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25 Jan 2024, 2:51 pm by Kevin LaCroix
Accordingly, as 2024 gets underway, we take this opportunity to discuss several decisions from the past twelve months, which deal with important issues, both novel and perennial, related to Section 533’s scope. [read post]
25 Jan 2024, 6:32 am by Daniel J. Gilman
Tanking the Illumina/Grail merger seemed the wrong one, although it’s worth noting that the FTC’s case was based on an established theory of harm and did not depend on anything terribly novel from, e.g., the new merger guidelines or the FTC’s expansive (if not downright fanciful) Section 5 statement. [read post]
11 Jan 2024, 2:58 pm by Guest Author
 Instead, these companies propound a novel and sweeping theory of the First Amendment that conflicts with Supreme Court precedent. [read post]
9 Jan 2024, 8:24 am by Eric Goldman
These moves enable the court to treat this case as jurisprudentially novel when it really is not–and, in turn, reach an outcome that obviously conflicts with the precedent. [read post]
8 Jan 2024, 5:06 pm by Jon L. Gelman
Co., Inc., 790 A. 2d 884 - NJ: Supreme Court 2002, and Van Dunk v. [read post]
2 Jan 2024, 9:34 am by Lyle Roberts
Biogen, Inc., 84 F.4th 1 (1st Cir. 2023), the court considered this question in a case involving a drug study and the FDA approval process. [read post]
22 Dec 2023, 6:00 am by Michelle
When Apple Inc. was preparing to introduce its Apple Pay feature on the iPhone in 2014, Visa Inc. and Mastercard Inc. worried it would drive down the “lucrative” fees they charge merchants who use their point-of-sale transaction payment networks, but instead of competing, Apple and the credit card companies reached a mutually beneficial anti-competitive agreement, according to the complaint filed by Mirage Wine & Spirits Inc. . . . [read post]
15 Dec 2023, 8:26 am by Rebecca Tushnet
Texas Instruments, Inc., No. 6:12-CV-499, 2014 WL 11848751, (E.D. [read post]
11 Dec 2023, 11:44 am by Dennis Crouch
As we explained in our initial Comments, U.S. courts have addressed the legality of non-expressive uses of copyrighted works in the context of other copy-reliant technologies, including software reverse engineering,[2] plagiarism detection software,[3] and the digitization of millions of library books to enable meta-analysis, text data mining, and search engine indexing.[4] Authors Guild, Inc. v. [read post]
10 Dec 2023, 2:06 pm by Lloyd J. Jassin
Specifically, Chase-Riboud alleged that DreamWorks' script impermissibly copied "themes, dialogue, characters, relationships, plots, scenes and fictional inventions" from her 1989 historical novel, Echo of Lions.Although Spielberg's production company had flown Chase-Riboud to Los Angeles in 1988 to discuss optioning her novel, and there existed ample evidence of overlap between ideas and characters in the novel and the film, the court recognized that… [read post]
10 Dec 2023, 2:06 pm by Lloyd J. Jassin
Specifically, Chase-Riboud alleged that DreamWorks' script impermissibly copied "themes, dialogue, characters, relationships, plots, scenes and fictional inventions" from her 1989 historical novel, Echo of Lions.Although Spielberg's production company had flown Chase-Riboud to Los Angeles in 1988 to discuss optioning her novel, and there existed ample evidence of overlap between ideas and characters in the novel and the film, the court recognized that… [read post]