Wyeth v. Abbott Labs
By Kathleen McGuinness – Edited by Alex Shank

The Federal Circuit upheld the invalidity of patents claiming the use of rapamycin to treat restenosis, the renarrowing of an artery following angioplasty. The court held that “routine experimentation” to discover species of compounds within a claimed genus could constitute “undue experimentation,” since the discovery may require screening tens of thousands of compounds without any guidance from the patent.

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Posted On Jul - 5 - 2013 Comments Off READ FULL POST

Blogger’s Threats Toward Judges Not Protected Speech, Second Circuit Holds

United States v. Turner
By Michelle Goldring – Edited by Samantha Rothberg

The Second Circuit affirmed the E.D.N.Y.’s conviction of Harold Turner for “threatening to assault or murder” Seventh Circuit Judges Easterbrook, Bauer, and Posner on the basis of his blog posts about a decision the three had made regarding the Second Amendment. Turner, slip op. at 2­–3.  The Second Circuit upheld that Turner’s conduct constituted “a true threat [that] was unprotected by the First Amendment.” Id. at 16.

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

Flash Digest: News in Brief
By Alex Shank

Federal Circuit Holds that Good-Faith Belief in Invalidity May Disprove Intent to Induce Infringement

Pandora Contends that Michigan Privacy Law Does Not Apply to Streamed Music

Chinese Wind Turbine Company Indicted on Misappropriation of U.S. Company’s Trade Secrets

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

Filmmakers Sue to Restore “Happy Birthday” to Public Domain

Good Morning to You Productions v. Warner/Chappell Music
By Samantha Rothberg – Edited by Gillian Kassner

Good Morning to You Productions Corp. (“GMTY”) sued Warner/Chappell Music, Inc. (“Warner/Chappell”), the copyright holder of “Happy Birthday to You.” GMTY seeks to invalidate the copyright, restore the song to the public domain, and force Warner/Chappell to repay substantial licensing fees. GMTY alleges that any valid copyright in the song expired long ago.

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Posted On Jun - 24 - 2013 Comments Off READ FULL POST
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European Court of Ju

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Google to Supreme Co

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Mozilla Announces Re

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Flash Digest: News I

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Supreme Court Weighs

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