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Results: 1-10 of 113

DMCA "safe harbor" protection upheld for YouTube notwithstanding generalized knowledge of infringement

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 29 2010

A United States District Court for the Southern District of New York recently found that YouTube was entitled to "safe harbor" protection under the Digital Millennium Copyright Act (DMCA) against all of Viacom's direct and secondary copyright infringement claims

Whirlpool sued by artist over designs for kitchenaid mixers

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • May 10 2013

Plaintiff Nicole Dinardo designs and sells hand painted KitchenAid Mixers. Whirlpool, which owns KitchenAid, allegedly approached Dinardo regarding

Winston wins victory for Veoh in copyright infringement lawsuit

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 18 2009

A federal court recently affirmed that Veoh Networks, an online video Web site, qualified for safe-harbor protection under the Digital Millennium Copyright Act ("DMCA"

SiRF Technology, Inc. v. ITC

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • April 23 2010

The International Trade Commission ("ITC") issued an exclusion and cease and desist order on importation of certain Global Positioning System ("GPS") devices and products after finding that the devices and products infringed certain patents

A broader independent claim cannot be nonobvious where a dependent claim stemming from that independent claim is invalid for obviousness

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • March 9 2010

Following a five-day trial, the jury returned a special verdict that defendant willfully infringed claims of a patent relating to a cooling device designed to mount within the drive bay of a computer, that certain independent claims were not invalid as obvious, but that certain dependent claims were obvious

Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 15 2009

Plaintiff bore the burden of proving ownership of the patents pursuant to a contractual agreement and failed to do so; the district court correctly dismissed the suit without prejudice

Malpractice claims against patent attorneys necessarily rely on federal law because the fiduciary duties owed by patent counsel are governed by federal statutes and the manual of patent examination procedure

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 2 2010

The initial controversy before the district court concerned fifteen claims made by the plaintiff-inventorunder a combination of federal and state lawagainst his former patent counsel and employer, alleging the improper listing of a co-inventor on the patent application and improper legal representation of that individual due to the conflicting interests of the plaintiff

Wordtech Systems, Inc. v. Integrated Networks Solutions, Inc., No. 2009-1454 (Fed. Cir. June 16, 2010).

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 22 2010

Running-royalty agreements can be relevant to lump-sum damages, but "some basis for comparison must exist in the evidence presented to the jury."

Apple wins 16 domain names from cybersquatter

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • January 11 2010

Apple, Inc. filed two UDRP Complaints against Daniel Bijan at the National Arbitration Forum ("Forum") in November 2009

In determining patent term extensions under 35 U.S.C. 156, the statutory term “active ingredient” means the product, not the active moiety of the product, that is present in the approved drug

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • May 18 2010

The patentee owned a patent to a chemical compound MAL hydrochloride (“MAL”), which was patented and received FDA approval to treat precancerous cell growths on the skin