Divisional of Divisional Reaches Safe Harbor of 35 U.S.C § 121
Some may recall my “dissertation” on the case of Amgen Inc. v. F. Hoffman-La Roche Ltd. See CAFC: A Divisional By Any Other Name Is Not a Divisional . In Amgen, the Federal Circuit made it clear that...
View ArticleMomenta Pharmaceuticals: The Hatch-Waxman “Safe Harbor” Widens to Include...
While the Supreme Court may have expanded the reach of the Hatch-Waxman “safe harbor,” the Medtronic and Merck cases only involved pre-marketing FDA approval activity. But the recent split Federal...
View ArticleCJEU declares Commission’s US Safe Harbor Decision Invalid
The decision creates significant uncertainty for organizations who rely on Safe Harbor either for their own, internal data transfers, or because they use a service provider which, in turn, relies on...
View ArticleU.S., EU work towards safe harbor replacement that balances privacy,...
Safe harbor in the world of international digital data transfer has been a major topic of discussion in the tech world in recent weeks. Since 1998, data transferred from European citizens to American...
View ArticleFrom Safe Harbor to Privacy Shield: Making order from chaos on data protection
To replace the now-defunct Safe Harbor agreement, last week the European Commission published the first details of its transatlantic Privacy Shield. The Privacy Shield is meant to strengthen...
View ArticleCapitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright...
Just how much knowledge about piracy on its system does an online service provider need before it loses its safe harbor protection, which severely limits its potential liability for copyright...
View ArticleProposed Amendments to Rule 11 Will Adversely Impact Patent Owners
Congressman Lamar Smith (R-TX), has sponsored a bill to amend Rule 11 — H.R. 720. The changes are made to remove the safe harbor provision and make sanctions mandatory. This bill has passed the House....
View ArticleThe Impacts of the Pending Rule 11 Amendments on the Patent System
The effects of proposed Rule 11 on the patent system will be like putting an additional bullet to a dying man. As far as patent litigation is concerned, the pending rule is intended to deliver what was...
View Article5 ways companies can stay in compliance with DMCA
Understanding the Digital Millennium Copyright Act (DMCA) has become increasingly important for companies that want to protect their digital content. The DMCA was created primarily as a solution for...
View ArticleDMCA 2017: 9th Cir. decides safe harbor, anti-circumvention cases
In 2017, there were several noteworthy decisions relating to the Digital Millennium Copyright Act (DMCA). Specifically, the Ninth Circuit addressed two separate cases, one dealing with safe harbor...
View ArticleNo DMCA safe harbor for Cox’s 13-strike policy for terminating repeat infringers
On February 1, 2018, the U.S. Court of Appeals for the Fourth Circuit issued a decision in the case, BMG Rights Management LLC v. Cox Communications, Inc. The Fourth Circuit affirmed in part the...
View ArticleInnovators and Content Creators Urge USTR Lighthizer to Fight for Strong IP...
ACTION for Trade asks Lighthizer to consider advocating for strong IP protections and robust enforcement to benefit a diverse group of industries, including digital content producers and distributors,...
View ArticleClosing a Loophole to Prevent Online Sex Trafficking
The U.S. Senate is slated to vote on the Stop Enabling Sex Traffickers Act (SESTA), legislation that would help prevent online sex trafficking by holding accountable the websites that knowingly...
View ArticleNational Courts Can Order Worldwide Takedown, Says CJEU in Case Against Facebook
The Court of Justice of the European Union (CJEU) has ruled that host providers, such as Facebook, can be required to take down illegal content, including identical or equivalent variations, worldwide...
View ArticleUSMCA Set To Export U.S. Copyright Law to North American Neighbors
The United States-Mexico-Canada Agreement (USMCA) was passed by the U.S. Senate on January 16, 2020 and will be signed by President Trump today. The treaty, which renegotiates and cancels the 1994...
View ArticleStopping Cyber-Fakes: A Guide to the SHOP SAFE Act 2020
Online shopping has become a huge part of our everyday lives. In fact, 15% of all 2020 retail sales are projected to take place online. Unfortunately, despite their convenience, e-commerce retail...
View ArticleCalifornia Court Holds Pinterest’s Display of User-Uploaded Works Near Ads...
The U.S. District Court for the Northern District of California this week ruled that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) protects Pinterest from a photographer’s...
View ArticleJournalism Competition and Preservation Act Moves Out of Committee Despite...
This morning, the full U.S. Senate Committee on the Judiciary convened an executive business meeting during which the committee advanced S. 673, the Journalism Competition and Preservation Act (JCPA)....
View ArticleWhite Paper Proposes Solutions for Overhaul of Section 512
The International Center for Law and Economics (ICLE) released a white paper on Thursday arguing that Section 512 of Title 17 of the Copyright Act has been a failure, and it should be reevaluated and...
View ArticleFrom Safe Harbor to Privacy Shield: Making order from chaos on data protection
To replace the now-defunct Safe Harbor agreement, last week the European Commission published the first details of its transatlantic Privacy Shield. The Privacy Shield is meant to strengthen...
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