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District Court Says CAN-SPAM Act Does Not Violate First Amendment By Samantha Kuhn – Edited by Chinh Vo U.S. v. Smallwood, 09-CR-00249 (N.D. Tex. July 15, 2011) Slip Opinion hosted by Scribd.co The District Court for the Northern District of Texas rejected a First Amendment challenge to the CAN-SPAM criminal statute, which prohibits the computer transmission of “multiple commercial electronic mail messages, with the intent to deceive or mislead recipients . . . . as to the origin of such ... Read More...
Posted On Aug - 9 - 2011 Comments Off READ FULL POST
Supreme Court Affirms Clear and Convincing Standard for Patent Invalidity Defenses By Samantha Kuhn – Edited by Esther Kang Microsoft Corp. v. i4i Ltd. P’ship, No. 10–290 (U.S. June 9, 2011) Slip Opinion (via supremecourt.gov) On June 9, the Supreme Court affirmed a district court’s jury instructions requiring that the evidence of patent invalidity be “clear and convincing” for the invalidity defense against infringement to be successful. In a unanimous decision, the Supreme Court held that the presumption of validity ... Read More...
Posted On Jun - 15 - 2011 Comments Off READ FULL POST
District Court Dismisses Facebook User’s Claims that Account Termination Violated First and Fourteenth Amendments and Various State Laws By Samantha Kuhn – Edited by Matt Gelfand Young v. Facebook, Inc., 5:10-cv-03579-JF/PVT (N.D. Cal. Oct. 25, 2010) Opinion hosted by Justia.com On October 25, 2010, the U.S District Court for the Northern District of California granted Facebook’s motion to dismiss Karen Beth Young’s complaint that, in terminating her account, Facebook violated the First and Fourteenth Amendments as well as state contract ... Read More...
Posted On Nov - 9 - 2010 1 Comment READ FULL POST
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