06/17/2013 In April 2012, the Second Circuit in United States v. Aleynikov reversed the defendant’s conviction under the Economic Espionage Act (EEA) holding that the misappropriated trade secrets were not sufficiently related to a product produced for or placed in interstate or foreign commerce, as required under Section 1832(a). The defendant, a former employee at […]

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08/27/2013 The U.S. District Court for the Southern District of New York, in U.S. ex rel. O’Donnell v. Bank of America Corp et al., No. 12-01422 (S.D.N.Y. 2013), has endorsed a broad interpretation of a savings-and-loan era law that the Justice Department is trying to use in cases against Wall Street banks. This ruling came […]

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08/05/2013 On July 31, 2013, the Ninth Circuit affirmed dismissal of the Lanham Act claims brought by Jim Brown, a former NFL star, against video game developer Electronic Arts, Inc. (EA). The court concluded that the Rogers balancing test was the appropriate standard to evaluate defendant EA’s use of Brown’s likeness in video games, and […]

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05/14/2013 On March, 19 2013, the Supreme Court held that the “first sale” doctrine, which allows the owner of a copyrighted work to sell or otherwise dispose of that copy as he wishes, applies to copies of a copyrighted work lawfully made abroad. In a six to three decision, the Court reversed previous lower court […]

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06/05/2013 Entities that are parts of technology standard-setting organizations are typically required to promise, in some fashion, to license patents essential to any resultant standard on reasonable and nondiscriminatory terms. Once the standard has been promulgated, the standard essential patents (“SEP”s) may be asserted in litigation and the patent holder is expected to live up […]

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