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D.C. Appeals Court Sets New Standard for Unmasking Anonymous Online Speakers By Anthony Kammer – Edited by Evelyn Breithaupt Solers, Inc. v. Doe, No. 07-CV-159 (D.C. Cir. Aug. 13, 2009) Opinion On August 13, 2009, the D.C. Court of Appeals remanded Solers, Inc.’s case against an anonymous speaker and provided the lower court with a new standard for determining when an anonymous speaker’s identity may be revealed. The Volokh Conspiracy notes that although the court limits its decision to defamation ... Read More...
Posted On Aug - 31 - 2009 Comments Off READ FULL POST
Court of Appeals Vacates Obviousness Jury Verdict By Stephanie Weiner – Edited by Evelyn Breithaupt Callaway Golf Co. v. Acushnet Co., 2009-1076 (Fed. Cir. Aug. 14, 2009) Slip Opinion On August 14, 2009, the Court of Appeals for the Federal Circuit reversed the District Court for the District of Delaware’s order of summary judgment for the plaintiff on anticipation and vacated its entry of a jury verdict that a dependent claim was invalid for obviousness, but that the independent claim ... Read More...
Posted On Aug - 23 - 2009 Comments Off READ FULL POST
Mum’s the Word for Microsoft’s XML Functionality By Jad Mills – Edited by Evelyn Breithaupt i4i L.P. v. Microsoft Corp., No. 6:07CV113 (E.D. Texas Aug. 18, 2009). Final Judgment and Injunction On August 11, 2009, Judge Davis of the Eastern District of Texas entered final judgment awarding i4i L.P., a Canadian company, approximately $290 million in damages and interest for Microsoft’s willful infringement of i4i’s XML patent. The court also issued a permanent injunction ordering Microsoft to stop selling Word ... Read More...
Posted On Aug - 19 - 2009 Comments Off READ FULL POST
Bayer Schering Pharma v. Barr Labs By Aaron Dulles – Edited by Evelyn Breithaupt Bayer Schering Pharma AG and Bayer Healthcare Pharm., Inc. v. Barr Labs., Inc., No. 2008-1282 (Fed. Cir. Aug. 5, 2009) Slip Opinion On August 5, 2009, a Federal Circuit panel affirmed the decision of the District of New Jersey, which had found Bayer’s U.S. Patent No. 6,787,531 (“’531 Patent”) invalid because of obviousness. The ’531 Patent concerns a formulation of the well-known contraceptive drug drospirenone. The ... Read More...
Posted On Aug - 13 - 2009 Comments Off READ FULL POST
By Stephanie Weiner – Edited by Evelyn Breithaupt On July 31, a Boston federal jury ordered physics Ph.D student Joel Tenenbaum to pay $675,000 in damages to various recording companies for willfully infringing 30 songs by downloading them over KaZaA — an award of $22,500 per song. It was only the second file-sharing case to go to verdict in the Recording Industry Association of America’s (RIAA) anti-downloading litigation campaign, along with that of Jammie Thomas-Rasset, though thousands are settled or ... Read More...
Posted On Aug - 12 - 2009 Comments Off READ FULL POST
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