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Weintraub Tobin Chediak Coleman Grodin Law Corporation | USA | 25 Oct 2011

Elvis has left the building

The long-held rule in the Ninth Circuit was that a plaintiff, in a copyright infringement claim, is presumed to have suffered irreparable harm upon a showing of likelihood of success.


Jones Day | USA | 5 Aug 2011

Ninth Circuit conclusively overrules precedent permitting a presumption of irreparable harm on a showing of copyright infringement

In Perfect 10 v. Google, No. 10-56316, D.C. No. 2:04-cv-09484-AHM-SH (9th Cir. Aug. 3, 2011), the Ninth Circuit conclusively jettisoned the presumption of irreparable harm upon a showing of copyright infringement.


Cadwalader Wickersham & Taft LLP | USA | 24 Sep 2010

IP Czar aims at enhancing Section 337 enforcement of IP rights

On October 13, 2008, the PRO-IP Act created the position of Intellectual Property Enforcement Coordinator ("IPEC") to coordinate the federal government's enforcement of IP laws, both in the United States and abroad, including in particular "matters relating to combating counterfeit and infringing goods."


Fox Rothschild LLP | USA | 7 Sep 2010

False marking statute continues to gain ground in the Federal Circuit

The "patent marking statute," 35 USC 287(a), states that notice may be given to the public of the patented nature of an article by affixing the word "patent" or "pat" and the related patent number to the article or to its packaging.


Baker & Hostetler LLP | USA | 28 Jun 2010

Summary judgment for YouTube demonstrates importance of complying with the Digital Millennium Copyright Act

A New York Federal Court Order granted summary judgment in favor of Google, and its subsidiary YouTube, demonstrating the potency of the "safe harbor" protection given to websites by the Digital Millennium Copyright Act ("DMCA").


Foley & Lardner LLP | USA | 21 Dec 2009

Antitrust issues in generic drug settlements: recent developments and considerations in where to draw a line

In the next few months, there will be new legislation (or, failing that, continued antitrust agency enforcement efforts) to restrict the use of litigation settlement agreements to resolve disputes between pharmaceutical industry IP rights holders and generic drug companies.


Loeb & Loeb LLP | USA | 18 Nov 2009

New Form, Inc. v. Tekila Films, Inc., et al.

Ninth Circuit affirms jury award of statutory damages for $1,312,500 for willful copyright infringement, rejecting defendants’ argument that statutory damages should be measured in relation to the fair market value of the infringed works.


Jenner & Block LLP | USA | 11 Jun 2009

Judge Sotomayor’s record on copyright and First Amendment issues

Judge Sonia Sotomayor’s recent nomination to the United States Supreme Court has attracted substantial attention in the business community.


Squire Patton Boggs | USA | 23 Feb 2009

The Greenberg copyright case: a new rule for republication without consent

In 1976 Congress placed in the Copyright Act a 'presumptive' privilege to republish individual creative works that narrowly limited the circumstances of republication.


Wiley Rein LLP | USA | 5 Sep 2008

Congress considers legislation to toughen IP enforcement

Congress is considering several bills purporting to strengthen the rights and remedies available to copyright and trademark holders, and make it easier to prosecute repeat offenders by creating a new federal agency to oversee intellectual property enforcement.

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