Tag: SCOTUS
Reverse Payment Settlements in the United States and Europe: Moving Toward...
David Tayar, William Rooney, Agathe Richard, Sep 30, 2013
After more than a decade of debate and complex litigation on "reverse payment" settlements, the Supreme...
FTC v. Actavis: Has the Dust Really Settled?
Kyle Musgrove, Richard Ripley, Sep 30, 2013
Three months now have passed following the Supreme Court's decision inFTC v. Actavis, 133 S. Ct. 2223 (2013),...
When Does Interpretation Become Rewriting? The FTC Runs With the Actavis...
Kent Bernard, Sep 30, 2013
A Hatch-Waxman settlement case finally reached the Supreme Court, and when it did the Court in FTC v. Actavis rejected both...
How Much Should Control Turn on Ownership? The Alienation of Copyrighted...
Ariel Lavinbuk, May 28, 2013
In Kirtsaeng v. John Wiley & Sons Inc., the Supreme Court held that the Copyright Act's first-sale doctrine applies to...
Kirtsaeng v. John Wiley & Sons: The Supreme Court Saves the...
Brian Willen, May 28, 2013
For hundreds of years, the "first sale" doctrine has been central to copyright law. It helps reconcile a fundamental tension...
Rethinking a Digital First Sale Doctrine in a Post-Kirtsaeng World: The...
John Villasenor, May 28, 2013
In 1908, the Supreme Court articulated the first sale doctrine, holding inBobbs-Merrill Co. v. Straus that a copyright owner's "right to...
Three Thoughts About Kirtsaeng
Aaron Panner, May 28, 2013
In Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court decided by a 6-3 margin that the "first sale" doctrine,...
Design Copyright: The Latest Judicial Hint
Scott Hemphill, Jeannie Suk, May 28, 2013
Earlier this year, in an important copyright ruling, the Supreme Court dropped a puzzling clue about copyright for...
New Toys For Old Games: eBooks iTroubles
Jay Himes, Meegan Hollywood, Jun 13, 2012
On April 11, 2012, media outlets exploded with the news that the Department of Justice had filed a...
United States v. Apple and the Contemporary Legitimacy of Antitrust
Chris Sagers, Jun 13, 2012
I think United States v. Apple, the so-called "e-Books case" pending in the Southern District of New York, is an excellent...