IP News
Federal Circuit Focuses on Burdens Of Proof in Travatan Z' Case <br>History of Patent Litigation May Establish Justiciable Controversy<br>Federal Circuit Holds a Reexamined Patent is 'Same Patent' as Original For Claim Preclusion
The Diminishing Value of Depreciation Defenses
The amount of a first-party insurance claim may be subject to varying valuation approaches, often depending upon whether the policyholder repairs or replaces the damaged property, and the range of valuation options will be established by the policy language,
Features
What Should the Filing Time Be for Common Law Copyright Infringement Suits?
Rights in pre-Feb. 15, 1972, sound recordings ' which are protected by state law, rather than federal copyright law ' are hotly litigated in the digital music era. On April 17, for example, major record labels sued the music-streaming service Pandora in New York Supreme Court in Manhattan. The suit alleges common-law copyright infringement and unfair competition from Pandora's use of pre-1972 recordings.
Columns & Departments
Cameo Clips
Actor's Agreement Gave Merchandising Rights to Production Company<br>E-Book of English Translation of Novel Isn't Derivate Work
Features
War College Curriculum for Defense Counsel
If your company or client is the target of such a frivolous claim, there is a growing body of law that offers effective offensive strategies.
Columns & Departments
Case Briefs
In-depth analysis of key rulings.
Features
The Debate About Actors' Ownership of Film Roles
The April issue of <i>Entertainment Law & Finance</i> reported on a ruling by the U.S. Court of Appeals for the Ninth Circuit involving the Internet video <i> Innocence of Muslims.</i> That article discussed the court's "secret" takedown order and the court's view on copyright ownership of acting roles in movies. The article that follows provides further analysis of the copyright ownership issue in the case.
Features
Are We All Computer Felons?
The Computer Fraud and Abuse Act (CFAA) has come under recent scrutiny due to its use against unsuspecting individuals who may not be the malicious hackers that the Act was originally meant to address.
Using Extraterritorial Cyber Subpoenas To Obtain Evidence
Although the reach of the federal government is impressive, all 50 states have had for some time a powerful weapon in the form of the Uniform Act to Secure the Attendance of Witnesses from Without the State (Uniform Act). Originally enacted in New York in 1936, it is used today to facilitate the issuance of extraterritorial or "cyber subpoenas," with nationwide reach.
At the Intersection: Dispatch to Managing Partners
Are the predicted trends <i>really</i> trending?
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