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by BakerHostetler on

The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that protects appropriately registered online service providers from potential secondary liability for the infringing acts of others. Ironically, in...more

Intellectual Property and Technology News (Asia Pacific) December 2017

by DLA Piper on

Intellectual Property and Technology News (Asia Pacific) is our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering perspectives, analysis and visionary...more

Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law....more

In Wake of Equifax Breach, Squatters Appear and Are Vanquished

On September 7, Equifax Inc. announced the cyber security breach that could potentially impact 100 million U.S. consumers. In addition to Equifax’s main website, Equifax.com, the company set up a dedicated website —...more

Senators and court complain of ‘anti-competitive’ transfer of patent rights to American Indian tribe

We have previously discussed antitrust implications of pharmaceutical companies’ efforts to maximize patent protection for their drugs. Consumers and generic drug makers, for instance, have alleged antitrust violations based...more

Building a Health App? What You Need to Know

Last week, Apple announced the new Apple Watch Series 3 which will feature an enhanced heart rate app. The app will notify you when it detects an elevated heart rate even when you are not working out. The sensor will also be...more

Worried About Fake News? You Should Really Worry About Fake Drugs

by Womble Bond Dickinson on

While the concept of “fake news” continues to trigger Twitter followers and grab headlines, the trade in counterfeit drugs is a worldwide problem of significant scale. This article discusses the problem and talks about some...more

Retail and Consumer Products Law Roundup - August 2017

Data Breach Lawsuits Continue to Fill the Courts - Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against...more

Third Circuit Holds No Sham Litigation or Unlawful Reverse Payment in Wellbutrin XL Litigation

The Third Circuit recently affirmed the grant of summary judgment to GlaxoSmithKline (“GSK”) in the nearly 10-year-old Wellbutrin XL Antitrust Litigation, which challenged the lawfulness of settlement agreements resolving...more

Advertising Law - July 2017 #4

‘World’s Best’ Is Puffery, Not Objectively Provable Claim - The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser...more

Rx IP Update - July 2017

by Smart & Biggar on

Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful - As previously reported, on June 30, 2017, the Supreme Court of Canada granted AstraZeneca’s appeal in the NEXIUM...more

May 2017: Trademark & Copyright Litigation Update

Ninth Circuit Weighs in on Copyright Protectability of Downloads and Software Output. Copyright practitioners concerned about software, electronic data, and computer protection have long debated two questions (among many,...more

Advertising Law - April 2017 #3

Amazon, FTC Reach Deal Over In-App Charges - Amazon and the Federal Trade Commission have agreed to drop their appeals in a lawsuit accusing the online retailer of billing consumers for unauthorized in-app charges incurred...more

Trump Meets Xi: Will They Talk Cybersecurity?

President Trump has repeatedly claimed that his predecessor was weak on China. But at least with respect to cybersecurity, the facts don’t support that charge. In 2015, “following all-night negotiations,” Robert Silvers...more

UK Government Launches National Cyber Security Centre

by King & Spalding on

On Tuesday, February 14, 2017, the United Kingdom officially opened its National Cyber Security Centre (“NCSC”). The NCSC, which got off the ground starting last October, will be part of the Government Communications...more

Updated Antitrust Guidelines for IP Licensing Address New Laws, Omit Some Key Areas

by Perkins Coie on

In 1995, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) published guidelines that delineated how and when the Agencies would evaluate intellectual property licensing...more

Obama Administration Antitrust Enforcers Take Last-Minute IP Licensing Actions

by Holland & Knight LLP on

As the Obama Administration drew to a close, its antitrust enforcers took two actions of note for those involved in intellectual property (IP) licensing. The first, the joint release by the U.S. Department of Justice (DOJ)...more

Social Links: Will a fan-made Star Trek prequel live long and prosper?; California bans driving while Snapchatting; apps that...

A federal district court judge refused to grant summary judgment to the copyright owners of the Star Trek franchise in the infringement suit they brought against the team behind a fan-made, crowdfunded prequel to the original...more

United States And Switzerland Reach Data Transfer Agreement

by King & Spalding on

On January 11, 2017, the governments of the United States and Switzerland announced that an agreement had been reached over a Privacy Shield Framework (“Privacy Shield”) that sets out how companies may transfer personal data...more

UK’s Digital Economy Bill: Effectiveness of Age Verification and Copyright Measures Questioned

by Morrison & Foerster LLP on

After its announcement in May 2016, the multi-faceted UK Digital Economy Bill (‘Bill’) has progressed through Parliament and has recently been considered by MPs at the Public Bill Committee stage, during which various...more

Six Ways U.S. Joint Strategic Plan on IP Enforcement Impacts Public Health and Safety

by Faegre Baker Daniels on

On December 12, 2016, the Office of the U.S. Intellectual Property Enforcement Coordinator (IPEC) in the Executive Office of the President issued a much-awaited interagency plan on intellectual property (IP) enforcement. The...more

New DMCA Exemption Allows Consumers to Hack Their Own Vehicles

by White & Case LLP on

White & Case Technology Newsflash In a world in which we will soon see fully-autonomous, self-driving vehicles on the road, the Digital Millennium Copyright Act ("DMCA") appears to have taken at least one major step towards...more

Insurance Recovery Law - November 2016

Asbestos Injury Continuous, Delaware Supreme Court Rules - Why it matters - In the latest ruling in the long running asbestos litigation involving pump manufacturers in Delaware, the state's highest court declared,...more

Dynamic IP Addresses May Qualify as Personal Data

by Morgan Lewis on

In a key decision, the European Court of Justice has ruled that dynamic IP addresses may qualify as personal data in certain circumstances—ending years of uncertainty about whether such fundamental building blocks of the...more

FDA (Finally!) Issues New Regulations to Clarify Pharmaceutical Patent Litigation: How to Use Patent “Use Codes”

by Morrison & Foerster LLP on

On October 6, 2016, the FDA issued a final rule implementing certain provisions of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) governing the approval of generic drugs, including...more

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