The Court of Appeals for the Federal Circuit, in a case of first impression, ruled that when the patent at issue is a standard essential patent (SEP) and its owner is subject to an obligation to license that patent on reasonable and non-discriminatory (RAND) terms, the jury instructions must discuss the specific obligations of that patentee and not RAND commitments in general.
- December 31, 2014Matthew Siegal and Adam Sapper
Recently at the U.S. Court of Appeals for the Second Circuit, a lower court ruling that Google Books' digital library isn't copyright infringement came under attack.
December 31, 2014Mark HamblettAs a result of the decrease in spending during the Recession, there is considerable cash sitting on the sidelines. Yet every year, there has been uncertainty hovering over the markets, preventing prudent companies from opening the cash spigot. So how does it look for 2015?
December 31, 2014Carl N. BoccutiCookies are either a benign method for furnishing Internet users with relevant advertising or they are the foundation of a pernicious invasion of privacy, lawyers argued in front of the Third Circuit last month.
December 31, 2014Saranac Hale SpencerIf your business is like many retail-driven franchises, you have unwanted inventory hogging valuable storage space and putting a drag on your bottom line. The good news is, there is a way to turn that outdated stock into a hefty asset. One that doesn't involve profit-devouring discounts or liquidation hassles. It's called product philanthropy. And for franchises that hold C Corporation status, it's one of the best kept secrets of the IRS tax code.
December 31, 2014Gary C. SmithThe U.S. Supreme Court on Dec. 8 scratched the surface of the looming battle over state taxation of Internet retailers and seemed troubled by what it saw.
December 31, 2014Tony MauroConsolidation is one of several ongoing battlefields in the development of arbitration in America. Consolidating arbitrations among different parties can reduce costs, enhance efficiency and avoid inconsistent decisions. In practice, however, attempts to consolidate arbitrations without the consent of affected parties has resulted in costly litigation, long delays, and legal uncertainties that undermine the benefits of arbitration.
December 31, 2014Abraham D. SofaerIn a recent case, two large law firms and a major corporation failed to scrutinize a UCC-3 termination statement and may have inadvertently allowed $1.5 billion in indebtedness to become unsecured.
December 31, 2014Christopher M. WinterFormer Blue Notes Member Loses Suit Over DVD of Soul Train Performances
"Whoomp!' Song Rights Go To Alvert Music.December 24, 2014Stan SoocherThe movie industry was already having a bad week with the Sony hacking and then the fallout between North Korea and Hollywood over 'The Interview.' Now Kent Walker, Google Inc. senior vice president and general counsel,'has spoke out against the Motion Picture Association of America'in a blog post on Dec. 18. He says he is 'deeply concerned' about reports the MPAA has led a secret campaign to revive failed Stop Online Piracy Act (SOPA) legislation. '
December 24, 2014Marlisse Silver Sweeney

