Forward v. Biogen: Biogen Prevails in MS Drug Patent Appeal in Federal Circuit Posted on November 05, 2018 FWP IP ApS v. Biogen MA, Inc., 2018 U.S. App. LEXIS 29943 (Fed. Cir. Oct. 24, 2018), opinion hosted by Court of Appeals for the Federal Circuit. On October 24, 2018, the Federal Circuit Court affirmed a Patent Trial and Appeal Board ("PTAB") decision that determined FWP IP ApS ("Forward") was not entitled to a patent on a multiple sclerosis...
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Richard Lloyd v. Google LLC: No Liability for Acquisition and Sale of Users’ Personal Information Posted on October 31, 2018 Lloyd v. Google LLC [2018] EWHC (QB) 2599 (Eng.). Opinion In The High Court of Justice, Queen’s Bench Division, Media and Communications List, Case No: HQ17M01913 Richard Lloyd, filed suit in a representative capacity, seeking damages under the Data Protection Act for Google’s improper use of iPhone users’ personal information during the “Relevant Period” of June 1, 2011 to February 15...
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Music Modernization Act Signed Into Law Posted on October 29, 2018 Orrin G. Hatch–Bob Goodlatte Music Modernization Act (“Music Modernization Act”), Pub. L. No. 115-264 (2018), public law hosted by congress.gov. On October 11th, 2018, President Trump signed into law the Music Modernization Act, sponsored by Senator Orrin G. Hatch (R-UT) and Representative Bob Goodlatte (R-VA). The Act comprises three titles, each of which updates a distinct aspect of the protection, licensing...
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Ohio Data Protection Act: Exchanging Legal Protection for Cybersecurity Posted on October 24, 2018 Ohio Substitute Senate Bill 220, 132nd Gen. Assemb. (Ohio 2018) bill hosted by The Ohio Legislature. On August 3, 2018, Governor John Kasich signed the Ohio Data Protection Act (“Act”) into law. The Act will go into effect on November 2, 2018. A product of Ohio Attorney General, Mike DeWine’s, CyberOhio Initiative, the Act introduces an incentive-based compliance mechanism to encourage “covered...
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23andMe v. Ancestry: Court Finds ‘Finding Relatives in a Database’ Patent to Be Patent-Ineligible Subject Matter Posted on October 22, 2018 23andMe, Inc. v. Ancestry.com DNA, LLC, Ancestry.com Operations Inc., Ancestry.com LLC, No. 18-cv-02791-EMC (N.D. Cal. Sept. 23, 2018), motion to dismiss hosted by PacerMonitor.  With the rapid rise in popularity and availability of direct-to-consumer personal DNA testing, the landscape of service providers has swiftly expanded as the underlying technology has become increasingly accessible. As a result of this industry’s growth...
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Nobel Biocare Services AG v. Instradent USA, Inc: Federal Circuit Holds Dental Implant Patent Invalid Posted on October 17, 2018 Opinion hosted by Court of Appeals for the Federal Circuit. On September 13, 2018, the Federal Circuit held that six of Nobel’s claims within U.S. Patent 8,714,977 ("the ‘977 patent") were invalid as anticipated under 35 U.S.C. § 102(b). The decision affirmed that of the Patent Trial and Appeal Board after an inter partes review (IPR). The ‘977 patent was...
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Echavarria v. Facebook: Class Action Complaint Seeks Damages for the Massive Facebook Data Breach Posted on October 15, 2018 Class Action Complaint, Carla Echavarria and Derrick Walker v. Facebook, Inc., No. 5:18-cv-05982 (N.D. Cal. Sept. 28, 2018), complaint hosted by SCRIBD. On September 28, Facebook announced it had discovered a security breach three days earlier that had affected 50 million users. According to Facebook’s press release, the hackers capitalized on three different bugs in the “View As” feature to steal...
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University of California v. Broad Institute: Court Affirms Broad’s Patent on Complex Cell Gene-Editing Tool Posted on October 10, 2018 Regents of the Univ. of Cal. v. Broad Inst., No. 2017-1907 (Fed. Cir. Sep. 10. 2018), opinion hosted by Court of Appeals for the Federal Circuit. In 2012, researchers from the University of California, University of Vienna, and Emmanuelle Charpentier (collectively, “UC”) published their use of CRISPR-Cas9 to precisely cut the DNA of prokaryotes (single-celled organisms without distinct nuclei). Shortly...
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Is Your Smart Thermostat Safe from Hackers? California’s New Internet-of-Things Cybersecurity Law Seeks to Address the Issue Posted on October 08, 2018 California Senate Bill 327, 2018 Cal. Stats. ch. 886 bill hosted by California Legislative Information. On September 28, 2018, California Governor Jerry Brown signed into law Senate Bill 327 (“SB 327”), the first Internet-of-Things (“IoT”) cybersecurity bill on the books in any state. The new law will require manufacturers to equip Internet-connected devices —such as cellphones, home assistants, and other...
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Sportvision, Inc. et al v. MLB Advanced Media L.P.: MLB Accused of Stealing More Than Just Bases Posted on April 30, 2018 Complaint, Sportvision, Inc et al. v. MLB Advanced Media L.P., No. 1:18-cv-03025 (S.D.N.Y. Apr. 5, 2018), complaint hosted by SCRIBD. On April 5, 2018, Sportvision and its parent company, SportsMEDIA Technology (“SMT”), threw their first pitch in the US District Court for the Southern District of New York—and it looks like this game may well go into extra innings. When SMT acquired...
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