A student-run resource for reliable reports on the latest law and technology news
Supreme Court Declares Animal Cruelty Statute Violates First Amendment By Debbie Rosenbaum – Edited by Chinh Vo United States v. Stevens, No. 08–769 (U.S., April 20, 2010) Slip Opinion The Supreme Court affirmed the Third Circuit Court of Appeals, which had held that 18 U.S.C. § 48, a federal statute criminalizing the commercial production, sale, or possession of depictions of cruelty to animals, was an unconstitutional abridgment of the First Amendment right to freedom of speech and did not serve a compelling governmental interest. In an 8-1 ruling, ... Read More...
Posted On Apr - 23 - 2010 Comments Off READ FULL POST
Federal Circuit Says Patent Preamble Not Limiting By Debbie Rosenbaum – Edited by Jad Mills Marrin v. Griffin, Appeal 2009-1031 (Fed. Cir., Mar. 22, 2010) Slip Opinion On March 22, 2010, the Federal Circuit affirmed the district court’s summary judgment that U.S. Patent No. 5,154,448, which related to a beverage cup scratch-off label, was invalid because it was anticipated under 35 U.S.C. § 102(b). Judge Dyk, writing for the majority held that the use recited in the preamble, namely that ... Read More...
Posted On Mar - 28 - 2010 Comments Off READ FULL POST
Supreme Court Holds That Federal Courts Have Jurisdiction over Unregistered Copyright Claims By Debbie Rosenbaum – Edited by Gary Pong Reed Elsevier v. Muchnick, No. 08–103 (U.S. Mar. 2, 2010) Slip Opinion In a unanimous 8-0 decision, the United States Supreme Court overturned a Second Circuit Court of Appeals decision which held that the district court lacked jurisdiction to certify either the class or the settlement in a case involving holders of unregistered copyrights. The Court of Appeals for the ... Read More...
Posted On Mar - 5 - 2010 Comments Off READ FULL POST
Court Excludes Litigation Fees from Calculation of Damages under DMCA § 512(f). By Debbie Rosenbaum – Edited by Gary Pong Lenz v. Universal Music Corp., Case No. 5:07-cv-03783-JF (N.D. Cal., Feb. 25, 2010) Slip Opinion (Hosted by the Citizen Media Law Project) On February 25, 2010, Judge Fogel for the Northern District of California held that a plaintiff suing over a wrongful Digital Millennium Copyright Act (“DMCA”) takedown notice can only recover for damages that were proximately caused by said ... Read More...
Posted On Mar - 4 - 2010 Comments Off READ FULL POST
California Superior Court Enters Judgement in Anti-SLAPP Suit By Debbie Rosenbaum – Edited by Steven Primeaux MagicJack, LP v. Happy Mutants LLC, Case No. CIV 091108 (Sup. Ct. Cal. Marin County, Jan. 5, 2010) Opinion (hosted by Boing Boing) On January 5, 2010, the Superior Court of California for the County of Marin entered judgment against plaintiff MagicJack, reiterating its May 2009 holding that MagicJack had not established a probability of prevailing on its claims against Boing Boing and ruling ... Read More...
Posted On Feb - 27 - 2010 Comments Off READ FULL POST
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