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3 Sep 2019, 9:36 am by Florian Mueller
This is the second follow-up to the publication of Qualcomm's Ninth Circuit opening appellate brief in the FTC antitrust case, and a direct follow-up to the post on Qualcomm's argument against an antitrust duty to deal to extend exhaustive standard-essential patent (SEP) licenses to rival chipset makers.For a recap, Qualcomm's opening briefsays Judge Lucy H. [read post]
1 Sep 2019, 5:38 am by Katie Bart
Different in our approach to legal texts, but one in our reference for the institution we serve and for the United States Constitution. [read post]
30 Aug 2019, 6:41 am by Florian Mueller
Frank-Erich Hufnagel argued that any concerns in Germany over the United States (as a jurisdiction) violating international law through the grant of antisuit injunctions would have to be addressed at the diplomatic level, with the Federal Republic of Germany, represented by its government, holding talks with the United States. [read post]
29 Aug 2019, 8:34 pm by David Oscar Markus
We hold (and clarify) today that the Sentencing Guidelines permit use of hearsay testimony so long as the overall record provides “sufficient indicia of reliability”—and we conclude that the indicia of reliability here are sufficient.Next up is United States v. [read post]
29 Aug 2019, 8:29 am by Florian Mueller
To the extent that a couple of other defendants to foreign patent infringement cases had obtained antisuit injunctions in the Ninth Circuit, the enjoining action had been filed before (Microsoft v. [read post]
29 Aug 2019, 2:59 am by Walter Olson
” New Jersey is the last state without a law legalizing at least some cottage food sales [Amelia Nierenberg, New York Times] Reversing district court, Fifth Circuit panel upholds Indian Child Welfare Act against constitutional objections; dissent by Judge Owen finds a commandeering problem [Brackeen v. [read post]
29 Aug 2019, 2:02 am by Ben
The DoJ's  amicus brief goes on to claim that the Ninth Circuit was wrong to overturn the finding of the lower court which stated the compared compositions to not be sufficiently similar for copyright infringement. [read post]
28 Aug 2019, 10:51 pm by Florian Mueller
" That is, quite obviously, the reason for which Avanci's first transfer motion, prior to the one that is pending now, tried to at least move the case up north to San Francisco--before it had even been formally assigned to Judge Koh.Among the other relevant cases that Continental lists are some that Judge Koh presided over, with her decision on the smallest salable patent-practicing unit in GPNE Corp. v. [read post]
27 Aug 2019, 8:53 am by Cindy Cohn
Background: EFF Successfully Challenges Limitations on Exporting Encryption EFF's landmark legal victory in Bernstein v. the United States greatly reduced the burdens and barriers to exporting open source encryption software, including export through publication on the Internet. [read post]
26 Aug 2019, 4:17 pm by Amy Howe
District Judge Jon Tigar blocked the government from enforcing the interim rule anywhere in the United States, reasoning that the rule “is likely invalid because it is inconsistent with the existing asylum laws. [read post]
26 Aug 2019, 9:22 am by Rebecca Tushnet
” Stouffer declined, and National Geographic ended up airing the series in 2012 under the title “Untamed Americas” within the United States, and “Wild America” outside of the United States. [read post]
25 Aug 2019, 10:53 am by Kevin LaCroix
In July, the Seventh Circuit issued a unanimous opinion in the case of Emmis Communications Corp. v. [read post]
24 Aug 2019, 3:19 pm by Hilary Hurd
Strawbridge punts the question and suggests that the court follow the model of United States v. [read post]
23 Aug 2019, 8:54 am by Jonathan Shaub
Circuit or Supreme Court on the immunity doctrine, unlike the previous district court opinion, would establish new, precedential constitutional law and could radically alter the oversight landscape in future administrations. [read post]