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327 results found

Article

Gowling WLG | Canada | 7 Sep 2016

Copyright infringement claim successful by way of application

In the recent decision of Microsoft Corporation v Liu, the Federal Court granted Microsoft's application in part, finding that the respondent, Mr

Article

Hogan Lovells | Netherlands | 25 Oct 2011

Court allows inspection of seized evidence of infringement at interim proceedings level

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.

Article

Drinker Biddle & Reath LLP | USA | 3 Oct 2011

Recent First Circuit decision provides important lessons on copyright diligence

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).

Article

McDermott Will & Emery | USA | 31 Aug 2011

eBay abrogates presumption of irreparable harm in copyright cases in Ninth Circuit

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.

Article

McDermott Will & Emery | USA | 31 Aug 2011

Baseless infringement allegations (by an NPE) warrants “exceptional” case

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.

Article

Loeb & Loeb LLP | USA | 11 May 2011

Arista Records LLC v. Lime Group LLC

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.

Article

Nutter McClennen & Fish LLP | USA | 22 Mar 2011

Rejection of the 25 rule in the calculation of a reasonable royalty rate

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.

Article

Proskauer Rose LLP | USA | 11 Jan 2011

Developer of automated videogame-playing program violated DMCA but did not infringe copyright

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.

Article

Miller Thomson LLP | Canada | 28 Sep 2010

New bill will amend Canadian Copyright Act

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.

Article

Davis Wright Tremaine LLP | USA | 27 Sep 2010

Vernor v. Autodesk: product distribution and resale by licensees may infringe copyright

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.

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