New York Appellate Court Rejects Demand for Facebook Records By Irina Oberman – Edited by Ian C. Wildgoose Brown McCann v. Harleysville Ins. Co. of N.Y., No. 10-00612, 1179 (N.Y.A.D. 4 Dept. Nov. 12, 2010) Slip Opinion The Appellate Division of the Supreme Court of the State of New York affirmed the Supreme Court’s denial of defendant’s motion to compel disclosure of photographs on Facebook and defendant’s motion for authorizedaccess to plaintiff’s Facebook account. The Supreme Court had ruled that defendant’s first request was “overly broad,” ... Read More...
Archive for the ‘Jurisdiction’ Category
USPTO Patent Denial Lawsuits Subject to FRE and FRCP By Harry Zhou – Edited by Ian C. Wildgoose Brown Hyatt v. Kappos, No. 07-1066 (Fed. Cir. Nov. 8, 2010) (en banc) Slip Opinion The U.S. Court of Appeals for the Federal Circuit, sitting en banc, vacated and remanded the decision of the U.S. District Court for the District of Columbia, which had ruled that a patent applicant is barred from introducing new facts into evidence in a civil action against the United States Patent and Trademark Office (“USPTO”) brought ... Read More...
Federal Circuit rules that prosecution laches requires evidence of prejudice By Jonathan Allred – Edited by Elizabeth Akerman Cancer Research Technology Ltd. v. Barr Laboratories, Inc., No. 2010-1204 (Fed. Cir. Nov. 9, 2010) Slip Opinion The Federal Circuit overturned the District Court of Delaware, which had ruled that the plaintiff’s patent was unenforceable for prosecution laches, and, in the alternative, invalid for inequitable conduct. Prosecution laches is an equitable defense to infringement when the plaintiff has delayed the prosecution of ... Read More...
The U.S. Government’s View on Gene Patentability Likely Changed By Harry Zhou — Edited by Matt Gelfand Brief for the United States as Amicus Curiae Supporting Neither Party, Association for Molecular Pathology v. USPTO, No. 10-1406 (Fed. Cir.) Brief hosted by the New York Times On October 29, the U.S. Department of Justice (“DOJ”) filed an amicus curiae brief in the U.S. District Court for the Federal Circuit in Association for Molecular Pathology v. USPTO, No. 10-1406. In its brief, the ... Read More...
District Court Dismisses Facebook User’s Claims that Account Termination Violated First and Fourteenth Amendments and Various State Laws By Samantha Kuhn – Edited by Matt Gelfand Young v. Facebook, Inc., 5:10-cv-03579-JF/PVT (N.D. Cal. Oct. 25, 2010) Opinion hosted by Justia.com On October 25, 2010, the U.S District Court for the Northern District of California granted Facebook’s motion to dismiss Karen Beth Young’s complaint that, in terminating her account, Facebook violated the First and Fourteenth Amendments as well as state contract ... Read More...
