Remove topics motion-to-enjoin
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Catching Up on NetChoice v. Paxton, the Challenge to Texas’ Social Media Censorship Law

Technology & Marketing Law Blog

The law goes into effect on December 2 if it’s not enjoined, so a court decision should come in the next few days (this morning, the court is hearing oral arguments). Some high/lowlights from the filings: Preliminary injunction motion. I’m keeping my fingers crossed that the judge will recognize this as an easy case.

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Shutting Out the PTAB Via Private Agreement

LexBlog IP

Earlier this week, the Federal Circuit was given another opportunity to explore this topic, and the potential policy consequences of such private agreements. Back in 2019 I highlighted this option as the #1 development in PTAB practice for district court litigators. In Nippon Shinyaku Co. Sarepta Therapeutics, Inc., Sarepta Therapeutics, Inc.,

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You’re a Fool if You Think You Can Win a 512(f) Case–Security Police and Fire Professionals v. Maritas

Technology & Marketing Law Blog

This ruling covers two key topics related to 512. . * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m going to focus on the 512(f) claim. Because of these deficiencies, the court says: “The copyright note is not a DMCA notice under § 512.

Fair Use 101
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Supreme Court Restores Injunction Against Texas HB 20!–NetChoice v. Paxton

Technology & Marketing Law Blog

Given the strength of the 11th Circuit decision, it would be ideal to have that opinion frame SCOTUS’s consideration of the topic. Yesterday, the Supreme Court granted the emergency application to restore the injunction against HB 20, Texas’ social media censorship law. Attorney General first. ” I agree.

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Major YouTube Copyright Lawsuit Nears Trial With Almost Everything On the Line

TorrentFreak

For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. What Do Whore Houses, Meth Labs, and YouTube Have in Common? “OK, I know: that title really hits below the belt.

Copyright 130
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Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Technology & Marketing Law Blog

Can LinkedIn enjoin hiQ’s scraping on non-CFAA grounds? In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. The Supreme Court vacated that decision and told the Ninth Circuit to reconsider its ruling in light of the Supreme Court’s Van Buren ruling.

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Recent Summary Judgment Decision in FleetCor Case Spells Trouble for CEOs and Disclaimers

LexBlog IP

It is not every day that the FTC sues the CEO of a publicly traded company, and it is even less often that we see a federal court opinion on the topic, so this decision warrants a deep dive. Background. But before we focus on the decision, we need to get some unusually messy procedural history tied to the AMG decision out of the way.