Archive by Author | joselandivarartherlaw

Legal Perspective: Australia and U.S. Film Markets – To Subsidize or Not?

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Jose Landivar, Arther Law’s Industry Insider Blog

Quick, someone tell me how the Australian film industry works and what involvement the government has in funding films and subsidizing its burgeoning film industry? Any takers? Good, then this article is for you.

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Legal Perspective: Twitter IPO…Bull Market or Just “Bull”?

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In case you were living under a rock or simply ignore financial news, you might have heard that Twitter made its long-awaited and much hyped debut on the New York Stock Exchange (NYSE) last Thursday. The micro-blogging company responsible for introducing the “#hashtag” phenomena to the English lexicon and creating the dreaded celebrity Tweeting wars raised over $1.6 billion USD over one trading day as its shares jumped from its initial offering price of $26 per share to nearly $50 per share at its intraday highs, finally settling at $44.90 per share at the closing bell.[1] The phenomenal performance of the Twitter IPO recalled the heady days of the dotcom bubble of the late 1990s and almost made weary investors forget about Facebook’s faulty IPO last year. Read More…

Attention Inventors: New USPTO Patent Filing and Maintenance Rules Now in Effect

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Jose Landivar, Arther Law’s Industry Insider

This past Monday, the U.S. Patent and Trademark Office recently published final rules in the Federal Register updating procedures for filing and processing patent applications. Supporters of the changes say that the new rules will serve to harmonize U.S. patent and filing statutes with two treaties, the Patent Law treaty and the Hague Agreement, signed more than 20 years ago. Read More…

The Follow-up: Federal Trade Committee v. Activis, Inc.

On April 3rd, Arther Law’s Industry Insider blog covered a highly contentious Supreme Court hearing involving medical patents and “pay-for-delay” settlements by medical patent holders to generic challengers. The case, Federal Trade Committee v. Activis raised questions about the scope of an antitrust challenge to settlement agreements amongst drug companies within the framework of The Drug Price Competition and Patent Term Restoration Act of 1984, commonly known as the Hatch-Waxman Act, which was passed to promote challenges to patents by generics. [1]

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Grist to the Google Mill: Calif. Judge Finds a Way to Continue Claims Against Internet Giant

by Jose Landivar, Arther Law’s Industry Insider

A judge in California refused to toss out a class action lawsuit against Google this past Thursday over allegations that the company violated a federal wiretap statute by scanning user’s emails for the purpose of targeted advertising.

U.S. District Judge Lucy Koh, allowed the plaintiffs’ claim to proceed on the grounds that Google’s privacy policies did not provide explicit notification of email interceptions and that scanning emails to profile users in order to send out targeted ads were not “instrumental operations” for an email system or within the “ordinary course of business” exception provided under the Electronic Communications Privacy Act.

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No Safe Harbor for Vimeo on Capital Records’ Lip Synch Lawsuit

by Jose Landivar, Arther Law’s Industry Insider

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Online video-sharing service Vimeo failed in its efforts last Wednesday to dismiss Capitol Records’ copyright suit over user-generated lip-sync videos of artists such as Radiohead and the Beatles, when a federal judge ruled that some of the videos might not qualify for safe-harbor protection and that a factual issue was presented on the grounds that the company should have known about the alleged infringement simply because its employees uploaded and commented on some of the videos. Read More…

Twitter IPO, In Under 140 Characters: Thank You #JobsAct

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#IPO. #JOBSActThanks

This could’ve been a social media reference to Twitter’s announcement on Thursday afternoon that it was filing confidential paperwork with the SEC to begin the process for its highly anticipated and widely speculated public offering.

The timing and secrecy surrounding Twitter’s announcement is widely believed to have been executed at this time in order to maximize the advantage offered by new regulations passed under 2012’s JOBS (Jumpstart Our Business Startups) Act, which for the first time allowed certain companies to initially file IPO paperwork confidentially with SEC regulators.

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