September 10, 2019
Volume 09, Issue 1
Past the Tipping Point: Reforming the Role of Willfulness in the Federal Circuit’s Doctrine of Enhanced Damages for Patent Infringement
The Federal Circuit’s recent decision in In re Seagate Technology, L.L.C. modified the standard for determining whether a patent has been infringed willfully, but left intact the existing doctrine that requires willfulness to justify enhanced damages under 35 U.S.C. § 284. This Comment presents several arguments as to why the current enhanced damages doctrine should
Scott Bloebaum, Comment, Past the Tipping Point: Reforming the Role of Willfulness in the Federal Circuit's Doctrine of Enhanced Damages for Patent Infringement , 9 N.C. J.L. & Tech. 139 (2007), available at http://ncjolt.org/wp-content/uploads/2016/09/09_9NCJLTech1392007-2008.pdf.
Sony v. Divineo appears to sound the death knell for use of mod chips within video game systems. With a three million dollar damages claim against a mod chip distributor, it is becoming cost prohibitive to sell these chips directly to consumers. The Digital Millennium Copyright Act, with its potentially crushing requirements, stifles the creativity
Phillip A. Harris, Jr., Recent Development, Mod Chips and Homebrew: A Recipe for Their Continued Use in the Wake of Sony v. Divineo , 9 N.C. J.L. & Tech. 113 (2007), available at http://ncjolt.org/wp-content/uploads/2016/09/08_9NCJLTech1132007-2008.pdf.
In Leegin Creative Leather Products, Inc v. PSKS, Inc., the Supreme Court announced a shift in the law of minimum resale price maintenance by overruling the longstanding per se prohibition of these policies. The new rule of reason standard is more permissive of these minimum resale price maintenance agreements and as a result their use
Erich M. Fabricius, Article, The Death of Discount Online Retailing? Resale Price Maintenance After Leegin v. PSKS, 9 N.C. J.L. & Tech. 87 (2007), available at http://ncjolt.org/wp-content/uploads/2016/09/07_9NCJLTech872007-2008.pdf.
This Recent Development examines the implications of Doe v. SexSearch.com, a case decided by the U.S. District Court for the Northern District of Ohio in August 2007, on jurisprudence surrounding website immunity from liability as provided by the Communications Decency Act of 1996. Specifically, this Recent Development compares the reasoning used in SexSearch.com with that
Jonathan R. Burns, Recent Development, Doe v. SexSearch.com: Placing Real-Life Liability Back Where It Belongs in a Virtual World, 9 N.C. J.L. & Tech. 69 (2007), available at http://ncjolt.org/wp-content/uploads/2016/09/06_9NCJLTech692007-2008.pdf.
In March 2007, media giant Viacom brought a $1 billion lawsuit against YouTube for “brazen” and “massive” copyright infringement, claiming the Google-owned online video-sharing website made around 160,000 Viacom-owned videos available to YouTube users without permission. Considering the legal and historical context from which the litigation arose, this Article briefly reviews the dynamic relationship between
Russ VerSteeg, Viacom v. YouTube: Preliminary Observations, 9 N.C. J.L. & Tech. 43 (2007), available at http://ncjolt.org/wp-content/uploads/2016/09/05_9NCJLTech432007-2008.pdf.
In the spring of 2007, MoveOn.org and Brave New Films posted a spoof political attack ad video on YouTube.com. The video, Stop the Falsiness, contained clips of the Comedy Central show, The Colbert Report. Subsequently, Viacom, which owns Comedy Central, sent a “takedown” notice to YouTube alleging that the video infringed Viacom’s copyrights. After YouTube
Matt Williams, The Truth and the “Truthiness” About Knowing Material Misrepresentations , 9 N.C. J.L. & Tech. 1 (2007), available at http://ncjolt.org/wp-content/uploads/2016/09/04_9NCJLTech12007-2008.pdf.
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