Limited Exclusion Orders at the ITC
The United States International Trade Commission (ITC) has the authority to stop unfair trade practices, including the importation of products found to infringe a valid U.S. patent. But does that authority automatically extend to downstream products incorporating a relatively insignificant infringing component ' such as an automobile that happens to include an infringing light-emitting diode? And is the ITC required to balance the parties' interests and consider factors such as the value of an infringing component compared to the overall value of the imported downstream product?
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<b><i>Online Extra</b></i>White House Offers Incentives for Cybersecurity Program
President Barack Obama's administration has drafted a potential recipe for sweetening its voluntary corporate cybersecurity program. The program is under development at the White House and is aimed at utility companies and other businesses that are key to U.S. infrastructure.
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Accidental Access, 'Catfishing' and Unsecured Wi-Fi
This article discusses several contemporary privacy issues, including: whether accidental access to another's e-mail account constitutes unauthorized computer access; whether the use of a fictitious online identity can lead to civil liability; and whether the account holder of an unsecured home Wi-Fi network can be found liable for infringing activities by third parties using the network.
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What You Need to Protect Your Brand In A New gTLD World
In order to deal with an expanding Internet, brand owners need to understand how to use a variety of tools to handle the different brand protection and legal challenges that will be presented. For brand owners looking at the New gTLD space, formulating a trademark protection strategy should be viewed as an important tool on an entire tool belt of protection strategies that together can be used as a comprehensive plan.
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Making Bitcoins Legit
It may be a while before Kathleen Moriarty lets clients pay her in bitcoin, but the Katten Muchin Rosenman partner is doing her part to help legitimize the digital currency derided as speculative and risky by some prominent economists.
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Franchise Compliance
Every franchise system chief executive encounters situations in which a franchisee has a good reason for not complying with a rule, or in which the infraction is fairly minor. But how can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?
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Joint Defense Agreement Considerations in NPE Patent Litigation
Accused infringers in patent litigation, especially against non-practicing entities (NPEs), often form joint defense groups to defend against common claims brought in one or more actions. A written agreement of the joint defense group can make plain the respective rights and obligations of each group member and evidence to the court a requisite alignment of common interest underpinning the group. The following is a selection of relevant considerations to support productive group interaction through appropriate provision in the joint defense agreement.
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e-Mail Signature Ruled Valid To Enforce Settlement
Signing an e-mail attesting to the substance of a negotiated agreement with the typed name of the sender constitutes a binding and enforceable stipulation of the settlement under CPLR 2104, a New York state appeals panel ruled.
Features
<b><i>Online Extra</b></i> Court Approves Facebook Class Settlement, Shaves Attorney Fees
In a long-awaited conclusion to Facebook's "Sponsored Stories" class action saga, a federal judge gave final approval to a $20 million settlement on August 26 but took an axe to the $7.5 million in fees requested by plaintiffs attorneys.
Features
<b><i>Online Extra</b></i> Sirius XM Sued Over Pre-1972 Royalties
Music copyright lawyers: Don't touch that dial. Nonprofit SoundExchange Inc., which collects and distributes digital performance royalties and distributes them to artists and copyright owners, filed a lawsuit on Aug. 26 accusing Sirius XM Radio Inc. of underpaying.
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