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18 Feb 2022, 10:45 pm by Florian Mueller
One day after the United States International Trade Commission ("USITC" or just "ITC") instituted three investigations further to Ericsson v. [read post]
27 Jan 2022, 2:22 pm by Florian Mueller
The states make fairly similar arguments (interestingly also citing to NCAA v Alston a few times), but that's still helpful.A submission by Microsoft is perfectly complementary to the other filings because it shows that even another "Big Tech" company is profoundly concerned over, and negatively impacted by, Apple's conduct--and because of the arguments Microsoft's very well-crafted brief makes (this post continues below the… [read post]
25 Jan 2022, 2:08 am by Florian Mueller
That fair use JMOL is grossly consistent with the entire body of fair use case law in the United States concerning transformative use and the impact of a derivative work on the original creator. [read post]
21 Jan 2022, 3:26 am by Florian Mueller
Apple App Store antitrust case, Epic Games filed its opening brief with the United States Court of Appeals for the Ninth Circuit yesterday. [read post]
18 Jan 2022, 10:53 pm by Florian Mueller
This is a monumental patent dispute (that has all the ingredients for further escalation), so litigation watchers like me have to put the mosaic together step by step.This is the current landscape of Ericsson-Apple cases pending in the United States, just so we have a forest here and not just a lot of trees:FRAND actionsEricsson v. [read post]
16 Dec 2021, 12:00 pm by Emily Dai
The United States and Canada do not typically pay ransoms. [read post]
15 Dec 2021, 8:31 pm by Anthony Zaller
” Therefore, Viking petitioned the United States Supreme Court to review the case, arguing that Iskanian is preempted by federal law and the U.S. [read post]
18 Nov 2021, 8:37 pm by Florian Mueller
Either way, the South Korean bill doesn't help developers or consumers in the slightest as things stand.The South Korean parliament needs to amend its bill or Google will be laughing all the way to the bank.And there's a geopolitical issue here: South Korea is somewhat dependent on the United States (not just for military reasons). [read post]
4 Nov 2021, 5:37 am by Eugene Volokh
And litigation of course deploys the coercive power of the state, even as it also accomplishes private goals. [read post]
2 Nov 2021, 12:27 pm by Eugene Volokh
This article is mostly about federal courts, because reviewing just what they do is daunting enough; but I occasionally cite relevant state cases, since many state courts seem to take an approach similar to that of the federal courts. [read post]