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Archive for the ‘Software’ Category

Ninth Circuit Holds that Apple did not Engage in Copyright Misuse By Laura Fishwick – Edited by Michael Hoven Apple Inc. v. Psystar Corp., No. 10-15113 (9th Cir. Sept. 28, 2011) Slip Opinion The Ninth Circuit affirmed the Northern District of California’s holding that Psystar infringed Apple’s federal copyrights, and vacated and remanded the district court’s grant of Apple’s motion to seal summary judgment papers. The district court had rejected Psystar’s defense of copyright misuse, in which Psystar had argued ... Read More...
Posted On Oct - 5 - 2011 Comments Off READ FULL POST
Federal Circuit Invalidates Software Patent As Mere Mental Process By Albert Wang – Edited by Chinh Vo CyberSource Corporation v. Retail Decisions, Inc., No. 2009-1358 (Fed. Cir. August 16, 2011) Slip Opinion The Federal Circuit affirmed the United States District Court for the Northern District of California’s grant of summary judgment, agreeing that plaintiff CyberSource’s patents were invalid for ineligible subject matter under 35 U.S.C. § 101. Writing for a unanimous panel, Judge Dyk held that CyberSource’s method of verifying ... Read More...
Posted On Sep - 6 - 2011 Comments Off READ FULL POST
by Michael Adelman Copyright Suit Fails to Prevent Memorial Day Weekend Release of The Hangover: Part II On Tuesday May 24, the New York Times reported that Judge Catherine D. Perry of the U.S. District Court for the Eastern District of Missouri denied tattoo artist Victor Whitmill’s preliminary injunction that would have halted the release of the film The Hangover: Part II over Memorial Day weekend. Mr. Whitmill claims that Warner Brothers has infringed on his exclusive rights to the ... Read More...
Posted On Jun - 6 - 2011 Comments Off READ FULL POST
Federal Circuit Ruling in Favor of TiVo Against EchoStar Changes Test for Reviewing Contempt Orders By Dorothy Du – Edited by Matt Gelfand TiVo Inc. v. EchoStar Corp., 2009-1374 (Fed. Cir. April 20, 2011) (en banc) Slip Opinion The Court of Appeals for the Federal Circuit affirmed in part and vacated in part the decision of the District Court for the Eastern District of Texas, which had found the appellants (collectively “EchoStar”) in contempt of two provisions of the court’s ... Read More...
Posted On May - 21 - 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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In Response to Rulin

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Flash Digest: News I

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Specific Facts Suppo

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DOJ Indicts Nine for

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European Court of Ju

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