FDA (Finally!) Issues New Regulations to Clarify Pharmaceutical Patent Litigation: How to Use Patent “Use Codes” -
October 6, 2016, the FDA issued a final rule implementing certain provisions of the Medicare...more
11/29/2016
/ Copyright ,
De Minimis Claims ,
Enforcement ,
Food and Drug Administration (FDA) ,
New Regulations ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Trademarks ,
UK ,
UK Brexit
Europe’s highest court has ruled that software owners have potentially greater rights to prevent the resale of back-up copies of their works than may exist in relation to the original licensed programs.
The Court of...more
Copyright reform is a key part of the European Union’s package of measures designed to create a Digital Single Market (DSM) in the EU. The European Commission’s view is of nothing less than a modernisation of EU copyright...more
10/11/2016
/ Copyright ,
Court of Justice of the European Union (CJEU) ,
Digital Single Market ,
Disability ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Member State ,
Popular ,
Publishers ,
Remuneration
The Court of Justice of the European Union (CJEU) has ruled that, in certain circumstances, the act of posting a hyperlink to copyrighted works without the author’s consent may constitute copyright infringement. The crucial...more
Free Wi-Fi may come with more strings attached than anyone previously thought – at least in Europe. A recent copyright ruling of the highest European Union court may prove to be a double-edged sword for entities that offer...more
The process of Brexit will take time, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating across all our offices and working with clients on your key concerns and...more
8/22/2016
/ CDPA ,
Community Designs ,
Copyright ,
Digital Single Market ,
EU ,
European Patent Office ,
European Union Intellectual Property Office (EUIPO) ,
European Union Trade Mark (EUTM) ,
Intellectual Property Protection ,
Member State ,
Referendums ,
Trademarks ,
UK ,
UK Brexit ,
Unified Patent Court ,
Unitary Patent
Supreme Court Abolished Federal Circuit's Test for Willfulness -
On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more
8/13/2016
/ Abuse of Discretion ,
Appeals ,
Attorney's Fees ,
Authorship ,
Books ,
Burden of Proof ,
Collaboration ,
Copyright ,
Copyright Infringement ,
Employee Mobility ,
Enhanced Damages ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
European Union Trade Mark (EUTM) ,
Fee-Shifting ,
Film Industry ,
Halo v Pulse ,
Harmonization Rules ,
Kirtsaeng v. John Wiley & Sons ,
Objective Unreasonableness Standard ,
Patent Infringement ,
Patents ,
Preponderance of the Evidence ,
Prevailing Party ,
Remedies ,
SCOTUS ,
Screenplays ,
Seagate ,
Standard of Review ,
Trade Secrets ,
Trademark Registration ,
Trademarks ,
UK ,
UK Brexit ,
Unlawful Disclosure ,
Whistleblowers ,
Willful Infringement
Mixed Messages: Courts Grapple With Emoticons and Emoji -
Emoticon and emoji are ubiquitous in online and mobile communications; according to one study, 74 percent of Americans use emoticons, emoji and similar images...more
In This Issue:
- Court Protects Anonymity of Yelp Users
- FTC Issues Landmark Report on Internet of Things
- Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more
5/15/2015
/ Anonymity ,
Copyright ,
Digital Assets ,
DMCA ,
Federal Trade Commission (FTC) ,
Internet of Things ,
Mobile Devices ,
Online Reviews ,
Social Media ,
Social Networks ,
Terms and Conditions ,
Web Scraping ,
Web Tracking ,
Yelp
Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more
3/13/2015
/ Big Data ,
Copyright ,
Copyright Infringement ,
Databases ,
EU ,
European Court of Justice (ECJ) ,
Infringement ,
Internet ,
Popular ,
Terms and Conditions ,
Web Scraping ,
Websites
On 5 June 2014 the European Court of Justice (CJEU) published its decision in the “Meltwater” Case C-360/13, (Public Relations Consultations Association Ltd (PRCA) v Newspaper Licensing Agency Ltd (NLA) and Others). In a...more
In 2011 the Hargreaves Review stated that in some respects UK copyright law had failed to “keep up with technological and social change”, and recommended that the UK implement all of the copyright infringement exceptions...more