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11 Mar 2016, 11:42 am by Rebecca Tushnet
  Even a powerful standard-holder is often subject to competition that exists or could be introduced; the history of IT markets shows that dominant standard-holder often gives away at zero or below market royalties in order to grow the market/sell related services. [read post]
11 Mar 2016, 7:55 am by Rebecca Tushnet
Opening Remarks: Henry Smith—exploring the connections between private law and IP. [read post]
25 Feb 2016, 1:25 am by Jani Ihalainen
Roger Smith was preparing for the inevitable shut down of the InternetThe first question dealt with territorial competence, and whether the Court could rule in a worldwide capacity, especially against a US entity in Google Inc. [read post]
17 Feb 2016, 9:20 am by Dennis Crouch
Smith & Nephew, Inc., et al., No. 15-559 (Commil re-hash – if actions were “not objectively unreasonable” can they constitute inducement?) [read post]
14 Jan 2016, 5:10 pm by Trent Dykes
  Monitor 13D, F and G positions of top institutional holders, including their investment philosophy, exit horizon, historical cost basis, and any parallel trading activity. [read post]
28 Dec 2015, 2:51 am by Ben
In Europe, The Court of Justice of the European Union ruled that the consent of a copyright holder does not cover the distribution of an object incorporating a work where that object has been altered after its initial marketing to such an extent that it constitutes a new reproduction of that work (Case C‑419/13, Art & Allposters International BV v Stichting Pictoright) with Eleonora opining that the decision means that that there is no such thing as a general… [read post]
10 Dec 2015, 9:35 am by Nicholas Gebelt
In this Christmas season children are eagerly awaiting prepackaged presents. [read post]
8 Dec 2015, 2:41 pm by Amy Howe
Holder – no state or local government is currently required to obtain preclearance at all. [read post]
30 Nov 2015, 4:04 am by Peter Mahler
Ritter, and Caremark  An obligation to act in good faith has long been part of a corporate director’s duty under Delaware law, but the concept became ever more important following the landmark case of Smith v. [read post]
13 Oct 2015, 4:58 am by Andrew Woods
  This would not be unlike company policies in the wake of US v. [read post]
21 Sep 2015, 8:57 am by Venkat Balasubramani
At the same time, the court says “a copyright holder’s consideration of fair use need not be searching or intensive. [read post]
15 Sep 2015, 1:57 pm
  Under Rossi v MPAA (2004), the Ninth Circuit has adopted the position that a copyright holder need only form a subjective good faith belief that the use was not authorized. [read post]
6 Aug 2015, 11:05 pm by Amy Howe
” Ian Smith weighs in on Evenwel v. [read post]
17 Jul 2015, 11:05 am
In his 2012 Preface to these pages, Attorney General Eric Holder voiced a strong commitment to ensuring compliance with Brady and related discovery obligations, but all of the measures he mentions leave prosecutors in charge of deciding what evidence will be material to the defense — something they cannot possibly do, because they do not know all the potential avenues a defense lawyer may pursue, and because it’s not in their hearts to look for ways to help the other side. [read post]
26 Jun 2015, 12:00 pm by John Ehrett
Merrill Lynch, Pierce, Fenner & Smith, Inc. v. [read post]