Category Archives: http://schemas.google.com/blogger/2008/kind#post

selling to multiple hospitals isn’t "advertising or promotion" when total market is large

Posted on June 12, 2014 by rtushnet

Synthes, Inc. v. Emerge Medical, Inc., 2014 WL 2579286, — F. Supp. 2d — (E.D. Pa. June 5, 2014) This is a big case involving trade secrets/former employees who started a competing medical device firm. I’m just going to cover … Continue reading →

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Success has many copies: HathiTrust

Posted on June 11, 2014 by rtushnet

Authors Guild, Inc. v. HathiTrust, No. 12‐4547 (2d Cir. June 10, 2014) Several research universities allowed Google to scan their collections; then they created a repository for the digital copies, the HathiTrust Digital Library (HDL), which currently has 80 member … Continue reading →

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islands in the stream: Netflix v. Verizon

Posted on June 11, 2014 by rtushnet

Netflix responds to Verizon’s C&D. For those not keeping track, it started when Netflix started sending error message to certain Verizon customers experiencing playback difficulties, telling them that the Verizon network was slow. Verizon responded angrily, threatening suit and demanding … Continue reading →

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Tough sledding: statements to industry-focused publication can be commercial speech

Posted on June 11, 2014 by rtushnet

Skedco, Inc. v. ARC Products, LLC, 2014 WL 2465577, No. 3:13–CV–00696 (D. Or. Jun. 2, 2014) The parties compete in the market for emergency medical rescue equipment, and are suing over false advertising. Plaintiff’s Sked is “an evacuation sled system … Continue reading →

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A little bit pregnant: miscounting pregnancy duration as false advertising

Posted on June 11, 2014 by rtushnet

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, No. 14 Civ. 00585, 2014 WL 2526965 (S.D.N.Y. June 3, 2014) C&D sued SPD for false advertising over its pregnancy test advertising. The court denied SPD’s motion to dismiss. The … Continue reading →

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Copyright Society: first sale

Posted on June 10, 2014 by rtushnet

Digital First Sale Panelists: Karyn T. Claggett, U.S. Copyright Office History repeating: we studied digital first sale before studying digital first sale was cool.  PTO is now having a series of roundtables on these issues—next will be in Boston, June … Continue reading →

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Copyright Society: recent developments (but not the most recent)

Posted on June 10, 2014 by rtushnet

This panel had the misfortune to occur just as the Second Circuit released HathiTrust.  More on that to come, obviously. Recent Developments in Copyright Law Panelists: Robert W. Clarida, Reitler Kailas & Rosenblatt LLC Thomas Kjellberg, Cowan Liebowitz & Latman, … Continue reading →

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Copyright Society: Representative Judy Chu

Posted on June 10, 2014 by rtushnet

Keynote Speaker: Congresswomen Judy Chu (D-CA) (House Judiciary, IP Subcommittee) There can be bipartisan agreement; there’s no obvious Democratic/Republican point of view, and we could get something done.  Copyright is important in her district—Pasadena/LA.  Influenced by entertainment industry, not with … Continue reading →

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Copyright Society: politics!

Posted on June 10, 2014 by rtushnet

The 21st-Century Copyright Office    (I know, but really, this panel is almost all about forum shopping and maneuvering to make sure that the people who have always made copyright policy continue to do so.  It’s important.) Moderator: Jacqueline Charlesworth, U.S. … Continue reading →

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Pet (food) sounds

Posted on June 10, 2014 by rtushnet

I’m quoted in this St. Louis Post-Dispatch story about the Purina v. Blue Buffalo pet food dispute. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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