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29 Jun 2016, 6:13 am by Barry Sookman
Under Canadian law a person can be liable for secondary infringement either by selling a device which has no substantial non-infringing uses or by selling a device and inducing the buyer to use it for an infringing purpose. [read post]
13 May 2016, 12:45 pm by Joshua A. Stein and Stephen A. Strobach
However, a recent settlement between Netflix Inc. and the American Council of the Blind and Bay State Council of the Blind took a somewhat different approach. [read post]
12 May 2016, 6:14 pm by Jason Rantanen
For example, it fails to exclude a section 289 recovery where a design patented graphical user interface (GUI) is used in an electronic device which does not involve a separately sold product. [read post]
6 May 2016, 12:30 pm
Hamilton, 372 S.W.3d 140, 157, 159 (Tex. 2012) (citing §6; also citing comment b).We also note that a Texas appellate court has emphatically rejected an analogous argument that the learned intermediary rule shouldn’t apply to medical devices. [read post]
8 Mar 2016, 5:00 am
Hustler Magazine, Inc., 465 U.S. 770 (1984), another hornbook personal jurisdiction case. [read post]
27 Jan 2016, 8:12 am
”The court employed an interesting analogy with lawn mowers. [read post]
20 Jan 2016, 10:04 pm by Denis Stearns
Specifically, the court wrote: “In both cases, the courts held that an article or device is not subject to jurisdiction of the Act where the only components shipped in interstate commerce were either a minor ingredient of the final product or several commonly used components which lost their identity within the newly manufacture device. [read post]
5 Nov 2015, 12:25 pm by Brian Hall
., Inc., the NLRB’s General Counsel’s Office issued an Advice Memorandum yesterday (dated October 15, 2015) in which it stated that an employer did not violate Section 8(a)(5) of the National Labor Relations Act by failing to bargain with union before installing a GPS device on an employee’s truck. [read post]
28 Sep 2015, 6:00 am by David Kris
Today, for reasons both technological and political, there is an increasing divergence and growing conflict between U.S. and foreign laws that compel, and prohibit, production of data in response to governmental surveillance directives.[1][2]  Major U.S. telecommunications and Internet providers[3] face escalating pressure from foreign governments, asserting foreign law, to require production of data stored by the providers in the United States, in ways that violate U.S. law.[4]  At the… [read post]