GLG News by Warehouse Club Experts

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

BYI v. IGT: Motions in Limine Filed

September 29, 2008

Analysis of:Analyst Sees Buying Opportunity in Bally Tech | biz.yahoo.com

The main patent case between BYI and IGT is now in its final weeks.  The parties this week sharpened the fight a bit more by filing a series of motions that attempt to have certain testimony and evidence excluded from trial.  Meanwhile, all eyes now turn to the decisions on summary judgment, which should issue imminently.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

Attempted Copyright Infringement?

September 29, 2008

Analysis of:Capitol Records v. Jammie Thomas | www.eff.org

A few days ago, a District Court in Minnesota reversed course on its own prior holding and decided that, in copyright law, it is not actionable to "offer to distribute" a copyrighted file without permission, but instead only actionable if you actually distribute the file.  The opinion raises a number of interesting questions about how copyright law should and does work, perhaps most notably forcing the copyright community to think through the reasons why the law ever forbids "attempted" as opposed to fully consummated misdeeds.

Rick SheaPresidentShea Marketing Consulting Inc.

Food Inflation Slows But Is Here To Stay

September 12, 2008

Analysis of:Food Inflation is likely to continue, experts say | www.venturacountystar.com

Commodity inflation appears to have peaked for the short term but long term commodities will continue to rise creating above average food inflation.How food and restaurant companies react will be the key to future price increases.

Rick SheaPresidentShea Marketing Consulting Inc.

Food Companies Results Vary Based on Brand Strength

September 9, 2008

Analysis of:Amid turmoil,Big G still making dough | www.startribune.com

As commodity and energy costs continue to rise it has put more pressure on the botton lines of all food companies.Food companies have had to raise prices to offset these increases.However not all food companies are losing share to private label as a result of the price increases.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

TiVo's Long Road Home

September 8, 2008

Analysis of:Ruling in TiVo, Echostar Case Could be Delayed | www.reuters.com

The September 4th hearing has now come and gone, and still TiVo commentators seem to think that TiVo is moments away from a final, decisive win.  The reality is considerably more bleak.  TiVo's contempt request is likely to be denied, and TiVo will not gain significant leverage unless and until the court hears the full work-around issue.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

Rambus Wins Again

August 29, 2008

Analysis of:U.S. trade commission loses bid for Rambus appeal | www.reuters.com

This week, the Federal Trade Commission was denied a chance to have its case against Rambus reheard by the fuller panel of judges.  That clears the way for Rambus to go back on offense, pushing its patent claims in several cases already significantly underway.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

Does Cablevision Matter?

August 29, 2008

Analysis of:Decision: 20th Century Fox v. Cablevision | www.eff.org

The copyright community lost a significant court case this month when, on appeal, Cablevision was able to defend its new RS-DVR service.   The legal issues matter tremendously, in my view; but the puzzle for me is whether the RS-DVR service itself is really all that important.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

From eBay, the Law Should Expect More

August 29, 2008

Analysis of:Court Decision: Tiffany v. eBay | www1.nysd.uscourts.gov

Courts around the world are now begining to ask exactly what, if anything, sites like eBay should be required to do to discourage the sale of counterfeit goods.  The main options being considered are either to require eBay and its peers to freeze sales upon receiving a complaint from some legitimate seller, and/or to require eBay and its peers to pay cash damages for the illegal sales they facilitate.  I would add to that list a third approach: require eBay to slow its transactions down.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

BYI v. IGT: Jury Trial Approaching

August 29, 2008

Analysis of:Bally Technologies F4Q08 Transcript | seekingalpha.com

Two weeks ago, IGT and BYI were offered the chance to delay their litigaiton over IGT's wheel-based bonus gaming patents and instead embark on a court-facilitated mediation.  This week, the parties passed on that opportunity, thereby moving that much closer to a jury trial this coming October.

Douglas LichtmanProfessor of LawUNIVERSITY OF CALIFORNIA, LOS ANGELES

QCOM/BRCM: QCOM Gains Ground in the ITC Appeal

July 30, 2008

Analysis of:Audio from Qualcomm ITC Hearing | oralarguments.cafc.uscourts.gov

With the Nokia fight now resolved, QCOM's primary litigation issues all involve Broadcom.  The most pressing of those is QCOM's pending attempt to reverse its loss last year at the International Trade Commission.  On that, recent events bode well.

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