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Is Edward Snowden a Whistleblower?
Goldstein: Expect More Litigation in Wake of Myriad Gene Patent Decision
As More States Implement Social Media Password Laws, There’s Still Some Blind Spots
Patent Series: Protecting inventions
Trademark Series: Use-based trademark protection
Trademark Series: Protecting your mark from becoming generic
Trademark Series: Matching your commercial strategy
Trademark Series: Building a global brand
Mobile App Series: Privacy by Design
Unique Privacy Concerns for Mobile Apps
Instapundit: America's IP Laws Need to be "Pruned Back"
Unprecedented Global ATM Heist Presents a Number of Lessons for Companies
With Radical Changes, Law Firms Can Beat Recession
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
Tips for Mobile App Privacy Compliance
Video Sharing App Vine Hit with Takedown Notice from Prince
Can You Patent Human Genes? ACLU Says No
Cybersecurity Lobbying Booming: How Law Firms Can Profit
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
Your Employer Doesn’t Own Your LinkedIn Account, and They Shouldn’t Try To
Full text copy of the unanimous U.S. Supreme Court ruling in Association for Molecular Pathology v. Myriad Genetics that human genes may not be patented because they occur naturally in nature.
From Greg Stohr writing for...more
On April 16, 2013, the House Committee on the Judiciary, Subcommittee on Courts, Intellectual Property, and the Internet, held a hearing on “Abusive Patent Litigation: The Issues Impacting American Competitiveness and Job...more
On April 5, 2013, Judge Edward R. Korman of the United States District Court for the Eastern District of New York found that the Secretary of Health and Human Service’s (“HHS”) decision to limit over-the-counter (“OTC”)...more
On March 28, 2013, in Overstock.com, LLC v. New York State Dept. of Taxation and Finance, the New York Court of Appeals, New York's highest court, upheld the New York State "click-through nexus" statute against a challenge...more
March 15, 2013 was a big deadline for patent applicants seeking to secure first-to-invent filing dates for U.S. patent applications, but April 15 will be a big day for the biotechnology industry, when the Supreme Court hears...more
In a case about exposing user data, Apple suffered a setback due to its concealment of information in litigation. Last week, in the multi-district litigation, In Re iPhone Application Litigation, Judge Lucy Koh of the...more
On February 26, 2013, the United States Supreme Court in Clapper v. Amnesty International adopted a demanding standard for Article III standing in privacy cases. Although the case addressed issues of Constitutional privacy,...more
Originally published in the New York Law Journal on February 25, 2013.
Advances in technology continue to have an interesting and quixotic effect on the way in which courts grapple with personal jurisdiction. Commercial...more
It should come as no surprise that making a false statement about a competitor’s product or service is actionable. Similarly, albeit slightly less obvious, repeating a false statement that someone else makes about a...more
MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT [U.S. Department of Justice, Civil Division]
[USDOJ Memo of Points & Authorities argues that PASPA is...more
In its long-awaited decision in United States v. Caronia, the Second Circuit ruled today that the First Amendment bars the criminal prosecution of pharmaceutical manufacturers or their sales representatives for truthful,...more
In another significant Patent Term Adjustment (PTA) case decided last week (Novartis AG v. Kappos, Civ. Action No. 10-cv-1138 (Nov. 15, 2012)), the U.S. District Court for the District of Columbia found that Novartis could...more
CHRISTOPHER FERGUSON’S MEMORANDUM OF LAW JOINING HOWARD LEDERER’S MEMORANDUM OF LAW IN SUPPORT OF HIS MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT:
"Christopher Ferguson joins in Howard Lederer’s...more
[LEDERER'S MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S IN PERSONAM CIVIL MONEY LAUNDERING CLAIM AND FIRST AND SECOND IN REM...more
[MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT AND CLAIMANT HOWARD LEDERER’S MOTION TO DISMISS THE VERIFIED SECOND AMENDED COMPLAINT’S IN PERSONAM CIVIL MONEY LAUNDERING CLAIM AND FIRST AND SECOND IN REM CLAIMS]
On October 11, the U.S. District Court for the Southern District of California held that the plaintiffs in a consolidated data breach class action have plead sufficient harm to satisfy Article III’s injury-in-fact requirement...more
Addressing a purported class action filed after laptops containing health care patients’ private data were stolen, the Eleventh Circuit recently issued one of its more consumer-friendly class action decisions, Resnick v....more
In a nutshell, you need to pay attention to antitrust standing doctrine because the doctrine has real teeth and can result in dismissal of claims.
That’s what the plaintiff in Static Control Components, Inc. v. Lexmark...more
After reading part one of this series on whether legal action is the right move to respond to negative online comments as discussed in part one, you have decided you need for defamation. So, how do you figure out who to sue...more
The government’s in personam claim for civil money laundering penalties against
Howard Lederer is premised on allegations that (1) Lederer participated in FTP’s fraud against its players; and (2) FTP operated in violation of...more
Christopher Ferguson joins in the Memorandum of Points and Authority in Support of Howard Lederer’s Motion to Dismiss the Verified First Amended Complaint (the “Complaint”) for failure to state a claim under Rules 9(b) and...more
We are living in an age of retrenchment with regard to patent law, where thirty years of Federal Circuit precedent, from the court created by Congress to harmonize U.S. patent law to great public benefit, is being...more
In Christopher et al. v. Smithkline Beecham Corp.,--- S.Ct. ----, 2012 WL 2196779, U.S., June 18, 2012 (NO. 11-20412, C.D.O.S, 6646, the Supreme Court rejected the Department of Labor's interpretation of its own regulations...more
It is expected that the Supreme Court will hand down its decision on Health Care Reform this Thursday. As we discussed in a previous post, there is a real possibility that the Court will strike down the entire Affordable...more
On May 30th, Myriad Genetics filed a motion in the remand of Association for Molecular Pathology v. U.S. Patent and Trademark Office case ("Myriad") to the Federal Circuit, styled "Appellant's Suggestion of Mootness, or, in...more
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