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Archive for the ‘Jurisdiction’ Category

Federal Court Orders Apple to Unlock iPhone. Apple Refuses.

By Filippo Raso – Edited by Frederick Ding

Apple challenges federal magistrate judge’s order directing Apple to create software allowing the FBI to circumvent security measures in the San Bernardino terrorist’s iPhone. While the Department of Justice claims the court has legal authority to demand Apple’s assistance, Apple argues the order undermines broader consumer privacy and security.

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Posted On Mar - 29 - 2016 Comments Off READ FULL POST

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  While the case was non-precedential, it departed from the trend of courts finding similar firings permissible.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
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