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Archive for the ‘Jurisdiction’ Category

Federal Circuit Grants Privilege to Clients’ Communications with non-Attorney Patent Agents

By Kevin Crenny – Edited by Stacy Ruegilin

The Court of Appeals for the Federal Circuit overcame general presumptions against finding new forms of privilege, ruling that certain communications between non-attorney patent agents and their clients may be protected against discovery. The court extended privileged status to communications that relate to “obtaining legal advice on patentability and legal services.”

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Posted On Mar - 22 - 2016 Comments Off READ FULL POST

Belgian Court Demands that Facebook Stop Tracking Non-Members

By Mila Owen – Edited by Kayla Haran

The Belgian Privacy Commission requested a cessation order against Facebook regarding their practice of placing “datr” cookies on devices of non-Facebook users to track activity on other Facebook pages or on pages containing the “like” or “share” button. The court ruled that this tracking violates the Belgian Privacy Act because it amounts to the collection and “processing of personal data.”

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Posted On Dec - 10 - 2015 Comments Off READ FULL POST

Second Circuit holds employer-disparaging Facebook activity protected by labor law

By Bhargav Srinivasan – Edited by Henry Thomas

Triple Play sports bar fired two employees after they responded to a Facebook post from a coworker suggesting that the bar improperly filed its taxes.  The NLRB found that the Facebook activity was protected concerted speech.  On appeal, the Second Circuit affirmed the decision of the NLRB, rejecting Triple Play’s theory that the profanity in the Facebook comment was made in the presence of customers and lost protection.  While the case was non-precedential, it departed from the trend of courts finding similar firings permissible.

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Posted On Nov - 17 - 2015 Comments Off READ FULL POST

Supreme Court Poised to Overrule Federal Circuit Again in Upcoming Patent Case

By Adi Kamdar – Edited by Travis West

The Supreme Court announced it would take up two parallel patent cases this term, Stryker Corp. v. Zimmer, Inc. and Halo Electronics, Inc. v. Pulse Electronics, Inc., regarding the Federal Circuit’s strict standard for awarding enhanced damages for willful patent infringement — a standard that does not comport with recent high court rulings. Commentators predict the Supreme Court will overrule the Federal Circuit, continuing a clear trend that materialized through the Court’s last few terms.

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Posted On Nov - 4 - 2015 Comments Off READ FULL POST

Analyzing the Equals Three v. Jukin Media Opinion

By Feiran (Felicia) Chen- Edited by Yiran Zhang

The court held that  Equals Three’s videos favored fair use as commenting on viral videos is transformative with the exception of one episode.

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Posted On Nov - 4 - 2015 Comments Off READ FULL POST
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Flash Digest: News i

By Jaehwan Park - Edited by Kayla Haran Bipartisan Lawmakers Introduce ...

13399-surveillance_news

Second Circuit Prohi

By Filippo Raso – Edited by Shailin Thomas Microsoft v. US, ...

infringement

U.S. District Court

By Emily Chan – Edited by Evan Tallmadge In re TC ...

Senate

Congresswoman Speier

By Priyanka Nawathe – Edited by Henry Thomas H. R. Bill ...

Photo By: Robert Scoble - CC BY 2.0

Oracle Renews Motion

[caption id="attachment_3907" align="alignleft" width="175"] Photo By: Robert Scoble - CC ...