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Archive for the ‘Jurisdiction’ Category

Jersey Boys’ Use of Ed Sullivan Show Clip Is Fair Use, Ninth Circuit Affirms

SOFA Entm’t, Inc. v. Dodger Prods., Inc.
By Erica Larson – Edited by Alex Shank

The Ninth Circuit affirmed the decision of the District Court for the Central District of California to grant summary judgment and award attorneys’ fees to Dodger Productions, Inc. (“Dodger”) in its suit against SOFA Entertainment, Inc. (“SOFA”). In an opinion by Judge Trott, the court concluded that Dodger’s unlicensed use of a clip from the Ed Sullivan Show fell squarely within the fair use exception.

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Posted On Mar - 19 - 2013 Comments Off READ FULL POST

Ninth Circuit Requires Reasonable Suspicion for Forensic Laptop Searches at the Border

United States v. Cotterman
By Casey Holzapfel ­– Edited by Jessica Vosgerchian

In an en banc decision, the United States Court of Appeals for the Ninth Circuit reversed a decision of the District Court of Arizona suppressing evidence found in a laptop seized by border agents. The Ninth Circuit held that comprehensive searches of electronic devices must meet a standard of reasonable suspicion of criminal activity.

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Posted On Mar - 15 - 2013 Comments Off READ FULL POST

Supreme Court Holds State Court Has Jurisdiction over Legal Malpractice Suit in Patent Case 

Gunn v. Minton
By Laura Fishwick – Edited by Charlie Stiernberg

In a unanimous decision, the Supreme Court of the United States reversed and remanded a decision of the Supreme Court of Texas, Minton v. Gunn, 355 S.W.3d 634 (Tex. 2011), by finding that state courts can have jurisdiction over a legal malpractice claim based on an underlying patter matter.

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

Manufacturers’ Attempt to Invoke RICO Act Fails Against Non-Practicing Entity

In re Innovatio IP Ventures
By David LeRay – Edited by Kathleen McGuinness

The Northern District of Illinois granted in part and denied in part Innovatio IP Ventures’s motion to dismiss seven claims in a complaint brought by manufacturers of wireless Internet technology. The court dismissed several of the manufacturers’ claims, including the claim based on the RICO Act, but did not dismiss claims based on breach of contract and promissory estoppel.

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Posted On Feb - 26 - 2013 1 Comment READ FULL POST

Assignor Estoppel Doctrine Is Not a Federal Cause of Action, Federal Circuit Affirms

Semiconductor Energy Laboratory Co. v. Nagata
By Erica Larson – Edited by Suzanne Van Arsdale

The Court of Appeals for the Federal Circuit affirmed the judgment of the Northern District of California, which ruled that plaintiff Semiconductor Energy Laboratory Co. (“SEL”) could not establish federal jurisdiction over defendant Dr. Yujiro Nagata. The courts rejected a novel offensive application of assignor estoppel, traditionally a defense.

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Posted On Feb - 19 - 2013 Comments Off READ FULL POST
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