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...
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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...
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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...
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Copyright Digital Millennium Copyright Act Internet
Federal Circuit Flash Digest – Cases in Brief Presumption of “Means-Plus-Function” Can Be Overcome If the Term Recites Sufficient Structure Skky, Inc. v. MindGeek s.a.r.l., No. 2016-2018 (Fed. Cir. June 7, 2017) In its recent opinion Skky, Inc. v. MindGeek s.a.r.l., No. 2016-2018 (Fed. Cir. June 7, 2017), the Federal Circuit affirmed the decision of the Patent Trial and Appeal Board (PTAB) that a claim term reciting sufficient...
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Federal Circuit Flash Digest
Microsoft v. United States: DOJ Petitions for Certiorari in Microsoft Ireland, Argues that Probable-Cause Warrants Require Service Providers to Supply Data Stored Overseas Petition for a Writ of Certiorari, Microsoft Corp. v. United States, 829 F.3d 197 (2016), No. _______,  Petition hosted by Ars Technica. On Friday, June 23, the Department of Justice (DOJ) petitioned for certiorari in Microsoft v. United States. Microsoft and the DOJ first butted heads in 2013 over whether a warrant obtained under § 2703 of the Stored Communications...
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Privacy Fourth Amendment Cyberlaw
Oil States Energy Services v. Greene’s Energy Group: SCOTUS to Determine the Constitutionality of Inter Partes Review Oil State Energy Services, LLC, v. Greene’s Energy Group, LLC, 639 Fed. App'x 639 (Fed. Cir. 2016), cert. granted, (U.S. Nov. 23, 2016) (No. 16-712) petition hosted by SCOTUSBlog. On June 12th, the Supreme Court of the United States granted certiorari to Oil States v. Greene’s Energy Group, 639 Fed. App'x 639 (Fed. Cir. 2016). The issue to be decided...
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Patent Supreme Court USPTO
Impression v. Lexmark: Supreme Court Reverses Federal Circuit, Limits Scope of Post-Sale Patent Rights Impression Products, Inc. v. Lexmark Int’l, Inc., No. 15–1189, *2 (May 30, 2017) slip opinion hosted by supremecourt.gov. On May 30, the Supreme Court completely reversed the Federal Circuit’s decision in Lexmark v. Impression, unequivocally stating that “a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports...
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Patent Infringement Decisions Supreme Court
Flash Digest – News in Brief Justice Department Petitions Supreme Court to Determine U.S. Right to Overseas Data On Friday (June 23, 2017), the Department of Justice (DOJ) filed a petition asking the U.S. Supreme Court to hear a case determining whether U.S. search warrants extend to data stored abroad. The petition follows as the next step in a four-year battle between the government and Microsoft...
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Flash Digest
Commonwealth v. Michelle Carter: Involuntary Manslaughter Conviction for Encouraging Suicide Over Text and Phone Commonwealth v. Michelle Carter, No. 15YO0001NE (Mass. Juv. Ct. June 16, 2017) verdict hosted by NYTimes.com In Commonwealth v. Michelle Carter, No. 15YO0001NE (Mass. Juv. Ct. June 16, 2017) verdict hosted by NYTimes.com, Judge Moniz of the Bristol County Juvenile Court convicted the 20-year-old defendant of involuntary manslaughter for encouraging her then-boyfriend, Conrad Roy III, to commit suicide by communicating...
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First Amendment State Courts
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