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New York Appellate Court Rejects Demand for Facebook Records By Irina Oberman – Edited by Ian C. Wildgoose Brown McCann v. Harleysville Ins. Co. of N.Y., No. 10-00612, 1179 (N.Y.A.D. 4 Dept. Nov. 12, 2010) Slip Opinion The Appellate Division of the Supreme Court of the State of New York affirmed the Supreme Court’s denial of defendant’s motion to compel disclosure of photographs on Facebook and defendant’s motion for authorizedaccess to plaintiff’s Facebook account. The Supreme Court had ruled that defendant’s first request was “overly broad,” ... Read More...
Posted On Nov - 28 - 2010 Comments Off READ FULL POST
USPTO Patent Denial Lawsuits Subject to FRE and FRCP By Harry Zhou – Edited by Ian C. Wildgoose Brown Hyatt v. Kappos, No. 07-1066 (Fed. Cir. Nov. 8, 2010) (en banc) Slip Opinion The U.S. Court of Appeals for the Federal Circuit, sitting en banc, vacated and remanded the decision of the U.S. District Court for the District of Columbia, which had ruled that a patent applicant is barred from introducing new facts into evidence in a civil action against the United States Patent and Trademark Office (“USPTO”) brought ... Read More...
Posted On Nov - 23 - 2010 Comments Off READ FULL POST
Chippendales’ “Professional and Classy Sexy Fun” Deemed Not Inherently Distinctive. By Phillip Hill – Edited by Ian C. Wildgoose Brown In re Chippendales USA, Inc., Serial No. 78/666,598 (Fed. Cir. Oct. 1, 2010) Opinion On October 1, the United States Court for the Federal Circuit affirmed the Trademark Trial and Appeal Board, which ruled that Chippendales USA, Inc. could not register its “abbreviated tuxedo” costume, the “Cuffs & Collar,” as an inherently distinctive mark. The Court held that even though live adult entertainment typically involves “revealing and provocative” ... Read More...
Posted On Oct - 13 - 2010 Comments Off READ FULL POST
U.S. appeals court affirms district court decision that a download is not a performance under the Copyright Act By Greg Tang – Edited by Ian C. Wildgoose Brown United States v. Am. Soc’y of Composers, Authors & Publishers, No. 09-0539 (2d Cir. September 28, 2010) Opinion On September 28, the United States Court of Appeals for the Second Circuit affirmed the ruling of the Southern District of New York that a digital download of a song does not constitute a public performance under section 106(4) of ... Read More...
Posted On Oct - 10 - 2010 Comments Off READ FULL POST
Intel and AMD announce $1.25 billion settlement By Abby Lauer – Edited by Ian C. Wildgoose Brown On Thursday, Intel announced that it will pay $1.25 billion to Advanced Micro Devices (AMD) to settle AMD’s antitrust complaints in the U.S., Europe, Japan and South Korea. According to the terms of the settlement, Intel agreed to refrain from engaging in tactics involving computer manufacturers that would exclude AMD from the microprocessor market. The companies also resolved to drop their patent dispute and enter ... Read More...
Posted On Nov - 15 - 2009 Comments Off READ FULL POST
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