Following up on our previous post, the International Trade Commission (ITC) issued the public version of its Opinion in Certain Lithium Metal Oxide
The BC Supreme Court’s decision in Century 21 Limited Partnership v Rogers Communications Inc., 2011 BCSC 1196, sounds like a law-school mooting problem, given the number of issues it covers.
The Massachusetts Supreme Judicial Court recently reaffirmed the rule that state law claims based on copyright are preempted by the preemption provisions of the Copyright Act, 17 U.S.C. 301.
In ClearPlay, Inc. v. Abecassis, No. 09-1471 (Fed. Cir. Apr. 21, 2010), the Federal Circuit held that it lacked appellate jurisdiction over a case relating to a dispute stemming from the parties’ license agreement, and transferred the case to the U.S. Court of Appeals for the Eleventh Circuit.
On May 14, 2010, the US Court of Appeals for the Federal Circuit granted a petition for rehearing en banc in a case involving contempt proceedings for patent infringement following issuance of an injunction.
Following an order granting a permanent injunction, an infringer may still be held in contempt of that order despite good faith efforts to achieve a non-infringing design-around; and even if the infringer achieves a non-infringing design-around, it may still be held in contempt for failure to comply with the clear terms of the order.
The Ninth Circuit recently affirmed a decision that a defendant’s use of the "VeriCheck" mark was in bad faith for purposes of the Anti-Cybersquatting Consumer Act (ACPA").
The decision of the Federal Court in Microsoft Corporation v. 9038-3746 Quebec Inc. et al 2006 FC 1509 is of interest because it adds to the relatively scant Canadian jurisprudence on statutory damages awarded for infringement of copyright.