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Second Circuit Suggests “Willful Blindness” May Trigger Liability under the DMCA

The Digital Millennium Copyright Act (DMCA) is a major player U.S. copyright law that has come to the forefront when, on appeal, the Second Circuit remanded the case Viacom International, Inc. v. YouTube, Inc., for further review of certain copyright issues.  One of the major aspect of the DMCA are the safe harbor provisions that [...]

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Republican Political Candidates Sued for Patent Infringement for Facebook Pages

  A lawsuit was filed on Monday in the US District Court for the Central District of California, alleging patent infringement by Rick Santorum, Mitt Romney and Newt Gingrich for their use of Facebook business pages.  Also included as defendants are unnamed does 1-10. The lawsuit alleges infringement of US Patents 6,671,714 and 7,644,122 (’714 [...]

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Supreme Court Denies Certiorari for Second Time to John Steinbeck’s Heirs Over Copyright Dispute

John Steinbeck’s only surviving son and sole grandchild were denied their petition for Certiori, which the US Supreme Court would have then proceeded to hear, for the second time.  The ruling affects the royalties of such well known novels as “Tortilla Flat,” “Of Mice and Men” and “The Grapes of Wrath.” The issue was was [...]

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CAFC reverses US District Court for the Southern District of California on Claim Construction and Satisfaction of Written Description Requirement

In THE LARYNGEAL MASK COMPANY LTD. AND LMA NORTH AMERICA, INC., v. AMBU A/S, AMBU INC., AND AMBU LTD, 10-1028 (CAFC, September 21, 2010), the CAFC reversed the US District Court for the Southern District of California on Claim Construction and Satisfaction of Written Description Requirement. The Laryngeal Mask Company Ltd. and LMA North America, [...]

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Broadest-Construction Rubric Coupled with Term”Comprising”Does not Give USPTO Unbridled License to Expand Scope of Claims

The Court of Appeals for the Federal Circuit (“CAFC”) held in In re Suitco Surface, Inc., 2009-1418 (CAFC, April 14, 2010) that the “broadest broadest-construction rubric coupled with the term “comprising” does not give the PTO an unfettered license to interpret claims to embrace anything remotely related to the claimed invention. Rather, claims should always [...]

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