Court Orders District Court to Reconsider Preliminary Injunction on “Catcher in the Rye” Sequel By Katy Yang – Edited by Kassity Liu Salinger v. Colting, No. 09-2878-cv (2d Cir. April 30, 2010) Slip Opinion The United States Court of Appeals for the Second Circuit vacated and remanded the judgment of the United States District Court for the Southern District of New York, which had granted Salinger’s motion for a preliminary injunction for copyright infringement and unfair competition. The Second Circuit ... Read More...
By Kassity Liu Amazon Files Lawsuit to Protect Consumer Privacy On April 19, 2010, online retailer Amazon.com filed a lawsuit against the North Carolina Department of Revenue (DOR), asking a federal judge to preempt the DOR’s request for detailed information on consumers’ purchases from the company’s website. CNET and Ars Technica reported that Amazon is pushing back because it believes the DOR’s request violates consumers’ rights under the First Amendment and the Video Privacy Protection Act. In its complaint, Amazon ... Read More...
By Kassity Liu Third Circuit Dismisses “Sexting” Charges Against Minor On March 18, the WSJ Law Blog reported that the Court of Appeals for the Third Circuit dismissed charges against a teenage girl for distributing sexually explicit images of herself. The court had originally stated that they would address whether the First Amendment protects minors from sending these types of images of themselves through their cells phones, but the court refused to consider this issue in the case. Instead, the ... Read More...
TiVo Wins Five Year Battle Over Patent Infringement with EchoStar By Katy Yang – Edited by Kassity Liu TiVo Inc. v. EchoStar Corp., No. 2009-1374 (E.D. Tex., March 4, 2010) Slip Opinion The United States Court of Appeals for the Federal Circuit affirmed a decision by the United States District Court for the Eastern District of Texas, which had found EchoStar in contempt of a permanent injunction order that was issued by the court in an earlier judgment in which ... Read More...
By Kassity Liu India’s Stringent Patentability Standards Cause Corporate Dissatisfaction On February 12, the WSJ Law Blog reported that India’s standards for patentability may be leading to a lack of significant patent protection for important pharmaceutical drugs. Before 2005, India offered patent protection to processes for making pharmaceutical drugs, but no protection to the products themselves. After the patent system was extended to cover the products, a large number of multinational drug companies began to market their products in India. ... Read More...
