Postings Law Summaries
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SEC v. Uriel Sharef, et al.
SEC No. 2011-263, SEC Litigation Release No. 22190, Civil Action No. 11 civ 9073 (S.D.N.Y.), DOJ No. 11-1626,
12/13/2011
The Securities and Exchange Commission and the Department of Justice have charged seven former Siemens executives with violating the Foreign Corrupt Practices Act (FCPA) for their involvement in the company's decade-long bribery scheme to retain a $1 billion government contract to produce national identity cards for Argentine citizens. More...
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
NewsNet Issue 445,
12/27/2011
The United States Copyright Office seeks comments on proposals to exempt certain classes of works from the prohibition on circumvention of technological measures that control access to copyrighted works. More...
SEC v. Management Solutions, Inc.
SEC No. 2011-266, Case No. 2:11cv01165, U.S. District Court for the District of Utah,
12/15/2011
The Securities and Exchange Commission has charged a father and son in Utah with securities fraud for selling purported investments in their real estate business that turned out to be nothing more than a wide-scale $220 million Ponzi scheme. More...
Changes to Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act
37 CFR Part 1, Docket No. PTO–P–2011–0072, RIN 0651–AC66,
01/5/2012
The Leahy-Smith America Invents Act expands the scope of information that any party may cite in a patent file, to include written statements made by a patent owner before a Federal court or the United States Patent and Trademark Office (Office or USPTO) regarding the scope of any claim of the patent, and it provides for how such information may be considered in ex parte reexamination, inter partes review, and post grant review.
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SEC v. Richard F. Syron, et al./SEC v. Daniel H. Mudd
Case Nos. 11cv9201-2, U.S. District Court for the Southern District of New York,
12/16/2011
The Securities and Exchange Commission has charged six former top executives of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) with securities fraud, alleging they knew and approved of misleading statements claiming the companies had minimal holdings of higher-risk mortgage loans, including subprime loans. More...
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Postings Law Commentaries
Following are Postings Law Commentaries elaborating on the significance of the most important of the Postings Law Summaries.
Page 1 of 33 of Postings Law Commentaries 1 2 3 > Last »
US Airways, Inc. v. McCutchen
Posted: 01/24/2012
Commentary: In a split with other circuits, the Third Circuit recently limited relief available to benefit plan administrators under ERISA. In US Airways, Inc. v. McCutchen, 663 F.3d 671 (3d Cir. 2011), the Third Circuit held that the “appropriate equitable relief” available under ERISA § 502(a)(3) to plan administrators can be limited by equitable defenses, such as unjust enrichment. The Court also held that such defenses can override express terms of benefit plans which, would otherwise allow full reimbursement from beneficiaries, regardless of whether the beneficiary was made whole.
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In re Ricoh Co., Ltd.
Posted: 01/9/2012
Commentary: The Federal Circuit recently clarified several aspects of § 1920’s allowances for a prevailing party to charge its costs against the losing party. In In re Ricoh Co., Ltd., 661 F.3d 1361 (Fed. Cir. 2011), the Federal Circuit upheld the use of cost-sharing agreements over default statutory rules, allowed the taxing of both printed and recorded depositions, and signaled its displeasure with vague copying charges billed to the losing side.
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Robert Bosch, LLC v. Pylon Manufacturing Corp.
Posted: 11/30/2011
Commentary: The Federal Circuit recently cleared the confusion resulting from eBay and confirmed that case eliminated the presumption of irreparable harm in permanent injunction analysis. In Robert Bosch, LLC v. Pylon Manufacturing Corp., 659 F.3d 1142 (2011 Fed. Cir.), the Federal Circuit reversed the district court and granted Bosch a permanent injunction without remand. The Court noted the “fundamental nature of patents as property rights” as basis for patent holders to continue to receive permanent injunctions against competitors, even without the shortcut of the presumption.
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Apple, Inc., v. Psystar, Corp.
Posted: 11/18/2011
Commentary: The Ninth Circuit recently upheld the validity of conditional software licenses which avoid the pitfalls of the first sale doctrine. In Apple, Inc., v. Psystar, Corp., No. 10-15113, 2011 U.S. App. WL 4470623, (9th Cir. Sept. 28, 2011), the Ninth Circuit upheld a permanent injunction against Psystar due to its infringement of Apple’s copyrighted software. Psystar asserted copyright misuse defense against Apple. However, the Court found that Apple’s valid software licensing agreement did not prevent Psystar from making competing products, and thus was not a misuse of copyright.
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Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc.
Posted: 11/2/2011
Commentary: The Ninth Circuit recently affirmed contributory trademark and copyright infringement claims against a web hosting company which hosted an allegedly infringing website. In Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., Nos. 10-15909, 10-16105, 2011 U.S. App. WL 4014320 (9th Cir. September 9, 2011), the Ninth Circuit reiterated its view that web servers are “an essential step in the infringement process.” Id. at 4.
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