In 2012, DISH Network announced two novel product offerings that would result in considerable backlash from the four major broadcast television networks and set in motion a three-year, wide-ranging, multi-front battle with the networks. As the dust now begins to settle, the copyright litigation has resulted in important precedents that will help define the boundaries under the Copyright Act for the multi-channel programming distribution industry.
- February 28, 2015J. Alexander Lawrence
The Federal Circuit has long maintained that it is entitled to review a claim construction decision de novo, without deference to the district court. Over the years, this approach has led to a notably high reversal rate of district court claim construction decisions. This "two bites at the apple" approach remained controversial, and on Jan. 20, 2015, the Supreme Court rejected this blanket policy of de novo review in favor of a hybrid approach.
February 28, 2015Nancy ZhangLast month, the Obama Administration's Fiscal Year 2016 Budget was published, along with the Department of Treasury's Greenbook, a detailed explanation of the President's proposed budget. Because the proposed legislation must pass a Republican led Congress, the President's budget may be "aspirational." It is a good indicator of the tools the Administration is prepared to use to fund its wish list.
February 28, 2015Lawrence L. BellChances are you don't need to be convinced of the merits of learning to program or, in the parlance of today's startup culture, learning "to code." You already understand not only the professional opportunities it opens but also how it empowers you to solve your own problems. As software disrupts industry after industry, the winners will be either those writing the code or those who understand enough about coding to organize others to do it.
February 28, 2015Dan LearAn anonymous pro se defendant has beaten copyright infringement claims brought against him in federal court by a maker of pornographic videos. The defendant's victory runs counter to the result in a similar case in front of a different Eastern District judge.
February 28, 2015Saranac Hale SpencerNoise complaints have long been an occupational hazard for venue operators, musicians and concert promoters. The surge in the electronic dance music scene has added to the number of complaints. What might be enjoyable entertainment to one person may sound like a thunderous racket to another.
February 28, 2015Jay StapletonToday's law firms face unprecedented challenges in a highly competitive and rapidly evolving marketplace. Corporate clients, under intense pressure to cut costs and increase efficiency within their own organizations, are no longer willing to simply pay an hourly rate for services rendered in good faith. They are unapologetic in demanding increased accountability and demonstrable value from the legal teams who represent them.
February 28, 2015Karin S. Jenson and Clare FoleyAlthough law firms have managed to remain off the list of the year's biggest data breach victims, firms watching cybersecurity trends most closely are feeling increasingly uneasy about their own security posture.
February 28, 2015Jason StraightCompanies have begun to experience attempts to breach their databases on a frequent basis, and have had to become hypervigilant about protecting their networks against hackers. But once every couple of months, the bad guys get through the defense systems in a big and highly publicized way, showcasing data disaster for company and customers. This was the case in early February when Anthem Inc., the second-largest health insurance company in the U.S., announced it had been hacked.
February 28, 2015Rebekah MintzerTo begin, the semiconductor industry is, of course, enormous. The World Semiconductor Trade Statistics (WSTS) released its end-of-year market indicators, showing a solid growth of 9% to over US $333 billion in sales for 2014 over 2013, driven mainly by double-digit growth in the memory products category.
February 28, 2015Gary Atkins

