Last November, I posted about the Department of Justice suit against eBay for its alleged illegal hiring pact with Intuit. The DOJ contended that the eBay-Intuit agreement not to poach each other's employees violated both the...more
Under the Copyright Act, copyright owners are granted the exclusive right to prevent the unauthorized sale or distribution of copies of their works to the public. The first sale doctrine creates an exception to this rule by...more
On November 16, the DOJ Antitrust Division filed an antitrust action against eBay, alleging that "[s]enior executives at eBay and Intuit entered into an evolving ‘handshake’ agreement . . . [that] prohibited either company...more
In This Issue:
..News From the Bench:
- Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents.
- The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more
In 2010, the government of Canada amended the Competition Act, making anti-competitive conspiracies between competitors or potential competitors a per se criminal offence, requiring no evidence of an adverse impact on...more
In this issue:
- Kirtsaeng v. John Wiley & Sons: How the Supreme Court Will Decide the Fate of eBay, Libraries, and Yard Sales
- Supreme Court to Consider Whether (Isolated) Human Genes are Patentable
The Supreme Court recently heard oral arguments concerning the global reach of domestic copyright law. At issue in Kirtsaeng v. John Wiley & Sons is the first sale doctrine, which permits the owner of a copyrighted item to...more
We are pleased to present the 22nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we examine several cases that the U.S. Supreme Court will hear in its next term and an...more
Last week, the Department of Justice filed another suit against one of the nation's tech giants for entering into horizontal no-hire agreements. This time the suit is against EBay, and it generally alleges that EBay and...more
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