Sunday, February 5, 2012

Senate Judiciary Committee Approves Bill To Make Online Streaming A Felony

By a voice vote June 16, the Senate Judiciary Committee approved the Commercial Felony Streaming Act (S. 978), which would make it a felony to stream copyrighted works without authorization…

BNA INSIGHTS: Does Inducement of Patent Infringement Require Actual Knowledge of a Patent?—The Supreme Court’s Review of Global Tech Appliances Inc. v. SEB S.A.

A common defense to claims of inducement of patent infringement under 35 U.S.C. § 271(b) is that the accused infringer did not know of the patent and so could not have intended to induce infringement. That defense was put in jeopardy earlier this year when the U.S. Court of Appeals for the Federal Circuit ruled that actual knowledge of a patent was not required to…

Microsoft Must Face Jury Again on Patent Infringement Damages, Appeals Court Rules

On Jan. 4, the U.S. Court of Appeals for the Federal Circuit overturned a district court’s award of judgment as a matter of law that Microsoft Corp. was not liable for infringement of a patent on…

Google Announces Takedowns in 24 Hours, Changes to Halt Piracy and Infringement

Google Inc. announced Dec. 2 on its public policy blog that it will be making changes over the next few months to develop new ways to better address copyright infringement and the Digital Millennium Copyright Act’s notice and…

BNA INSIGHTS: From Torrent Trackers to Anonymous Ion Cannons: Recent Evolutions in Peer-to-Peer Technology

There is a war online. Two very different ideologies are battling for control of information. On one side are those looking to regulate how information is distributed; on the other are…

Canadian Website Operator Must Defend Righthaven Copyright Action in Nevada Federal Court

Operators of a Canadian website, on which an anonymous user posted a copyrighted news article that is the subject of one of a rapidly expanding number of recent lawsuits filed by Righthaven LLC, must defend the case in Nevada, the U.S. District Court for the…

BNA INSIGHTS: Practical Tips for Litigating Induced Patent Infringement Cases in the Wake of the DSU,SEB,and Other Recent Decisions

Several recent cases—principally DSU Medical Corp. v. JMS Co.—have attempted to clarify the standard for proving inducement of patent infringement. These cases, however, have also raised additional questions leaving…

Online Copyright Infringement Bill Supported by Information Technology and Innovation Foundation Study

The Combating Online Infringement and Counterfeits Act (S. 3804), introduced Sept. 20 by Sens. Patrick J. Leahy (D-Vt.) and Orrin G. Hatch (R-Utah), would take an aggressive and needed stand against online piracy, a…

Righthaven Group’s Litigation Tactics Prompt Fair Use, Other Concerns

The ease of distribution of content on the internet has posed a series of difficulties for the newspaper industry, whose works are among the…

Russian Company May Challenge Use of ‘Stolichnaya’ Trademark in U.S.

A Russian company may challenge another company’s claim of ownership of the “Stolichnaya” marks for spirits as a district court improperly conflated incontestability of the mark with the…

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