Hyundai Motor America v. National Union
August 26, 2010
Defendants in patent infringement actions have new reason to scrutinize their Commercial General Liability insurance policies. On April 5, 2010, the Court of Appeals for the Ninth Circuit held that allegations of patent infringement involving a method of advertising constitute "advertising injury," triggering an insurer's duty to defend a patent infringement suit.
A Long Voyage from the Runway to the Beltway
August 26, 2010
The Innovative Design Protection and Piracy Protection Act ("IDPPA" or S. 3728) was introduced in the Senate on Aug. 5, 2010 by Sen. Charles Schumer. The bill proposes to extend copyright protection to unique fashion designs by amending Chapter 13 of U.S. Code Title 17 (the Vessel Hull Design Protection Act of 1998).
Recent Judicial Decisions on Specific Causation
August 25, 2010
This article highlights three recent court decisions rejecting plaintiff's efforts at establishing specific causation as a matter of law. These decisions confirm that speculative specific causation evidence is inadmissible.
Practice Tip: Playing Poker with Experts
August 25, 2010
What happens if, after you file that long-anticipated <i>Daubert/Kumho</i> motion, plaintiff's counsel files a motion to withdraw the original expert and to substitute a new one with superior qualifications and a much stronger theory of liability?
The Assault on Traditional Long-Arm Jurisdiction Continues
August 25, 2010
A review of <i>Nicastro v. J. McIntyre Machinery America, Ltd.</i>, in which the Supreme Court of New Jersey ruled in that a plaintiff could bring a product liability action in a New Jersey state court against an England-based product manufacturer under what is termed the stream-of-commerce theory of personal jurisdiction.
Recent Rulings Highlight Software Licensing Disputes
August 20, 2010
This article discusses software licenses generally, the availability of copyright and contract claims in the event of a breach, and other areas of disagreement that may arise in a software-licensing dispute.
Unconstitutional Burdens
August 20, 2010
Record-breaking budget shortfalls have caused states to search outside the box for revenue-raising tools that many argue are unconstitutional and violate the consumer privacy that online shoppers have come to expect. Today, with so much of retail activity conducted over the Internet, states are struggling with revenue losses stemming from this constitutional restriction. States are reacting by becoming ever more creative in their attempts to capture this lost revenue by adopting new laws aimed at circumventing the Commerce Clause restrictions.
Getting Users to Adopt New Productivity Tools
July 29, 2010
Getting people to adopt productivity-enhancing technology tools requires a thoughtful, meticulous approach. It's not just a matter of installing a tool on everyone's desktop and then hoping for the best.
The DMCA Safe Harbor Provision Is Stronger Than Ever
July 29, 2010
Even as the economy continues to slowly recover from this recession, online sales are still booming, accounting for more than $200 billion over the past year. As the marketplace shifts from the sales counter to the desktop, counterfeiting and software piracy have also shifted to the virtual world. For copyright and trademark owners, this creates a constant stream of newly evolved infringing activities to monitor.
<b><i>Commentary:</b></i> Comparing Collective Licensing Proposals For Internet Licensing of Copyrighted Content
July 29, 2010
Advances in digital distribution technologies and widespread use of the Internet have moved media distribution technology out of the control of rights holders and distributors, and directly into the hands of consumers or creative members of the general public. To address how U.S. copyright law should apply to new business models that take advantage of these technologies, some have proposed collective rights licensing at the Internet service provider (ISP) level.
