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Archive for the ‘Jurisdiction’ Category

Second Circuit Affirms Streaming Broadcast TV Not Copyright Infringement

WNET, Thirteen v. Aereo, Inc.
By Natalie Kim – Edited by Samantha Rothberg

Last Wednesday, the U.S. Court of Appeals for the Second Circuit affirmed the Southern District of New York’s July 2012 denial of a preliminary injunction motion filed against Aereo by several broadcast TV networks.

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Posted On Apr - 10 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief

By Kathleen McGuinness

Supreme Court of Canada Rules That Text Message Monitoring Requires Warrant

Google Announces Open Patent Non-Assertion Pledge

Legal Challenges to “Stingray” Surveillance Devices Continue to Grow

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Posted On Apr - 2 - 2013 Comments Off READ FULL POST

Ninth Circuit Affirms DMCA Safe Harbors for Streaming Video Providers

UMG v. Veoh
by Pio Szamel ­– Edited by Jacob Rogers

The Ninth Circuit affirmed the Federal District Court for the Central District of California, which had granted summary judgment finding that the streaming-video host Veoh was protected by the safe harbor provisions of the Digital Millenium Copyright Act (“DMCA”) and dismissed additional infringement claims against Veoh’s investors.

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Posted On Apr - 1 - 2013 Comments Off READ FULL POST

BASF Loses Pesticide Patent Appeal Due to Prosecution Disclaimer Doctrine

BASF v. Makhteshim Agan
By David LeRay – Edited by Ashish Bakshi

BASF Agro B.V. (“BASF”), the world’s largest chemical manufacturer, suffered a setback in its patent litigation against Makhteshim Agan of North America (“Makhteshim”), the world’s largest generic agrochemical maker.The Court of Appeals for the Federal Circuit affirmed the Middle District of North Carolina’s grant of summary judgment of non-infringement for the defendants.

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

Uncertain Trajectory of the Rocket Docket in Patent Appeals

By Alex Shank – Edited by Michael Hoven

Patent litigators, enticed by the “Rocket Docket” EDVA and its recently relaxed evidentiary standards, may spur a spike in granted patents, compounding the defects of already over-patented system. However, other AIA reforms, including expanded post-grant review and the opening of PTO satellite offices, as well as PTO appeals of EDVA decisions, will likely temper the spike. Ultimately, opening the EDVA may figure most prominently in heightening the scrutiny of potentially cursory PTO examiner decisions.

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Posted On Mar - 25 - 2013 Comments Off READ FULL POST
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By Jens Frankenreiter – Edited by Katherine Kwong   U.S. v. ...