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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
For in rem Jurisdiction, Ninth Circuit Holds That Domain Names Are Located Where the Registry is Located By Elizabeth Akerman – Edited by Gary Pong Office Depot, Inc. v. Zuccarini, Case No. 07-16788 (9th Cir., Feb. 26, 2010) Slip Opinion The U.S. Court of Appeals for the Ninth Circuit affirmed the decision by the District Court for the Northern District of California to grant DS Holdings’ motion to appoint a receiver to auction off Zuccarini’s domain names and use the ... Read More...
Posted On Mar - 4 - 2010 Comments Off READ FULL POST
Federal Circuit Affirms Infringement but Reverses Findings of Damages in Software Patent Case By Andrew Segna – Edited by Gary Pong ResQNet.com, Inc. v. Lansa, Inc., No. 2009-1030 (Fed. Cir. Feb. 5, 2010) Slip Opinion The United States Court of Appeals for the Federal Circuit, in a per curiam decision, affirmed in part, vacated in part, and remanded for further proceedings a patent infringement decision made by the United States District Court for the Southern District of New York. The ... Read More...
Posted On Feb - 12 - 2010 Comments Off READ FULL POST
Federal Circuit Rules Against PTO’s Interpretation of Patent Term Adjustments By Gary Pong – Edited by Dmitriy Tishyevich Wyeth and Elan Pharma Int’l Ltd. v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010). Slip Opinion The Federal Circuit affirmed the District Court for the District of Columbia, which had granted summary judgment for the plaintiffs, and held that they were “entitled to extended patent term adjustments under 35 U.S.C. § 154(b) due to the Patent and Trademark Office’s (“PTO’s”) delay ... Read More...
Posted On Jan - 14 - 2010 Comments Off READ FULL POST
By Dr. Jur. Eric Engle, LLM[i] Edited by Gary Pong Editorial Policy New technologies have made types of searches possible which could never have been envisioned when the Fourth Amendment was proposed to prohibit unreasonable search and seizure. With remote listening, infrared imaging, and, now, wireless technologies, it is possible to detect movements of people within buildings with no discernible physical impact on the surveilled person’s life.[ii] Are remote searches reasonable? Do they require a warrant?[iii] In my opinion, courts ... Read More...
Posted On Dec - 29 - 2009 Comments Off READ FULL POST
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