Category «Litigation»

Litigation lawyers and attorneys of Archer & Greiner, P.C., one of the New Jersey’s largest law firms, handles all areas of Internet/domain names, intellectual property, trademark, patent and copyright law.

“Authorization” and “Transmission” — Interpretations of the Computer Fraud and Abuse Act

While initially conceived in 1984 to punish hackers and safe guard classified financial and credit information relating to government and financial institutions, the Computer Fraud and Abuse Act (the “CFAA”) has evolved over the past two decades to reflect emerging technology in the areas it was created to protect. Specifically, the CFAA affords employers civil …

Identifying the Anonymous Blogger

Increasingly, anonymous bloggers are posting damaging and sometimes libelous comments directed against others on the Internet. However, identifying an anonymous blogger is not easy. Federal law requires an ISP to notify a blogger upon a demand for his identify. Courts typically become involved when an Internet Service Provider (ISP) files suit to ask relief from …

Patent Basics

Patents protect the utility of new and useful inventions as well as ornamental designs of articles of manufacture. In particular, utility patents cover machines, products and processes (including methods of doing business), and design patents protect the visual impression or “look” of an article of manufacture. A patent enables its holder to prevent others from …

Patent Licensees Can Challenge A Patent’s Validity While Paying Royalties to the Licensor

The Supreme Court’s decision in MedImmune v. Genentech, 127 S.Ct. 765 (2007), permitted MedImmune to challenge Genetech’s drug patent before breaching its patent license with Genentech. Historically, breach of a patent license restrained licensees from challenging patents on invalidity grounds since patent holders could retaliate against those who willfully breached a patent license with an …

Microsoft Wins Patent Case With “eBay” Argument

A Texas federal district judge recently denied Z4 Technologies Inc.’s request to enjoin Microsoft from selling, making and using its infringing Windows and Office products. The ruling appears to be the first case to apply the holding in eBay Inc. v. MercExchange, L.L.C., 126 S.Ct. 1837 (2006).  The U.S. Supreme Court’s decision in eBay ended …

Typosquatting and Domain Name Dispute Arbitration

In the early days of the Internet, enterprising and oftentimes unscrupulous persons would reserve domain names that were the same as or similar to the trade names and trademarks of others and then offer to sell those domains, at high fees, to their “rightful” owners. This practice was known as “cybersquatting.” The Anticybersquatting Consumer Protection …