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Franchise Litigation in China: Are You Ready? Image

Franchise Litigation in China: Are You Ready?

ALM Staff & Law Journal Newsletters

Despite the fact that China has a civil law system that does not use cases as precedents, the cases can be very helpful in interpreting franchise regulations and developing an understanding of Chinese law.

Federal Judge Calls Request for $75 Trillion in Damages in Lime Wire Case 'Absurd' Image

Federal Judge Calls Request for $75 Trillion in Damages in Lime Wire Case 'Absurd'

Victor Li

Does $75 trillion even exist? The 13 record companies that are suing file-sharing company Lime Wire for copyright infringement certainly thought so. When they won a summary judgment ruling last May, they demanded damages that could reach this mind-boggling amount, which is more than five times the national debt. Manhattan federal district court judge Kimba Wood, however, saw things differently. She labeled the record companies' damages request "absurd" and contrary to copyright laws.

Features

Making Your Case with Social Media In Litigation Image

Making Your Case with Social Media In Litigation

Leita Walker & Joel Schroeder

Social media has come crashing into the courtroom. And along with this newer form of evidence come questions about how to best collect, preserve and use it.

Features

Grabbing Customers' Copyrights Image

Grabbing Customers' Copyrights

Robert W. Clarida & Robert J. Bernstein

What's at issue is control, obviously, and the great lengths to which some will go to maintain, it even as they benefit from the wide-open, free-flowing viral information torrent of the Internet. These copyright acquisitions are not primarily motivated by the desire to exploit the works and make money, but rather by the desire to stop the public circulation of texts and images the new owners do not like.

Features

Ninth Circuit Vacates Injunction In Advertising Keywords Case Image

Ninth Circuit Vacates Injunction In Advertising Keywords Case

Alison Frankel

Remember U.S. Supreme Court justice Potter Stewart's famous line about hardcore pornography? Stewart said it was tough to define, "but I know it when I see it." The quip came to mind after a ruling last month by the U.S Court of Appeals for the Ninth Circuit in a trademark infringement case involving Internet advertising keywords. In essence, the Ninth Circuit concluded that there's no strict standard for determining infringement in the Internet age, so judges have to know it when they see it.

Features

New Net-Use Tracking Tactics Capture Privacy Claims Image

New Net-Use Tracking Tactics Capture Privacy Claims

Jonathan Bick & Elan Raffel

The use of new technology makes peoples' efforts to keep Internet behavior private more difficult, has given rise to renewed claims from consumers of unlawful intrusiveness by Internet data-collectors, and has revived the argument that such behavior unlawfully violates privacy expectations.

April issue in PDF format Image

April issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

IP News Image

IP News

Jeffrey S. Ginsberg & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

Features

Downstream Liability in Trade Secret Litigation After Silvaco Image

Downstream Liability in Trade Secret Litigation After Silvaco

Corina I. Cacovean

Last year, for the first time, the issue of downstream liability surfaced in the law of trade secret misappropriation. In 2010, a California appellate court held in <i>Silvaco Data Sys. v. Intel Corp.</i> that a software licensee did not know or acquire the secret source code the manufacturer used to make the product and, as a matter of law, it could not be liable for trade secret misappropriation.

Centocor v. Abbott Labs: Must You Only Preach What You Practice? Image

Centocor v. Abbott Labs: Must You Only Preach What You Practice?

Irah Donner, Matthew Siegal & Clayton McCraw

The Federal Circuit's decision on Feb. 23, 2011 in <i>Centocor Ortho Biotech., Inc. v. Abbott Labs.</i>, vacated a $1.67 billion verdict based on invalidity for insufficient written description. The case provides an example of when technology can be so complicated or unpredictable that the specification does not adequately explain how to practice the claimed invention.

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