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Results: 1-10 of 61

Video-sharing website protected by DMCA safe harbor

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 30 2009

In 2008, the video-sharing website Veoh.com (Veoh) won two notable decisions under the “safe harbor” provisions of the Digital Millennium Copyright Act (DMCA

KSR based renewed motion on obviousness is a winner

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 26 2009

The U.S. Court of Appeals for the Federal Circuit affirmed a district court grant of a post-KSR renewed summary judgment on obviousness (after denying a pre-KSR motion

Curbing online piracy - rethinking strategy?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 30 2007

In April 2006, Ms. Jammie Thomas was sued by the Recording Industry Association of America for copyright infringement after more than 1700 music files were traced to a computer used by her

Not so fast eBay analysis extended to preliminary injunctions in trademark cases

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 31 2008

The U.S. Court of Appeals for the Eleventh Circuit evaluated the trademark significance of using a competitor’s trademarks in internet meta-tags, as well as the evolving standard for granting preliminary injunctions in trademark infringement actions in determining that a defendant’s use of plaintiff’s trademarks as a meta-tag was actionable and likely to cause confusion

KSR obviousness and BMC joint infringement revisited

  • McDermott Will & Emery
  • -
  • USA
  • -
  • July 30 2008

Taking the opportunity to speak to a pair of patent doctrines that were the subject of “disruptive” opinions last year (and that are still in the process of being fully fleshed out), a panel of the U.S. Court of Appeals for the Federal Circuit reversed a jury verdict finding infringement and validity, rejecting the theory of joint infringement absent a single party exercising “control or direction” over the infringement and found claims directed to a method of using the internet to conduct a bond auction to be obvious under KSR

Fifth Circuit speaks out again on venue transfers

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 31 2009

The Fifth Circuit denied a petition for writ of mandamus to direct transfer of a case from the U.S. District Court for the Northern District of Texas to the U.S. District Court for the Northern District of California, notwithstanding a forum selection clause between the parties that designated California

Nothing non-obvious about applying pre-existing technology to the Internet

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2013

Addressing the issue of obviousness of patents directed to Internet-based software, the U.S. Court of Appeals for the Federal Circuit reversed a

U.S. Supreme Court denies certiorari to review New York’s click-through nexus law

  • McDermott Will & Emery
  • -
  • USA
  • -
  • December 5 2013

The U.S. Supreme Court has declined to consider the constitutionality of New York's "Amazon" click-through sales tax nexus law, leaving it in effect

“.com” does not convert a generic term into a brand name

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2009

The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision by the Trademark Trial and Appeal Board, refusing registration of the mark “hotels.com” because it is generic

“Objectionable material” under CDA means more than just porn

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2009

The U.S. Court of Appeals for the Ninth Circuit has confirmed that the safe harbor provisions of the Communications Decency Act (CDA) apply to screening or blocking software and cover more then just pornography; they cover spyware as well