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373 results found

Article

Jones Day | USA | 1 Feb 2017

ITC Declines To Take a Position On Contributory Infringement and Laches Issues

Following up on our previous post, the International Trade Commission (ITC) issued the public version of its Opinion in Certain Lithium Metal Oxide

Article

Borden Ladner Gervais LLP | Canada | 9 Nov 2011

All manner of claims in this website misuse case

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.

Article

Foley Hoag LLP | USA | 8 Feb 2011

Massachusetts Supreme Judicial Court concludes plaintiffs can't use state law claims to circumvent copyright law

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.

Article

Finnegan, Henderson, Farabow, Garrett & Dunner LLP | USA | 31 May 2010

Federal Circuit jurisdiction requires resolution of a patent law issue as a theory of relief

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.

Article

Mayer Brown | USA | 17 May 2010

US Court of Appeals for the Federal Circuit to consider propriety of contempt proceedings following injunctive relief in patent infringement cases

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.

Article

Winston & Strawn LLP | USA | 9 Mar 2010

Tivo, Inc. v. Echostar Corporation, et. al, 2009-1374 (Fed. Cir. March 4, 2010)

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.

Article

Winston & Strawn LLP | USA | 10 Dec 2009

Mere claim of good faith found insufficient to qualify for cybersquatting safe harbor

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").

Article

Stikeman Elliott LLP | Canada | 25 Jun 2007

In Microsoft case, infringers feel the sting of Copyright Act's provisions for statutory damages

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.

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