Federal Circuit Finds No Federal Jurisdiction Over Patent Claim By Debbie Rosenbaum – Edited by Caitlyn Ross Larson v. Correct Craft, June 5, 2009 No. 2008-1208 Opinion hosted by The United States Court of Appeals for the Federal Circuit On June 5, the Federal Circuit vacated the judgment of the district court in Larson v. Correct Craft and remanded with instructions to transfer the case back to state court based on lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1338(a). ... Read More...
First Circuit Bans Webcast in Trial Court By Debbie Rosenbaum* – Edited by Chris Kulawik In Re: Sony BMG Music Entertainment Et Al., April 16, 2009, No. 09-1090 Opinion On Thursday, April 16, The United States Court of Appeals for the First Circuit in Boston, MA overturned a motion granted by the district court which would have permitted the oral arguments in the case of Joel Tenenbaum vs. the Record Industry Association of America to be broadcast live over the ... Read More...
Federal Circuit Equates Covenants Not to Sue for Patent Infringement with Unconditional Licenses By Debbie Rosenbaum – Edited by Evan Kubota TransCore, LP v. Electronic Transaction Consultants Corp., No. 2008-1430, April 8, 2009 Opinion On April 8, 2009, the United States Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment, which held that an unconditional “covenant not to sue” has the same effect as an unconditional “license” for purposes of patent exhaustion. In 2000, ... Read More...
Second Circuit Reverses Dismissal of Trademark Infringement Suit Against Google By Debbie Rosenbaum – Edited by Stephanie Weiner Rescuecom v. Google Second Circuit, April 3, 2009, 06-4881-cv Opinion (hosted by EFF) On April 3, 2009, the Court of Appeals for the Second Circuit vacated the District Court for the Northern District of New York’s dismissal of a trademark infringement suit against Google by Rescuecom, Corp., a computer repair firm. At issue was Google’s AdWords program, which allows advertisers to purchase ... Read More...
Public Trials Should Be Made Available Via Internet By: Debbie Rosenbaum* Editorial Policy File-Sharing Cases in Courts Around the World In February, the four men behind the popular file-sharing site The Pirate Bay went to trial in Stockholm, Sweden. They stand accused of helping millions of Internet users illegally download protected movies, music, and computer games. The defendants – Fredrik Neij, Gottfrid Svartholm Warg, Peter Sunde Kolmisoppi, and Carl Lundström – face up to two years in prison and a fine ... Read More...
