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The Aereo crashed: cheap internet TV thwarted
  • McDermott Will & Emery
  • USA
  • July 30 2014

The Supreme Court of the United States has now determined that internet streaming services directly infringe the copyrights of several television


Disclosures need not contain customers’ actual names to violate the Video Privacy Protection Act rules Hulu court
  • McDermott Will & Emery
  • USA
  • May 9 2014

In the latest of a string of victories for the plaintiffs in the Video Privacy Protection Act (VPPA) class action litigation against Hulu, LLC, the U


Hotels and online travel companies move to throw out class action suit
  • McDermott Will & Emery
  • USA
  • September 24 2013

Last week, a group of hotels and online travel companies moved to dismiss an amended class action complaint alleging that they engaged in a


Judge finds that Apple conspired to raise e-book prices
  • McDermott Will & Emery
  • USA
  • July 12 2013

On July 10, 2013, Judge Denise Cote of the Southern District of New York issued a 160-page opinion holding that Apple conspired with five book


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


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


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


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


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