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Second Circuit Halts Google Books Challenge to Weigh Class Cert
Publication Date: 2012-09-17
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After seven years of litigation, a judge was finally supposed to consider the merits of a copyright challenge to the Google Books Project at a hearing next month. That hearing has now been delayed indefinitely, however, while Google and its lawyers try to undo a big procedural win the plaintiffs scored back in May.

Law Profs Lemley and Hemphill Propose Revamping Hatch-Waxman Exclusivity to Combat Pay-to-Delay Pharma Deals
Publication Date: 2011-03-16
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As it's presently interpreted, Hatch-Waxman is encouraging challenges to weak brand patents--but it's also encouraging generics to drop those challenges in favor of pay-to-delay settlements that don't have the intended effect of benefiting society. The quickest, easiest way to change the system? Grant 180-day exclusivity only to generics that succeed in invalidating brand patents.

New Blog Alert: Cyberlaw Cases
Publication Date: 2009-09-04
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Cyberlaw Cases is a new blog by two professors at the University of California, Berkeley, that ranks the most important pending cases in cyberlaw. Can you guess which case tops the chart?

March 15, 2010 |

New Partners 2010: The List

12 minute read
Google Still Facing Authors' Claims After Publishers Turn the Page
Publication Date: 2012-10-04
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A group of book publishers has dropped out of the long-running copyright battle over Google's plan to scan the world's books into a vast digital library.

Pressure from Kirkland Lawyer Forced 'Obama Hope' Artist Shepard Fairey to Admit Evidence Destruction in AP Case
Publication Date: 2009-10-19
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When The Associated Press's K&E lawyers realized Fairey hadn't turned over everything he was supposed to, they pushed for answers. What they got was a bombshell that blew up the artist's fair use case.

Second Circuit Rules Against Google in Keyword Advertising Case
Publication Date: 2009-04-06
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The Second Circuit ruled Friday that a computer repair company called Rescuecom can proceed with its trademark infringement case against Google.

Patent Litigation Weekly: A Critical Look at Myhrvold's Intellectual Ventures
Publication Date: 2010-06-20
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Former Microsoft executive Nathan Myhrvold has maintained that he formed his company, Intellectual Ventures, to spin off other businesses. But, according to Joe Mullin, so far he's only spun off one that does more than enforce patents, despite an estimated $5 billion in outside investments.

Kilpatrick Scores Fair Use Victory for HathiTrust in Authors Guild Copyright Suit
Publication Date: 2012-10-11
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Barring a successful appeal, a ruling Wednesday spells the end to the Authors Guild's claims related to HathiTrust--a massive digitization project involving Google Inc. and a group of university libraries. It's not quite as clear what it means for the authors' separate class action against Google, but it definitely isn't good.

October 25, 2011 |

Protect Innovators, Not Lawyers

Viacom and YouTube squared off in a New York appeals court on Oct. 18 as Viacom tries to overturn last year's judgment in YouTube's favor. The outcome may well decide what kind of Internet economy we will have — a top-down contest between a few big companies, or a bottom-up ecology where small startups continue to invent the future as fast as they can.
4 minute read

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