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Sixth Circuit Upholds Ohio Anti-Pornography Statute By Avis Bohlen – Edited by Dmitriy Tishyevich American Bookseller’s Foundation for Free Expression v. Strickland, Nos. 07-4375/4376 (6th Cir., April 15, 2010) Opinion On April 15, the United States Court of Appeals for the Sixth Circuit reversed an Ohio district court’s decision to enjoin the enforcement of an anti-pornography child protection statute, Ohio Revised Code § 2907.31(D)(1), which criminalizes displaying or disseminating harmful materials to juveniles.  The court held that as narrowly construed ... Read More...
Posted On Apr - 21 - 2010 Comments Off READ FULL POST
Federal Circuit Affirms Exclusion and Cease-and-Desist Orders against GPS Chipmaker By Gary Pong – Edited by Dmitriy Tishyevich SiRF Tech., Inc. v. ITC, Appeal 2009-1262 (Fed. Cir., Apr. 12, 2010). Slip Opinion The Federal Circuit affirmed a decision by the International Trade Commission (“ITC”), which found that SiRF Technology, Inc. (“SiRF”) violated 19 U.S.C. § 1337 by unlawfully importing and selling Global Positioning System (“GPS”) devices that infringed upon patents owned by Global Locate, Inc. and Broadcom Corp. (collectively, “Global ... Read More...
Posted On Apr - 19 - 2010 Comments Off READ FULL POST
Second Circuit Affirms Dismissal of Tiffany’s Trademark Infringement Claim Against eBay By Dmitriy Tishyevich – Edited by Jad Mills Tiffany Inc. v. eBay Inc., Case No. 08-3947 (2d Cir., Apr. 1, 2010) Slip Opinion On April 1, the Second Circuit largely affirmed the holdings of the district court in the Southern District of New York. The court concluded that despite the evidence that eBay had general knowledge that some of its customers had used its website to sell counterfeit Tiffany ... Read More...
Posted On Apr - 9 - 2010 1 Comment READ FULL POST
Court Reduces $1.92 Million File-Sharing Jury Award to $54,000 By Dmitriy Tishyevich – Edited by Joey Seiler Capitol Records Inc. v. Thomas-Rasset, No. 06-1497 (D. Minn. Jan. 22, 2010) Order In June 2009 a jury returned a verdict against Defendant Jamie Thomas-Rasset after finding that she willfully infringed the copyrights of twenty-four songs by making them available through a file-sharing program.  The jury awarded Plaintiffs statutory damages of $80,000 for each willful infringement, resulting in a total verdict of $1.92 ... Read More...
Posted On Jan - 28 - 2010 Comments Off READ FULL POST
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...
Posted On Jan - 18 - 2010 1 Comment READ FULL POST
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