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Archive for the ‘Jurisdiction’ Category

D.C. Circuit Upholds FCC Ban on Exclusive Contracts in Multi-Dwelling Units By Andrew Jacobs – Edited by Ezra Pinsky Nat’l Cable & Telecomm. Association v. Fed. Commc’ns Comm’n, May 26, 2009, No. 08-1016 Slip opinion On May 26, 2009, the Court of Appeals for the District of Columbia Circuit upheld the Federal Communications Commission’s (“FCC”) ban on future and existing exclusivity agreements between cable companies and the owners of apartment buildings and multi-unit developments (“MUDs”). Writing for a unanimous court, ... Read More...
Posted On Jun - 5 - 2009 Comments Off READ FULL POST
By Aaron Dulles – Edited by Stephanie Weiner Epistar Corp. v. International Trade Commission, May 22 2009, No. 2007-1427 (slip opinion) (hosted by PatentlyO) On May 22, the Federal Circuit affirmed in part, reversed in part, and remanded an ITC decision in Philips Lumileds Lighting Company (Lumileds)’s infringement action against Epistar and the United Epitaxy Company (UEC). The ITC had held that Epistar infringed Lumileds’s US Patent no. 5,008,718, concerning certain types of light-emitting diodes (LEDs), and issued a Limited ... Read More...
Posted On Jun - 1 - 2009 Comments Off READ FULL POST
By Brian Kozlowski Lawsuit Against Brooks Brothers for Falsely Marketing Ties Dismissed The 271 Patent Blog reports that on May 14, a district court granted Brooks Brothers’ motion to dismiss an action for false marketing. Pro se plaintiff Raymond Stauffer sued Brooks Brothers under section 292 of the Patent Act, which allows damages of “not more than $500″ for each false claim that unpatented items are protected by patent. Under the Act, damages are split between the plaintiff and the ... Read More...
Posted On May - 31 - 2009 Comments Off READ FULL POST
Federal Circuit Resolves Split Regarding Product-by-Process Claims By Sharona Hakimi – Edited by Stephanie Weiner Abbott Laboratories v. Sandoz, Inc., May 18, 2009, No. 07-1400, -1406 Opinion (hosted by Patently-O) On May 18th the Court of Appeals for the Federal Circuit, sitting en banc, reconciled a long-standing conflict between two lines of cases determining the scope of product-by-process claims. The Federal Circuit affirmed the Atlantic Thermoplastics Co. v. Faytex Corp. rule that infringement of a product-by-process claim requires actually using ... Read More...
Posted On May - 30 - 2009 Comments Off READ FULL POST
Ninth Circuit Court of Appeals Considers Internet Service Provider’s Liability for Fake Profiles By Ezra Pinsky – Edited by Dmitriy Tishyevich Barnes v. Yahoo!, Inc., May 7, 2009, No. 05-36189. Slip Opinion On May 7th, the Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a district court’s 12(b)(6) dismissal of a complaint which had sought to impose negligence liability on Yahoo for hosting a fraudulent personals profile created by the plaintiff’s ex-boyfriend, despite plaintiff’s ... Read More...
Posted On May - 23 - 2009 Comments Off READ FULL POST
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