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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]
10 Dec 2023, 9:17 am by Eric Goldman
Though it’s just a variation on the amplification argument, the “Amazon Choice” discussion appeared novel. [read post]
1 Dec 2023, 10:14 am by Robin Happel
Introduction In recent years, states across the U.S. have threatened to cut ties with banks and asset managers that incorporate Environmental, Social, and Governance (ESG) screening into their accounting, or otherwise screen for climate risk. [read post]
29 Nov 2023, 9:01 pm by renholding
This trend is likely reflective of the more aggressive settlement demands made by this administration, which make settlement less likely, as well as the focus on crypto cases, which tend to litigate more often given the novel issues involved and the existential nature of some cases, the latter of which often makes settlement impossible. [read post]
29 Nov 2023, 12:44 pm by NARF
Harrah's NC Casino Company, LLC and Caesars Entertainment, Inc. [read post]
29 Nov 2023, 8:41 am by Dennis Crouch
The Federal Circuit rejected this argument based on dicta in Thryv, Inc. v. [read post]