US v. Glassdoor: Ninth Circuit Compels Website to Disclose Anonymous Users’ Identities

By Brian Kulp – Edited by Alena Farber
United States v. Glassdoor, No. 17-16221 (9th. Cir. Nov. 8, 2017). Last month, the Ninth Circuit heard arguments in United States v. Glassdoor, No. 17-16221 (9th Cir. Nov. 8, 2017), an appeal from the United States District Court for the District of Arizona. The lower court denied Glassdoor’s motion to quash a grand jury subpoena that would force the employer...
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Digest Reports First Amendment
3M v. Thunder Finish: 3M Sues Shanghai-Based Thunder Finish for Patent and Trademark Infringements of Its Paint Preparation System Technology

By Stella Weizhi Mao – Edited by Tony Lee
Complaint, 3M Company et al v. Thunder Finish, Ltd., No. 3:17-cv-00725 (W.D. Wis. Sep. 22, 2017) complaint hosted by ipwatchdog.com On September 22, 2017, 3M Company and 3M Innovative Properties Co. (together, “3M”), a technology and materials company and its subsidiary based in Saint Paul, MN, filed a lawsuit in the Western District of Wisconsin against Thunder Finish Co. Ltd. (“Thunder...
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Digest Reports Patent Trademark
Google v. Equustek: United States Federal Court Declares Canadian Court Order Unenforceable

By Alicia Loh – Edited by Mark Weston
Google LLC v. Equustek Solutions Inc., 2017 WL 5000834 (N.D. Cal. Nov. 2, 2017) hosted by law.scu.edu Last week, the District Court for the Northern District of California granted Google’s motion for preliminary injunctive relief in Google LLC v. Equustek Solutions Inc., 2017 WL 5000834 (N.D. Cal. Nov. 2, 2017). Google sought an order and declaratory statement that a Canadian...
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Digest Reports First Amendment
Flash Digest – News in Brief

By Ryan Giarusso – Edited by Jonathan Korn
Qualcomm sues Apple (again), for breach of software license agreement In a continuation of a protracted legal battle, Qualcomm Inc. now alleges Apple Inc. violated the terms of the former’s software license. The suit, filed in a California state court in San Diego on November 1, alleges Apple shared aspects of Qualcomm modems’ proprietary code with Intel Corp’s engineers and...
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Digest Reports First Amendment Flash Digest
Flo & Eddie v. Sirius: Florida Supreme Court Rejects Exclusive Performance Right in Pre-1972 Sound Recordings

By Niklas Andree – Edited by Oladeji M. Tiamiyu
Flo & Eddie, Inc. v. Sirius XM Radio, Inc., No. SC16-1161 (Fla. October 26, 2017), hosted by eff.org The Supreme Court of Florida, in answering questions certified by the United States Court of Appeal for the Eleventh Circuit, ruled on a copyright issue concerning pre-1972 sound recordings, which are not covered under Federal Copyright law. In agreement with the United...
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Copyright Digest Reports First Amendment
Attias v. CareFirst: CareFirst Petitions for Cert to Decide Standard of Harm in Data Breach Cases

By Amy Aixi Zhang – Edited by Eric Lim
Petition for Writ of Certiorari, Attias v. CareFirst, Inc., 865 F.3d 620 (D.C. Cir. 2017), No. ______. Petition hosted by Reuters. On August 15, 2017, CareFirst petitioned for certiorari in Attias v. CareFirst. The case concerned a proposed class action filed against CareFirst after a hacker breached the database of the national health insurer. In June 2014, an unknown hacker...
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Digest Reports First Amendment Privacy
Aqua Products Inc. v. Matal: Federal Circuit Rules on the Burden of Proof in Inter Partes Review

By Louis Yang – Edited by Secil Bilgic
Aqua Products, Inc. v. Matal, 872 F.3d 1290 (Fed. Cir. 2017). Last month, the Federal Circuit vacated the Patent Trial and Appeals Board (“PTAB”) decision that had denied a motion to amend during inter partes review (“IPR”). The case arose when Zodiac Pool Systems, Inc. petitioned for IPR regarding Aqua Products’s patent for an automated swimming pool cleaner. Aqua moved...
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Digest Reports First Amendment Patent
Flash Digest – News in Brief

By Johanna McDavitt – Edited by Chrysonthia Horne
European Union Moves to Impose Stricter Online Privacy Regulations The European Parliament has approved the latest draft of the proposed e-Privacy Regulation. According to a briefing by the European Parliamentary Research Service, the objectives of the proposed Regulation are “enhancing security and communications confidentiality; defining clearer rules on tracking technologies such as cookies; and achieving greater harmonisation among Member States.”...
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Digest Reports First Amendment Flash Digest
​DOJ Tightens Requirements for Obtaining SCA Non-Disclosure Orders

By Lilianna Rembar – Edited by Zachary Smith
On October 19, 2017, Deputy Attorney General Rod Rosenstein issued a memorandum to United States attorneys and agents that directed their use of protective orders (also called non-disclosure orders) pursuant to 18 U.S.C. § 2705(b) of the Stored Communications Act (“SCA”). The SCA allows the government to issue subpoenas, search warrants, and court orders to retrieve information from companies that...
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Digest Reports First Amendment Privacy
McHenry Introduces PROTECT Act of 2017 to Require Credit Bureaus to Broaden Cybersecurity Supervision and Phase Out SSN Use

By Saranna Soroka – Edited by Wendy Chu
PROTECT Act of 2017, H.R. 4028, 115th Cong. (2017). On October 12, 2017, Representative Patrick McHenry (R-NC) introduced H.R. 4028, the Promoting Responsible Oversight of Transactions and Examinations of Credit Technology Act of 2017 (“PROTECT Act”). The proposed legislation would amend the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. § 3301) by providing a “national framework” for...
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Digest Reports First Amendment Privacy