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Fifth Circuit flushes away pro se plaintiff’s claims against oil giants for intellectual property theft and infringement of a “giant plunger"
- McDermott Will & Emery
- -
- USA
- -
- April 30 2013
Addressing allegations by a pro se plaintiff that oil industry giants stole and infringed her various intellectual property rights related to a “giant
The Jackson reforms come into effect
- McDermott Will & Emery
- -
- United Kingdom
- -
- April 15 2013
The Jackson reforms, the result of a one-year review of costs in civil litigation by Lord Justice Jackson, were largely implemented on 1 April 2013
Abuse of IP rights under China's antitrust rules: recent cases have a potentially serious impact
- McDermott Will & Emery
- -
- China
- -
- March 22 2013
Corporations doing business in China, based on their intellectual property (IP) rights, need to be aware of the potentially serious impact of China's
For a product to be “derived from” another, it must copy novel aspects of the original product
- McDermott Will & Emery
- -
- USA
- -
- October 31 2012
Evaluating claims of a breach of a non-disclosure agreement, the U.S. Court of Appeals for the First Circuit reversed a district court’s issuance of an injunction as to certain products, finding that violation of a non-disclosure agreement required appropriation of a novel aspect of the underlying technology
Chuck Yeager’s right of publicity suit will no longer fly in the Ninth Circuit
- McDermott Will & Emery
- -
- USA
- -
- October 31 2012
Addressing several claims stemming out of an allegedly unauthorized publication of signed memorabilia on a website, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment ruling in favor of the defendants with respect to numerous claims, finding Chuck Yeager’s submitted declaration to be a sham
A public icon: Marilyn Monroe estate loses appeal for publicity rights
- McDermott Will & Emery
- -
- USA
- -
- October 31 2012
Addressing the issue of judicial estoppel, the U.S. Court of Appeals for the Ninth Circuit affirmed that Marilyn Monroe’s estate is estopped from asserting the late actress’ rights of publicity under California law, finding that 40 years of judicial proceedings supported the late actress being domiciled in New York at the time of her death, a state which does not recognize posthumous publicity rights
Privilege against self-incrimination and the scope of the intellectual property exception
- McDermott Will & Emery
- -
- United Kingdom
- -
- March 30 2012
In Stephen John Coogan v News Group Newspapers Ltd 2012 EWCA Civ 48 the Court of Appeal of England and Wales upheld orders from the High Court of England and Wales requiring the private investigator for the former News of the World newspaper, Mr Mulcaire, to provide information regarding his phone hacking activities, despite Mr Mulcaire’s argument that to do so would infringe his privilege against self-incrimination
No independent analysisno preliminary injunction
- McDermott Will & Emery
- -
- USA
- -
- February 29 2012
Addressing the issue of whether a preliminary injunction should be stayed pending appeal if the district court neglected to consider all defenses raised, the U.S. Court of Appeals for the Federal Circuit (in a non-precedential order) instead vacated the preliminary injunction because in granting it, the district court failed to adequately address the defendant’s obviousness arguments
Notice of Commission determination to affirm in part and reverse in part a determination of no violation in Certain Mobile Telephones investigation
- McDermott Will & Emery
- -
- USA
- -
- July 1 2011
On June 30, 2011, the Commission gave notice of its determination to affirm in part, reverse in part, and remand in part, the final ID of the presiding ALJ’s finding of no violation of Section 337 existed in Inv. No. 337-TA-703, Certain Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras and Components Thereof
Andrew Gray v News Group Newspapers Ltd: privilege against self-incrimination and scope of the “intellectual property” exception
- McDermott Will & Emery
- -
- United Kingdom
- -
- April 29 2011
In Andrew Gray v News Group Newspapers and Mulcaire 2010 EWHC 2893 (Ch), an action for misuse of confidential information and invasion of privacy brought by Andrew Gray (former football commentator) and Stephen Coogan (wellknown comedian), Mr Mulcaire refused to disclose certain information, arguing that he was protected from supplying evidence that might lead to self-incrimination
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