A student-run resource for reliable reports on the latest law and technology news

Obama Administration Vetoes ITC Ban on Sale and Import of Older Apple Products
By Simon Heimowitz – Edited by Kathleen McGuinness

The Obama administration vetoed an International Trade Commission (“ITC”) exclusion order that had effectively banned the importation of some older models of the iPhone and iPad. The ITC issued the order after finding that Apple had infringed one of Samsung’s standard-essential patents. The US Trade Representative noted that the veto was made after taking into account the “effect on competitive conditions in the U.S. economy and the effect on U.S. consumers.”


Posted On Sep - 14 - 2013 Comments Off READ FULL POST

Dish Network’s “Hopper” Free to Skip Commercials as Ninth Circuit Rejects Fox’s Case for Preliminary Injunction

Fox Broadcasting Co. v. Dish Network
By Simon Heimowitz – Edited by Samantha Rothberg

The Ninth Circuit affirmed a district court’s denial of Fox Broadcasting Company’s (“Fox”) request for a preliminary injunction against a Dish Network (“Dish”) product associated with Dish’s “Hopper.” The Hopper allows subscribers to automatically record Fox’s primetime television shows, then view them with the commercials fast-forwarded.


Posted On Aug - 6 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Simon Heimowitz

First Amendment Protects Peer-Reviewed Publication Regarding Competitor’s Product

Second Circuit Affirms Finding of No Material Mistake in Wiretap Application Against Raj Rajaratnam

High Damages in Peer-to-Peer Distribution Suit Affirmed as Statutory, Not Punitive


Posted On Jul - 24 - 2013 Comments Off READ FULL POST

PTO Reexamination Decision Can Eliminate Cause of Action in Concurrent Litigation

Fresenius USA, Inc. v. Baxter International, Inc.
By Simon Heimowitz ­– Edited by Jennifer Wong

The Federal Circuit held that a U.S. Patent and Trademark Office reexamination decision, which had invalidated a number of patent claims, had to be given effect in a concurrent infringement suit regarding kidney hemodialysis equipment, effectively leaving Baxter without a cause of action. It vacated and remanded with instructions to dismiss the judgment of the District Court for the Northern District of California against Fresenius.


Posted On Jul - 19 - 2013 Comments Off READ FULL POST
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