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Data Privacy: The Next Frontier of Corporate Compliance
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A Moment of Simple Justice - Revenge Porn
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How Fenwick Partners Caught the Tech Wave
How is Graphene Currently Used and What is the Hope for the Future?
What is Graphene? Fenwick Patent Attorney Has the Answer
Two Tips for Inventors Filing Patent Applications
Are Criminal Laws the Right Response to Revenge Porn?
Why Law Firms Are Starting to Think Like Media Companies
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Protecting and Enforcing Your High Technology Intellectual Property - Webinar Replay
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We are pleased to present the 44th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address subpoena enforcement, a rejected class action settlement, and...more
The U.S. International Trade Commission has reaffirmed its power to ban electronic transmissions (such as pirated films or software) from the United States where those transmission infringe an intellectual property right or...more
If the uncertainty that the Supreme Court’s Actavis decision injected into the world of reverse-payment settlement litigation wasn’t enough to get your attention, then the FTC’s recent effort to obtain disgorgement from...more
A decision handed down by the UK Court of Appeal earlier this month provides useful guidance on the correct approach to defining the market in relation to pharmaceutical products. The Court of Appeal held...more
The Eastern District of Texas recently held that patent infringement can constitute anticompetitive conduct for monopolization claims under Section 2 of the Sherman Act, in Retractable Technologies Inc. v. Becton Dickinson &...more
Last month, Ambry Genetics and Gene By Gene responded to Myriad's motion for preliminary injunction in a 109 page brief that sets out its invalidity case as well as the basis for its antitrust counterclaims. Supported by...more
Earlier this summer, the Obama administration dealt a blow to Standard-Essential Patent (SEP) holders by reversing an International Trade Commission (ITC) exclusion order granted in favor of an SEP holder. This action...more
On July 10, 2013, Judge Denise Cote in the Southern District of New York handed down an opinion and order finding that Apple had violated Section 1 of the Sherman Act by persuading five leading publishers jointly to abandon...more
The U.S. International Trade Commission recently published the final public version of its June 4, 2013, decision, which states that there is nothing in section 337 of the Tariff Act of 1930 that precludes the Commission from...more
In a much-anticipated decision, the Supreme Court in FTC v. Actavis held 5-3 that reverse-payment settlements of Hatch-Waxman Act litigation are neither immune from antitrust liability nor presumptively ulawful but rather...more
The patent wars between large technology companies continue unabated. The Court of Justice of the European Union (CJEU) is set to provide guidance on the antitrust rules when holders of standard essential patents seek...more
In a recent post, I discussed how a company could be liable for referencing a third-party’s unbiased endorsement if, unbeknownst to that company, the basis for the endorsement turned out to be unjustified. In another...more
In LifeScan, Inc. v. Shasta Technologies, LLC, 2013 U.S. Dist. LEXIS 38677 (N.D. Cal. Mar. 19, 2013), Judge Davila granted plaintiff’s motion for a preliminary injunction to address claims of patent infringement, and...more
Google recently agreed to a settlement after a three-year investigation conducted by 38 state attorneys general stemming for allegations that it had violated individuals’ privacy rights when it collected information from...more
On January 8, 2013 – less than a week after the Federal Trade Commission ("FTC") entered into a consent order with Google, under which Google is generally banned from seeking injunctions on its F/RAND -encumbered...more
Most people seem to know that on-line browsing does not occur in a vacuum. As we browse the Web the sites we visit send “cookies” to our browsers that allow those sites to recognize us and keep track of our activity on them....more
On January 3, 2013, the Federal Trade Commission (FTC) ended its highly publicized and wide-ranging investigation into Google Inc.’s business practices with an enforcement action that has been described by some as a “slap on...more
In This Issue:
..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions
..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more
In a signal that it may seek monetary relief from pharmaceutical companies involved in so-called “pay-for-delay” agreements and from other firms engaged in other conduct believed to be anticompetitive, the Federal Trade...more
Almost daily, headlines announcing data breaches exposing consumer personal information to identity thieves are becoming more and more common. Recent regulatory and consumer class actions filed on the heels of these breaches...more
Full text copy of the anti-trust complaint filed by the US Department of Justice against Apple and a handful of book publishers to do with e-book pricing practices. From the DOJ press release:
"The Department of Justice...more
Google’s strong interest (some might say desperation) in conquering the social media territory already so thoroughly dominated by Facebook may have caused it to go a little too far. Or a lot too far, assuming you think...more
On October 12, 2011, the FTC announced that it, along with Frostwire LLC and FrostWire’s managing member, Angel Leon, (collectively, “FrostWire”), agreed to a stipulated final order for permanent injunction resulting from the...more
Originally Published in Insurance Law360.
In the first seven months of 2011, a number of companies and institutions have reported large-scale data breaches. The causes of the breaches range from misplacement of data by...more
Medical Mutual of Ohio, Inc. (“MMOH”), a medical insurer, brought an antitrust class action on behalf of similarly situated indirect purchasers of a constipation drug produced by Braintree Laboratories (“Braintree”) in...more
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