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En banc Ninth Circuit limits scope of Computer Fraud and Abuse Act - terms of use do not restrict authorized access

USA - April 11 2012 On Tuesday, April 10, 2012, the Ninth Circuit, in an en banc decision penned by Judge Kozinski, held that an employee could not be criminally liable under the Computer Fraud and Abuse Act, 18 U.S.C. 1030 (the "CFAA") for "exceeding authorized access" to an employer's computer by accessing proprietary information in violation of the employer’s written policies....

Ilana S. Rubel, Sebastian E. Kaplan.


Ninth Circuit rejects presumption of irreparable harm in copyright cases

USA - August 4 2011 Copyright defendants have a reason to thank Perfect 10, Inc. this week; the serial - and serially unsuccessful - plaintiff’s latest appeal has resulted in a decision that will make it significantly more difficult for copyright owners to obtain preliminary and permanent injunctions against alleged infringers in the Ninth Circuit....

Ilana S. Rubel.


Federal Circuit limits patent misuse in Princo

USA - September 2 2010 A sharply divided en banc U.S. Court of Appeals for the Federal Circuit significantly narrowed the scope of the patent misuse defense this week....

Tyler Baker.


Ninth Circuit reverses broad injunction against doll manufacturer on the basis of employment contract interpretation and thin copyright

USA - July 23 2010 Mattel v MGA Entertainment, issued yesterday by the Ninth Circuit Court of Appeals, provides important lessons for drafting and interpreting employment and invention assignment agreements, clarifies the legal standards for examining similarity in copyright infringement cases, and provides guidance on the scope of equitable relief available in intellectual property cases....

Jedediah Wakefield.