Two-Way Media v. Comcast: Federal Circuit Affirms Two-Way Media’s Internet Multicasting Claims Are Patent Ineligible Two-Way Media Ltd v. Comcast Cable Communs., LLC, Nos. 2016-2531, 2016-2532, 2017 U.S. App. LEXIS 21706 (Fed. Cir. Nov. 1, 2017). The Federal Circuit affirmed the decision of the U.S. District Court for the District of Delaware, which held that Two-Way Media’s asserted patents regarding Internet multicasting were patent ineligible under The Patent Act, 35 U.S.C. § 101. To address...
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Digest Reports Federal Circuit Flash Digest Patent
Weaver v. Myers: Supreme Court of Florida Reaffirms that the Right of Privacy is not Retroactively Destroyed by Death. Weaver v. Myers et al., SC15-1538 (Supreme Court of Florida Nov. 9, 2017) hosted by justia.com. Last week, the Supreme Court of Florida rendered a 4-3 decision in  Weaver v. Myers. The Court decided that, under the Florida Constitution, the right to privacy is attached during the life of a citizen and cannot be retroactively destroyed by death. By doing...
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Digest Reports Privacy
A Legal Anatomy of AI-generated Art: Part I Jessica Fjeld is a Lecturer on Law at Harvard Law School and a Clinical Instructor in the Cyberlaw Clinic at the Berkman Klein Center for Internet & Society. Mason Kortz is a Clinical Instructional Fellow at the Clinic. This Comment is the first in a two-part series on how lawyers should think about art generated by artificial intelligences, particularly with...
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Copyright Digest Commentary
Smart Systems Innovations v. Chicago Transit Authority: Federal Circuit Affirms Patent Ineligibility of Open Payment Technology for Mass Transit Systems Smart Systems Innovations v. Chicago Transit Authority, 873 F.3d 1364 (Fed. Cir. 2017) Last month, in Smart Systems Innovations v. Chicago Transit Authority, 873 F.3d 1364 (Fed. Cir. 2017), the Federal Circuit affirmed a district court ruling that claims from four patents for mass transit open payment technologies were patent ineligible under 35 U.S.C. § 101 (”Section 101”). Since 2014...
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Digest Reports Patent
US v. Glassdoor: Ninth Circuit Compels Website to Disclose Anonymous Users’ Identities United States v. Glassdoor, No. 17-16221 (9th. Cir. Nov. 8, 2017). Last month, the Ninth Circuit heard arguments in United States v. Glassdoor, No. 17-16221 (9th Cir. Nov. 8, 2017), an appeal from the United States District Court for the District of Arizona. The lower court denied Glassdoor’s motion to quash a grand jury subpoena that would force the employer...
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Digest Reports First Amendment
3M v. Thunder Finish: 3M Sues Shanghai-Based Thunder Finish for Patent and Trademark Infringements of Its Paint Preparation System Technology Complaint, 3M Company et al v. Thunder Finish, Ltd., No. 3:17-cv-00725 (W.D. Wis. Sep. 22, 2017) complaint hosted by ipwatchdog.com On September 22, 2017, 3M Company and 3M Innovative Properties Co. (together, “3M”), a technology and materials company and its subsidiary based in Saint Paul, MN, filed a lawsuit in the Western District of Wisconsin against Thunder Finish Co. Ltd. (“Thunder...
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Digest Reports Patent Trademark
Google v. Equustek: United States Federal Court Declares Canadian Court Order Unenforceable Google LLC v. Equustek Solutions Inc., 2017 WL 5000834 (N.D. Cal. Nov. 2, 2017) hosted by law.scu.edu Last week, the District Court for the Northern District of California granted Google’s motion for preliminary injunctive relief in Google LLC v. Equustek Solutions Inc., 2017 WL 5000834 (N.D. Cal. Nov. 2, 2017). Google sought an order and declaratory statement that a Canadian...
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Digest Reports First Amendment
Flash Digest – News in Brief Qualcomm sues Apple (again), for breach of software license agreement In a continuation of a protracted legal battle, Qualcomm Inc. now alleges Apple Inc. violated the terms of the former’s software license. The suit, filed in a California state court in San Diego on November 1, alleges Apple shared aspects of Qualcomm modems’ proprietary code with Intel Corp’s engineers and...
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Digest Reports First Amendment Flash Digest
Flo & Eddie v. Sirius: Florida Supreme Court Rejects Exclusive Performance Right in Pre-1972 Sound Recordings Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. SC16-1161 (Fla. October 26, 2017), hosted by eff.org The Supreme Court of Florida, in answering questions certified by the United States Court of Appeal for the Eleventh Circuit, ruled on a copyright issue concerning pre-1972 sound recordings, which are not covered under Federal Copyright law. In agreement with the United...
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Copyright Digest Reports First Amendment
Attias v. CareFirst: CareFirst Petitions for Cert to Decide Standard of Harm in Data Breach Cases Petition for Writ of Certiorari, Attias v. CareFirst, Inc., 865 F.3d 620 (D.C. Cir. 2017), No. ______. Petition hosted by Reuters. On August 15, 2017, CareFirst petitioned for certiorari in Attias v. CareFirst. The case concerned a proposed class action filed against CareFirst after a hacker breached the database of the national health insurer. In June 2014, an unknown hacker...
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Digest Reports First Amendment Privacy
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