We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 33

Is “insolubly ambiguous” the correct standard to determine compliance with Sec 112?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 5 2014

The U.S. Supreme Court granted certiorari on a petition challenging the U.S. Court of Appeals for the Federal Circuit's standard for determining when

FDA issues draft guidance addressing postmarket submission requirements for internet-based promotional materials

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 28 2014

On January 14, 2014, the U.S. Food and Drug Administration (Agency) published a long-awaited draft guidance entitled Fulfilling Regulatory

A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1

No “safe harbor” for BitTorrent website operator

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 30 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling in favor of seven film studios finding that the defendant induced

Internet advertising method found to be patent-eligible

  • McDermott Will & Emery
  • -
  • USA
  • -
  • October 31 2011

The U.S. Court of Appeals for the Federal Circuit held that a method for distributing online media to consumers by having the consumer first watch a paid advertisement constitutes patent-eligible subject matter under 35 U.S.C. 101

Federal Circuit affirms jury verdict of invalidity based on on-sale bar and public use

  • McDermott Will & Emery
  • -
  • USA
  • -
  • June 28 2012

Affirming the district court’s judgment, the U.S. Court of Appeals for the Federal Circuit cleared Facebook of allegations of patent infringement, finding that that the patent in suit was invalid under 35 U.S.C. 102(b) because the patentee’s product which embodied the patented subject matter was on sale and in public use more than one year before the filing of the patent

New COPPA parental consent method approved by FTC

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 10 2014

The Federal Trade Commission's (FTC) amended Children's Online Privacy Protection Act (COPPA) Rule (16 CFR 312 et seq.), effective July 1, 2013

Acting General Counsel of the NLRB issues second report on social media

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 27 2012

On Wednesday, January 25, 2012, National Labor Relations Board (NLRB) acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office

Lanham Act attorneys’ fees awarded in the absence of damages

  • McDermott Will & Emery
  • -
  • USA
  • -
  • August 31 2011

The U.S. Court of Appeals for the Ninth Circuit held that even in the absence of an award of damages on a Lanham Act false advertising claim, a party can recover attorneys’ fees after obtaining an injunction that confers substantial benefit to the public

How deep is the safe harbor?

  • McDermott Will & Emery
  • -
  • USA
  • -
  • May 30 2012

In a case that has now been in litigation for more than five years, and in an appeal that drew close to a hundred amici briefs, the U. S. Court of Appeals for the Second Circuit has explained its position on the contours of the Digital Millennium Copyright Act's (DCMA's) safe harbor provision that limits the liability of online service providers who permit users to post content on their websites