Impression v. Lexmark: Supreme Court Reverses Federal Circuit, Limits Scope of Post-Sale Patent Rights Impression Products, Inc. v. Lexmark Int’l, Inc., No. 15–1189, *2 (May 30, 2017) slip opinion hosted by supremecourt.gov. On May 30, the Supreme Court completely reversed the Federal Circuit’s decision in Lexmark v. Impression, unequivocally stating that “a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports...
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Patent Infringement Decisions Supreme Court
Flash Digest – News in Brief Justice Department Petitions Supreme Court to Determine U.S. Right to Overseas Data On Friday (June 23, 2017), the Department of Justice (DOJ) filed a petition asking the U.S. Supreme Court to hear a case determining whether U.S. search warrants extend to data stored abroad. The petition follows as the next step in a four-year battle between the government and Microsoft...
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Flash Digest
Commonwealth v. Michelle Carter: Involuntary Manslaughter Conviction for Encouraging Suicide Over Text and Phone Commonwealth v. Michelle Carter, No. 15YO0001NE (Mass. Juv. Ct. June 16, 2017) verdict hosted by NYTimes.com In Commonwealth v. Michelle Carter, No. 15YO0001NE (Mass. Juv. Ct. June 16, 2017) verdict hosted by NYTimes.com, Judge Moniz of the Bristol County Juvenile Court convicted the 20-year-old defendant of involuntary manslaughter for encouraging her then-boyfriend, Conrad Roy III, to commit suicide by communicating...
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First Amendment State Courts
Federal Circuit Flash Digest - Cases in Brief On-Sale Bar Remains Unchanged Post-AIA The Federal Circuit in its recent opinion Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., Nos. 2016-1284, 2016-1787 (Fed. Cir. May 1, 2017) held that Congress’ revision of the novelty provision in the American Invents Act (AIA) of 2011, 35 U.S.C. § 102 did not affect existing case law on the on-sale bar to obtaining a patent...
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Federal Circuit Flash Digest
Carpenter v. United States: Armed Robbery, Cell Phones, and Warrantless Obtainment of Business Records, Oh, My! United States v. Carpenter, 819 F.3d 880 (6th Cir. 2016), cert. granted, No. 16-402, 2017 WL 2407484 (U.S. June 5, 2017) Carpenter v. United States addresses whether the government must obtain a warrant to access and use business records in connection with an investigation. Evidence, including location information from his cellular providers’ business records, led to defendant Timothy Carpenter’s conviction...
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Telecommunications Privacy Fourth Amendment
DOJ v. BMI: DOJ Argues BMI’s Fractional Licensing Practice Violates Consent Decree Brief of Appellant, United States v. Broadcast Music, Inc., No. 16-3830-cv (2d. Cir. May 18, 2017) brief hosted by DJ Counsel. On May 18, 2017, the U.S. Department of Justice (“DOJ”) filed a brief in its appeal to the United States Court of Appeals for the Second Circuit, asking the court to overturn an order from the Southern District of New York...
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Copyright Entertainment Antitrust
Flash Digest - News in Brief Electronic Frontier Foundation Sues FBI Over Warrantless “Best Buy Informant” Searches An indictment in California regarding a doctor’s possession of child pornography on his computer has raised unique legal questions implicating privacy and government informants. The illegal content was discovered by Best Buy “Geek Squad” employees who were working on the computer with the doctor’s permission but were allegedly being...
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FOIA Privacy First Amendment
[Digest Note] Predatory innovation: A response to Suzanne Van Arsdale & Cody Venzke Predatory innovation – which is defined as the alteration of one or more technical elements of a product to limit or eliminate competition – is arguably one of the most important subjects faced by antitrust law in the context of the New Economy.[1] Predatory innovation encompasses all practices that, under the appearance of genuine innovations, are anti-competitive strategies aimed at...
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Digest Note
[Digest Note] Decrypting Apple: Making Technology Companies the Referees of Law Enforcement on Privacy Introduction On February 16, 2016, United States magistrate judge Sheri Pym of United States District Court for the Central District of California ordered Apple Inc. (“Apple”) to create software enabling the Federal Bureau of Investigation (‘FBI”) to bypass the security encryption of an iPhone belonging to Syed Farook, the San Bernardino shooter. The FBI did not clearly state what information...
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Digest Note