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Archive for the ‘Jurisdiction’ Category

Seventh Circuit Denies Moral Rights Protection to Chicago Garden By Albert Wang – Edited by Matthew Gelfand Kelley v. Chicago Park District, Nos. 08-3701 and 08-3712 (7th Cir. Feb. 15, 2011) Slip Opinion The Court of Appeals for the Seventh Circuit affirmed the Northern District of Illinois’ judgment in favor of the Chicago Park District on Chapman Kelley’s Visual Artists Rights Act (VARA) claim, while reversing the court’s judgment in favor of Kelley on his claim of implied contract. The ... Read More...
Posted On Feb - 25 - 2011 4 Comments READ FULL POST
Following Bilski, court upholds validity of patents that meet a “meaningful limits” test By Irina Oberman – Edited by Avis Bohlen H&R Block Tax Services, Inc. v. Jackson Hewitt Tax Service, Inc., No. 608cv37 (E.D. Tex. Feb. 2, 2011) Slip Opinion hosted by 271 Patent Blog Magistrate Judge Love, sitting in the United States District Court for the Eastern District of Texas, reconsidered a previous Report and Recommendation in this case, which recommended invalidating two of the plaintiff’s three asserted ... Read More...
Posted On Feb - 20 - 2011 Comments Off READ FULL POST
Kwan v. Schlein By Raquel Acosta – Edited by Jonathan Allred Kwan v. Schlein, No. 09-5205-cv (2nd Cir. Jan. 25, 2011) Opinion hosted by Scribd.com The Court of Appeals for the Second Circuit affirmed the District Court for the Southern District of New York, which denied summary judgment on plaintiff’s claim for copyright infringement because it was time-barred, and granted defendants’ motion for summary judgment to dismiss the claims. [Editorial note: the Second Circuit opinion incorrectly records that the district ... Read More...
Posted On Feb - 17 - 2011 Comments Off READ FULL POST
Federal District Court Denies Motion to Dismiss Contributory Cybersquatting and Contributory Dilution Claims By Elina Saviharju – Edited by Jonathan Allred Microsoft Corp. v. Shah, et al., No. C10-0653 (W.D. Wash. Jan. 12, 2011) Slip opinion hosted by WSJ.com The U.S. District Court for the Western District of Washington denied defendants’ motion to dismiss plaintiff Microsoft’s claims for contributory cybersquatting and contributory dilution as unrecognized by law. Cybersquatting is the practice of registering a domain name similar to a well-known ... Read More...
Posted On Feb - 14 - 2011 1 Comment READ FULL POST
By Tim Grayson FCC Moves to Dismiss Net Neutrality Challenges As PCMag.com reports, the FCC moved to dismiss two challenges to the agency’s December 2010 adoption of controversial net neutrality rules regulating broadband and wireless networks. Verizon and MetroPCS filed suit, each claiming that the FCC lacks the authority to enforce net neutrality. The FCC’s motion to dismiss stems from a timing issue: Verizon and MetroPCS both filed suit before the new rules were published in the Federal Register. This ... Read More...
Posted On Feb - 6 - 2011 Comments Off READ FULL POST
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