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Results: 11-20 of 141

Wireless does not mean “without wires”; “streaming video” does not mean emailing a video file
  • McDermott Will & Emery
  • USA
  • February 25 2015

Reviewing a final written decision of U.S. Patent Trial and Appeal Board (PTAB or Board), finding application claims unpatentable, the U.S. Court of


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


Second Circuit revives copyright infringement suit against non-resident for uploading copyrighted material online
  • McDermott Will & Emery
  • USA
  • June 30 2011

Employing the standard set out by the New York Court of Appeals in internet copyright infringement cases, the U.S. Court of Appeals for the Second Circuit has revived a copyright infringement suit brought by a New York resident against a non-resident based upon defendant’s alleged uploading of copyrighted materials onto the internet


Webcasting music services not “interactive” when users cannot directly control the songs they hear
  • McDermott Will & Emery
  • USA
  • September 28 2009

The U.S. Court of Appeals for the Second Circuit affirmed a district court judgment that an internet radio service was not an “interactive service” within the meaning of the Digital Millennium Copyright Act (DMCA) and hence was not liable for copyright infringement for failure to pay license fees


Constitutional challenge to (file sharing) damage award rebuffed
  • McDermott Will & Emery
  • USA
  • October 31 2011

The U. S. Court of Appeals for the First Circuit was less sympathetic than the district court to a Boston College graduate student who was found to have used file sharing software to distribute copyrighted music, concluding that the district court erred in reducing the damage award based on due process concerns


Re-registration of domain name containing another’s trademark is not cybersquatting
  • McDermott Will & Emery
  • USA
  • October 31 2011

The U.S. Court of Appeals for the Ninth Circuit reversed a California district court’s holding that re-registration of a domain name containing another’s trademark violated the Anti-Cyberqsuatting Consumer Protection Act


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


“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


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


Google Books is fair use and provides “significant public benefits”
  • McDermott Will & Emery
  • USA
  • December 31 2013

Since 2004, the Google Books project has scanned over 20 million books and has provided digital copies of the books to participating libraries while