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Features

Safe Harbor for Service Providers under the Anticybersquatting Act

Gerald M. Levine

GoDaddy.com has been the prevailing defendant in two major lawsuits under the Anticybersquatting Consumer Protection Act (ACPA). In both cases, plaintiffs sought to hold a defendant liable for contributory or secondary infringement rather than "direct" cybersquatting under the ACPA. The principal reason for plaintiffs' lack of success lies in a fundamental misunderstanding of the ACPA.

Features

<b><i>Online Extra:</b></i> NJ Legislature Moves on Cybersecurity Bill

Michael Booth

The New Jersey Legislature on Oct. 5 began taking steps toward increasing its ability to combat cybercrime.

Features

Overcoming Challenges In Transferring Technology In Academia and Beyond

Randi Isaacs, Stacy Fredrich & Alyssa Walker

University technology transfer offices (TTOs) bridge the gap between innovation and commercialization by identifying ways to protect university-generated innovations from unauthorized exploitation, by obtaining the appropriate protection for such innovations, and by facilitating commercialization of these innovations. For-profit companies worldwide engage in a similar process; however, universities face unique challenges in these efforts.

Features

Reviewing the CFAA

Stephen M. Kramarsky

Locks, the saying goes, keep honest people honest. But no lock is perfect and the determined thief will always find a way in. In recent years, it has become obvious that the same is true of the Internet.

Features

The Key to ELM Success Is Creating A Great User Experience

Linda Hovanec

The tasks involved in managing legal, risk and compliance functions aren't simple. But when they take place with the support of a comprehensive Enterprise Legal Management (ELM) solution with a well-designed and holistic user experience, it can all be executed with confidence and efficiency.

Features

Twitter Faces Privacy Suit over Direct Messages

David Ruiz

Twitter Inc. has been hit with a proposed class action alleging that the company's handling of direct messages between users violates the Electronic Communications Privacy Act (ECPA).

Features

2015 Trends: Balancing Judicial vs. Corporate e-Discovery Practices

Bill Piwonka

The changing data landscape and prevalence of new data sources continues to impact how e-discovery is addressed. I had the opportunity to discuss these impacts with Andrea D'Ambra, senior counsel for Norton Rose Fulbright, as part of a recent webcast. We compared and contrasted findings from Norton Rose Fulbright's Litigation Trends Annual Survey of in-house counsel and Exterro's 2015 Federal Judges' Survey. Following are the takeaways we discussed.

Features

<i>Ariosa Diagnostics v. Sequenom </i>

David L. Walker & Angela L. Morrison

On June 12, 2015, the U.S. Court of Appeals for the Federal Circuit, in <i>Ariosa Diagnostics,</i> affirmed a grant of summary judgment of invalidity of another patent in the biotech space. The decision adds to a long and growing list of patents that have fallen in the wake of the Supreme Court's recent 35 U.S.C. '101 jurisprudence.

Features

Using Digital Tools To Assess and Remedy Online Reputational Damage

Lucinda Bach, Mary Gately & Craig Kronenberger

The speed with which negative Internet postings spread can cause immediate reputational harm. To remedy this harm, the nature and extent of the damage must be quantified, which is no easy task. This is true whether a defamation lawsuit is pursued or whether a public relations strategy is used. However, new digital tools can now be used to assess and quantify damage caused by these kinds of negative Internet postings.

Features

<b><i>Online Extra:</b></i> DOJ Wants Massive Government Data Breach Suits Consolidated

Amanda Bronstad

It was the worst data breach in the history of the U.S. government, and now the Justice Department says the ensuing lawsuits filed in six different jurisdictions belong in a single court in Washington, DC.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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