The attorneys of Amster, Rothstein & Ebenstein keep track of significant events in intellectual property law. As a service to our clients and the community, we provide ARELAW Alerts as short bulletins summarizing these events.
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The attorneys of Amster, Rothstein & Ebenstein are recognized authorities in their fields, consistently staying at the forefront of developments, decisions, and trends within the constantly evolving world of intellectual property law. We encourage our attorneys to publish their discussions and analyses of intellectual property law developments, and we offer them as a service to the community of clients and practitioners engaged in this field.
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Reporters and editors covering decisions and developments in intellectual property law, often working on deadline, frequently find themselves turning to the lawyers at Amster, Rothstein & Ebenstein for the perspective and insight that goes “behind the story.” We are gratified that the print and online media have come to rely on our lawyers to distill complex decisions into plain English so that the audience for the story can understand not just what was decided but, more importantly, why it was decided and what implications it has for the future.
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Business Method Patents Down But Not Out: Experts
"Charles R. Macedo, partner of Amster Rothstein & Ebenstein LLP, noted that although the majority rejects efforts to create shortcut or alternative tests, such as the previously relied upon “useful” test, it does not appear to fully encompass the broad scope of protection Congress intended in enacting the Patent Act.
“In rejecting its prior ‘useful, concrete and tangible results’ formulation of the patent-eligible subject matter, the majority opinion was silent on whether Congress' post-State Street adoption of prior user right for ‘methods of doing business,’ in effect adopted that standard as part of the statute,” Macedo said."
- Author, IP Law360, Thursday, Oct 30, 2008
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New York Court to Weigh Tiffany v. eBay’s
Effect on Web Service’s Contributory Liability
Charles R. Macedo, an attorney with Amster, Rothstein & Ebenstein LLP, in New York, told BNA that the Tiffany decision, provided it withstands Second Circuit review, carved out a safe harbor protecting online service providers from contributory infringement liability.
"Without specific notice of a particular infringement, service providers have no general duty to take down infringing content," he said. "If they remove infringing content after receiving notice of infringement, they arguably fall within the safe harbor and cannot be held liable."
- Reproduced with permission from BNA's
Electronic Commerce & Law Report, Vol. 13, No. 42
(Oct. 29, 2008) pp. 1382-1383. Copyright 2008 by The
Bureau of National Affairs, Inc. (800-372-1033)
www.bna.com
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"eBay beats Tiffany in court case over trademarks" an interview with Anthony Lo Cicero on Bloomberg TV News.
Anthony Lo Cicero interviewed by Mike Schneider of Bloomberg TV News on the ruling eBay beats Tiffany in court case over trademarks
- July 15, 2008, Bloomberg News
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