In the recent decision of Microsoft Corporation v Liu, the Federal Court granted Microsoft's application in part, finding that the respondent, Mr
Obtaining evidence which is in the possession of a possible infringer used to be a difficult task for an IP owner in the Netherlands, but the IP owner's position has significantly improved in recent years.
Software companies, and those companies that develop proprietary software for their internal use, should carefully note lessons coming out of the recent U.S. Court of Appeals for the First Circuit decision in Airframe Systems, Inc. v. L-3 Communications Corp., No. 10-2001 (1st Cir. September 14, 2011).
Considering the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright cases, the U.S. Court of Appeals for the Ninth Circuit Court held that irreparable harm may no longer be presumed upon showing a likelihood of success when seeking preliminary or permanent injunctive relief in copyright infringement cases.
Affirming the district court’s finding that plaintiff, Eon-Net’s, infringement claims were objectively baseless and made in bad faith, the U.S. Court of Appeals for the Federal Circuit upheld sanctions totaling over $600,000 against Eon-Net and its attorneys.
In damages phase of copyright infringement case against distributors of peer-to-peer file sharing system, court grants plaintiff record companies’ motion to preclude defendants from arguing or offering expert testimony to show that other illegal services would have induced infringement even had defendants not.
Though the "25 Rule," which presumes that 25 percent of the operating profit from the sale of an infringing good is a reasonable royalty rate, has been frequently relied upon as a starting point in calculating patent infringement damages for more than 40 years, the Federal Circuit recently held that this rule of thumb "is a fundamentally flawed tool.
The developer of an automated videogame-playing software program violated the anticircumvention provisions of the Digital Millennium Copyright Act, but is not liable for copyright infringement, the U.S. Court of Appeals for the Ninth Circuit ruled.
Under a comprehensive reform bill (Bill C-32) introduced on June 2, 2010, the Canadian Government proposes to update the Copyright Act to bring it in line with international standards, including the WIPO copyright treaties adopted in 1996.
On Sept. 10, 2010, in Vernor v. Autodesk, Inc., No. 09-35969, slip op. at 13861 (9th Cir. 2010), the U.S. Court of Appeals for the 9th Circuit held that a software reseller was liable for copyright infringement for purchasing used software from a third party and reselling it online.