Algorithmic Due Process: Mistaken Accountability and Attribution in State v. Loomis Algorithms are eating the world.[1] Every industry, from education to health to finance to media, is embracing algorithmic trends,[2] and the justice system is no exception. Police departments are engaging algorithms to make communities safer.[3] States are using algorithms to replace outdated, discriminatory bail systems.[4] And parole boards are relying on algorithms to reduce recidivism risk.[5] On the whole, algorithms in the law are promising...
Continue reading
Digest Notes
Federal Circuit Flash Digest – Cases in Brief The PTAB, on appeal, must restrict its reasoning to using materials addressed by the Examiner so to give parties proper notice. Honeywell Int’l Inc. v. Mexichem Amanco Holding S.A. De. C.V., No. 2016-1996 (Fed. Cir. Aug. 1, 2017). The United States Court of Appeals for the Federal Circuit overturned a Patent Trial and Appeal Board (“PTAB”) finding that a patent...
Continue reading
Federal Circuit Flash Digest
Federal Circuit Flash Digest – Cases in Brief Patent Applicant Appealing a Patent and Trial Appeal Board Decision in District Court Must Pay All Expenses Including Attorney’s Fees Nantkwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017). In Nantkwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017), the Federal Circuit reversed the decision of the District Court for the Eastern District of Virginia which...
Continue reading
Federal Circuit Flash Digest
Kroger v. Lidl: Kroger sues new entrant Lidl for trademark and service mark infringement of its private label brand “Private Selection” Complaint for Trademark Infringement, The Kroger Co. v. Lidl US, LLC, No. 3:17-cv-00480-JAG (E.D. Va. Jun. 30, 2017), complaint hosted by IPWatchdog Kroger, the nation’s largest grocery chain, is suing German discount grocery chain Lidl for trademark and service mark infringement over Lidl’s private label grocery brand, “Preferred Selection,” which Kroger claims is “confusingly similar” to Kroger’s private label brand...
Continue reading
Trademark
Facebook v. United States: Facebook cites First Amendment in challenge to government non-disclosure order Notice to Potential Amici Curiae, Facebook, Inc. v. United States, Nos. 17-SS-388, 17-SS-389, No. 17-SS-390 (D.C. June 14, 2017), notice hosted by the American Civil Liberties Union On June 14, 2017, the District of Columbia Court of Appeals issued an order permitting Facebook to provide notice to parties that have an interest in serving as amici curiae in the social...
Continue reading
First Amendment Jurisdiction D.C. Circuit Decisions
EPIC v. PACEI: President Trump’s Election Commission Asks States to Wait to Disclose Voter Data in Response to Flood of Lawsuits Complaint for Injunctive Relief, Electronic Privacy Information Center v. Presidential Advisory Commission on Election Integrity, No. 17-1320 (D.D.C. July 3, 2017), complaint hosted by EPIC.org  This week President Trump’s Advisory Commission on Election Integrity temporarily halted its efforts to collect sensitive voter information from states until a federal judge ruled on a complaint filed against the Commission by Electronic Privacy...
Continue reading
Privacy Jurisdiction District Courts
Copyright Office Releases Report on DMCA 1201 17 U.S.C. § 1201 (1998); U.S. Copyright Off,, Rep. on Section 1201 of Title 17 (2017)  On June 22, 2017, the United States Copyright Office released the first comprehensive public report assessing 17 U.S.C. Section 1201, also known as the Anti-Circumvention Provision. The controversial legislation, which makes it illegal to circumvent any technological protection measure (“TPM”) that controls access to copyrighted...
Continue reading
Copyright Digital Millennium Copyright Act
Twitter v. Sessions: Twitter’s First Amendment Lawsuit Against the Government Advances After Three Years in Court Order Denying Government’s Motion for Summary Judgment Without Prejudice; Granting Twitter’s Motion for Order Directing Defendants to Expedite Security Clearance, Case No. 14-cv-04480-YGR (N.D. Cal. 2017) order hosted by documentcloud.org  It has become a tradition for technology companies to disclose the number of government requests for account information and content removal in biannual Transparency Reports. In 2014, under executive agency...
Continue reading
Privacy First Amendment
Google v. Equustek: The Supreme Court of Canada Orders Google to De-Index Globally Google Inc., v. Equustek Solutions Inc., [2017] 1 S.C.R. 34 (Can.) opinion hosted by lexum.com.  In a 7-2 decision, the Supreme Court of Canada ordered Google to delist certain webpages from its search engine pending a patent infringement trial. Rather than limiting the order to Google’s Canadian site, the Court required Google to delist the webpages globally. In so holding...
Continue reading
Patent First Amendment Jurisdiction
hiQ Labs v. LinkedIn: Is Scraping Public Data Protected Speech? hiQ Labs, Inc. v. LinkedIn Corporation, No. 3:17-cv-03301 (N.D. Cal. 2017), complaint hosted by Law.com  On May 23, 2017, LinkedIn’s Senior Litigation Counsel Mr. Abishek Bajoria sent talent management company hiQ Labs a cease and desist (C&D) letter which claimed that hiQ violated its User Agreement by scraping, copying, and sharing the profiles and information of LinkedIn users. The C&D...
Continue reading
Copyright Digital Millennium Copyright Act Internet
Previous Page Next Page