Supreme Court Issues a Stay to Prevent Broadcasting of Proposition 8 Case By Andrew Segna – Edited by Dmitriy Tishyevich Hollingsworth v. Perry (on application for stay), Case No. 09A648 (U.S., Jan. 13, 2010) Slip Opinion The Supreme Court granted a stay of the order issued by the United States District Court for the Northern District of California for a broadcast of the California lawsuit challenging Proposition 8, which amended the state constitution to define a valid marriage as only ... Read More...
Archive for the ‘Jurisdiction’ Category
Federal Circuit Rules Against PTO’s Interpretation of Patent Term Adjustments By Gary Pong – Edited by Dmitriy Tishyevich Wyeth and Elan Pharma Int’l Ltd. v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010). Slip Opinion The Federal Circuit affirmed the District Court for the District of Columbia, which had granted summary judgment for the plaintiffs, and held that they were “entitled to extended patent term adjustments under 35 U.S.C. § 154(b) due to the Patent and Trademark Office’s (“PTO’s”) delay ... Read More...
By Dr.Jur. Eric Engle LLM[i] Editorial Policy An internet fraudster, a repeat offender, has recently been charged[ii] with “fraud and related activity in connection with computers”[iii] in connection with a financial crime – fraudulent currency trading through phishing.[iv] The defendant obtained the passwords to another person’s internet account and then used that person’s account to trade foreign currency. Interestingly, the indictment[v] uniquely charges the fraudster with a computer crime. The fact pattern, however, raises the interesting question of whether the ... Read More...
By Kassity Liu JD ’12 Edited by Joey Seiler Editorial Policy On October 6, 2009, Eolas Technologies Inc., a research and development company specializing in web solutions, filed a federal lawsuit in the Eastern District of Texas against 23 prominent companies in the software and Internet industry. Eolas claims that these companies are infringing two of its patents, U.S. Patent No. 5,838,906 (’906 Patent) and U.S. Patent No. 7,599,985 (’985 Patent). These two patents cover technology that enables websites to ... Read More...
First Circuit Explains Judgment Against File-Sharer Tannenbaum By Eric Engle – Edited by Miriam Weiler Sony BMG Music Entertainment et al. v. Tannenbaum, Case No. 07cv11446-NG (Dist. Mass., Dec. 7, 2009) Memorandum and Order The U.S. District Court for the District of Massachusetts elaborated on its July 27 summary judgment against Joel Tannenbaum, holding that file sharing for personal use was not presumptively fair under the Fair Use doctrine. In so holding, the court suggested that Tannenbaum could have escaped ... Read More...
