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Finally, an analysis of the present situation in EU gambling and sport betting after the recent ECJ decisions will be attempted, via scenarios from primary (national MS practices, policies, and case law) and secondary (Swiss Institute of Comparative Law, 2006; European Gaming and Betting...
Persistent link: https://www.econbiz.de/10013113133
CBC Distribution and Marketing, Inc. (CBC), operator of CDMsports.com (CDM), offering fantasy-sports products and services, brought this action against Major League Baseball Advanced Media, L.P. (MLBAM), to establish its right to use without license the names and, inherently crucial for...
Persistent link: https://www.econbiz.de/10013155204
Supreme Court in Arjun Panditrao Khotkar (2021) judgment has put an interesting exception to the S.65-B(4)’s certificate requirement: when even after applying to the relevant authority holding the electronic document sought to be proved in evidence and threafter to a court under procedural or...
Persistent link: https://www.econbiz.de/10013224754
Not all code is created equal—at least not in the majority’s view in Google v. Oracle, handed down on April 5th. In this landmark 6-2 decision, the Supreme Court held that Google’s verbatim reproduction of approximately 11,500 lines of computer programming code from Oracle’s Java library...
Persistent link: https://www.econbiz.de/10013230935
This paper reviews Alice v. CLS Bank’s impact seven years after its issuance and examines the 30 Federal Circuit cases (including their exemplary patent claims) that found eligibility upon Alice challenges. The Alice invalidation rates at the Federal Circuit (79%) and district courts (51.8%)...
Persistent link: https://www.econbiz.de/10013210748
COVID patent waiver is an interesting but virtually irrelevant debate. If every patent holder tomorrow morning announced “we will not be enforcing any of the patents that we have that relate to COVID vaccines,” you know what would happen to the worldwide manufacturing distribution of...
Persistent link: https://www.econbiz.de/10013290970
As is typical of a Breyer opinion, Unicolors v. H&M—the only IP decision this Term—illuminates the distinction between mistakes of fact and of law and explains the reasoning by virtue of a brief hypothetical. Imagine someone (named John) who sees a flash of red in a tree and blurts out,...
Persistent link: https://www.econbiz.de/10013297240
Just as AI enables computers to perform increasingly complex tasks, it, however, also raises a host of novel issues at its intersection with the law, including issues for litigants in patent infringement suits. The investment in AI technologies likely will lead to an increase in AI-related...
Persistent link: https://www.econbiz.de/10013314386
This paper analyzes United States v. Arthrex, in which the Supreme Court found PTAB judges (sometimes dubbed as the “patent death squad”) unconstitutionally appointed in violation of the Appointments Clause, along with its broader political and congressional impact ex ante. In particular,...
Persistent link: https://www.econbiz.de/10013314580
It is a well-established fact that universities in the United States are examining processes of expanding into the international market by attracting students from all over the world. This global strategy by U.S. universities and colleges expands their footprint, increases partnerships with...
Persistent link: https://www.econbiz.de/10013016672