U.S. Court of Appeals holds no-challenge clause in agreement settling patent infringement allegation prior to litigation void for public policy reasons *

USA - August 2 2012
On July 10, 2012, the Second Circuit issued a noteworthy opinion in Rates Technology, Inc. v. Speakeasy, Inc. (No. 11-4462-cv) regarding the enforceability of no challenge clauses in agreements settling patent infringement allegations prior to litigation between the parties.

Co-authors: Gabriel M. Ramsey.

U.S. district judge finds cloud music storage service can be protected by safe harbor provisions of the DMCA *

USA - September 28 2011
On August 22, 2011, the Southern District of New York (Pauley, J.) issued an important opinion regarding the eligibility of cloud music storage services for safe harbor under the Digital Millennium Copyright Act (DMCA) in Capitol Records, Inc. v. MP3tunes, LLC (No. 07-Civ 9931).

Co-authors: Thomas H. Zellerbach .