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Morrison & Foerster LLP | China | 15 Sep 2011

Insights on the application of the safe harbor rule in the PRC Internet industry

In recent years, U.S. Internet service providers (“ISPs”) such as Google, Yahoo, and YouTube have been challenged in U.S. courts by copyright owners alleging that materials hosted on the ISPs’ websites infringe on the owners’ rights.

Article

Morrison & Foerster LLP | USA | 23 Feb 2011

Supreme Court to decide intent standard for inducing patent infringement

Today, the U.S. Supreme Court heard oral arguments in a patent case to determine the standard of intent necessary to establish liability for inducing patent infringement under 35 U.S.C. 271(b).

Article

Morrison & Foerster LLP | USA | 5 Jan 2011

Damages experts in patent cases can no longer use the “25 percent rule of thumb” to determine royalty rates

How should a patent holder and a company that infringes a patent divide the profits obtained by use of the patent holder's invention? This question forms a vital part of the "hypothetical negotiation" that determines the damages that are awarded in most patent cases.

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