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The manufacturer/customer privity hurdle in patent infringement suits can be overcome by application of the <i>Kessler</i> doctrine. This article explains.
Features
Last month, we published an article discussing the patent application foreign filing license requirements for various countries, including the United States. As the issue went to press, the Director of the U.S. Patent and Trademark Office ("USPTO") issued a Federal Register Notice warning patent applicants that the exportation of information relating to technologies developed in the United States to foreign countries for purposes of preparing patent applications to be filed in the United States is subject to clearance review by the Bureau of Industry and Security ("BIS") of the U.S. Department of Commerce. Here is the update.
FCC Orders Comcast to Cease Blocking Large Files<br>The Inexact Science Behind DMCA Takedown Notices
Features
Social-networking sites such as MySpace and Facebook are dropping the legal hammer on spammers. The question is: Can they really nail the elusive disturbers of Internet peace?
For all their hype, social-networking Web sites are just glorified directories ' the 21st-Century version of the phone book or the legal directory. But unlike their forebearers, these directories give you far more control, helping you tailor your listing and manage your network in ways no traditional directory ever could. Some people question the value of professional networking sites, given that a critical mass has yet to join them. But to my mind, avoiding social networking until it becomes widespread makes no more sense than waiting to launch a blog until everyone else has one. Would you rather lead the pack or trail behind it?
Features
There can be little doubt in today's world that the Internet offers new ways to do old things. We can now work more efficiently, conduct financial business, enjoy recreational reading, socialize and perform a host of other tasks ' all online. Yet, this same Internet has provided an almost unguarded playground to allow thieves and other criminals to develop and unleash sophisticated scams and frauds on unsuspecting users.
Features
Online Promo Music Resales Fall under First Sale Doctrine<br>Unadorned Digital Car Models in Web Ads Not 'Real' For Copyright<br>Reseller Who Bought Ads with Trademark Not under First Sale Doctrine<br>Subpoena Seeking ISP Subscriber Billing Data Deemed Overbroad
For this year's second quarter, preliminary estimated e-commerce spending was 3.3% of total estimated retail spending of $1.034 trillion. In a likely reflection of a recently slowing economy, that percentage of e-commerce of all sales was the same for the third consecutive quarter ' something that's happened only once, in 2001, when the percentage of e-commerce sales was 1.1% for the first through third quarters.
Features
Failure to follow the purpose and logic of precedent risks irrational outcomes and unjust results. These risks are apparent in recent efforts to apply a "future benefits" rule in cases alleging bad faith by commercial insurers.
