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Results: 1-10 of 142

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


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


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


Internet specimens of use need not include pictures of the goods to show bona fide use in commerce
  • McDermott Will & Emery
  • USA
  • January 30 2010

The U.S. Court of Appeals for the Federal Circuit recently reversed a Trademark Trial and Appeal Board (TTAB) decision requiring that webpage specimens of use must include a picture of the goods


Registration requirement does not restrict a subject-matter jurisdiction over infringement claims involving unregistered works
  • McDermott Will & Emery
  • USA
  • March 31 2010

In a unanimous decision, the Supreme Court of the United States held that although the Copyright Act’s registration requirement, 17 U.S.C. 411(a), is a precondition to filing a copyright infringement claim, a copyright holder’s failure to comply with that requirement does not restrict a federal court’s subject-matter jurisdiction over infringement claims involving unregistered works


eBay not liable for sales of counterfeit Tiffany jewelry
  • McDermott Will & Emery
  • USA
  • April 28 2010

Upholding a district court’s 2008 ruling that eBay was not liable for trademark infringement based on sales of counterfeit Tiffany & Co. jewelry on eBay’s website, the U.S. Court of Appeals for the Second Circuit held that an online service provider must possess more than a general knowledge or reason to know that its service is being used to sell counterfeit goods in order to impose contributory trademark infringement liability


“Hot news” cannot be enjoined under misappropriation claim
  • McDermott Will & Emery
  • USA
  • July 31 2011

In a case that attracted significant amici attention, the U.S. Court of Appeals for the Second Circuit, invoking the copyright law principal of preemption, vacated an injunction against an internet news service that was based on a tort claim of misappropriation


Domain name registrant found to lack bad faith in UDRP proceeding later loses against ACPA claim
  • McDermott Will & Emery
  • USA
  • May 28 2011

Considering whether a domain name registrant who prevailed in a Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding possessed legitimate rights in the domain name in a subsequent court action for federal cybersquatting, the U.S. Court of Appeals for the Fourth Circuit affirmed a grant of summary judgment to plaintiff, finding that the defendant domain name registrant ceased to possess rights in the underlying domain name when it changed the content of its website to content concerning a geographical location referenced by the mark to content targeting the same type of products sold by a trademark owner under the mark


Personal jurisdiction lacking despite twenty internet users from forum state signing up for defendant’s website
  • McDermott Will & Emery
  • USA
  • May 28 2011

Considering whether a New Jersey website operator was subject to personal jurisdiction in Illinois, the U.S. Court of Appeals for the Seventh Circuit held that for personal jurisdiction to arise, a defendant must in some way target the forum state’s market in addition to operating an interactive website that is accessible from the forum state


eBay abrogates presumption of irreparable harm in copyright cases in Ninth Circuit
  • McDermott Will & Emery
  • USA
  • August 31 2011

Considering the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright cases, the U.S. Court of Appeals for the Ninth Circuit Court held that irreparable harm may no longer be presumed upon showing a likelihood of success when seeking preliminary or permanent injunctive relief in copyright infringement cases