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The Fourth Circuit Court of Appeals is gearing up to hear argument in BMG Rights Management v. Cox Communications, one of the first attempts by the music industry to hold an Internet Service Provider (ISP) liable for unauthorized peer-to-peer file sharing by its subscribers. The Fourth Circuit will be asked to decide two crucial questions of copyright law: 1) what kind of repeat infringer policy must a service provider implement to qualify for the safe harbor under the Digital Millennium Copyright Act (DMCA); and 2) can an ISP be held contributorily liable for its subscribers’ actions, notwithstanding that its service — providing access to the Internet — is capable of substantial non-infringing uses.
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By Jennifer Bush
Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.
By Nicole D. Galli
In modern times, trade secrets have long been considered mainly the province of employment lawyers dealing with more mundane issues such as customer relationships. Today, it seems trade secrets lawyers are multiplying like mushrooms after a rainstorm — coming not only from the employment bar, but also from IP, particularly the patent bar.
By By Zachary D. Cleary, Jose J. Jimenez and Taryn A. Elliott
The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.
By Howard Shire and Justin Tilghman
Ninth Circuit Upholds Copyright Infringement Dismissal In ‘Jangle Vision Twins’ Case