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<B><I>Online Extra:</b></i> <b>Ninth Circuit Won't Rehear Prop 8 Case</b>

Ginny LaRoe

The order denying rehearing leaves in place the court's February 2-1 ruling striking down the ban on equal protection grounds. The majority said the voter-enacted initiative served no purpose other than 'to lessen the status and human dignity' of gays.

<B><I>Online Extra:</b></i> <b>First Circuit Strikes DOMA on Equal Protection Grounds</b>

Marcia Coyle

Setting the stage for a U.S. Supreme Court battle, a federal appellate court on May 31 held that the federal Defense of Marriage Act unconstitutionally denies federal benefits to same-sex couples who are legally married under state laws.

<B><I>Online Extra:</b></i> <b>First Circuit Strikes DOMA on Equal Protection Grounds</b>

Marcia Coyle

Setting the stage for a U.S. Supreme Court battle, a federal appellate court on May 31 held that the federal Defense of Marriage Act unconstitutionally denies federal benefits to same-sex couples who are legally married under state laws.

Features

<B><I>Online Exclusive:</b></i> <b>No Liability Found for Sending Texts to Driver Just Before Crash</b>

Mary Pat Gallagher

A person can't be sued for allegedly helping to cause an accident by texting a driver, a New Jersey judge holds in a widely watched case.

Features

NJ Online Gambling Measure Clears Assembly Panel

David Gialanella

Legislation to allow online gambling in New Jersey continues to make progress, despite concerns over its constitutionality.

Features

Jury Sides with Google on Oracle's Patent Claims

Ginny LaRoe

Google Inc. took home a defense verdict on May 23 in its smartphone fight with Oracle Corp. after a jury rejected all claims of patent infringement.

Features

Ninth Circuit CFAA Case May Draw High Court Review

Leonard Deutchman

In <i>United States v. Nosal</i>, the U.S. Court of Appeals for the Ninth Circuit, <i>en banc</i>, held that the prohibition against "exceed[ing] authorized access" to a computer under the CFAA does not apply when an employee has been granted access to the company computer infrastructure but uses that access, against company policy and the obvious interests of the company, to copy valuable, confidential information in order to take business from the company. For various reasons, articulated well in the dissent by Judge Barry Silverman (joined by only one other judge), the Ninth Circuit is wrong.

Features

Taxing Online Sales ' The 2012 Update

Marcelo Halpern, Amanda Weare & Lauren Matecki

As an update to our article in the June 2011 issue, this article highlights important case developments and new legal trends that have emerged with respect to the collection of state sales taxes by online retailers, as well as a general overview of online sales taxes and the constitutionality of click-through affiliate relationships.

Erratum

ALM Staff & Law Journal Newsletters

The Bit Parts item on <i>Troma Entertainment Inc. v. Centennial Pictures Inc.</i>, in the May issue should have reported that the U.S. District Court for the Eastern District of NY was the deciding court.

Bit Parts

Stan Soocher

Jazz Artist's Daughter Can't Pursue Conspiracy Claim over Music Royalties<br>S.D.CA's Key Points in "YMCA" Lyrics Assignment Termination Case

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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