Flash Digest – News in Brief Posted on March 08, 2018 FCC Chairman Pai’s Strategy to Develop 5G Networks Requires Congressional Action On February 26, FCC Chairman Ajit Pai announced the Commission’s plan to escalate development of 5G spectrum in the United States. Developing 5G networks, the Chairman said, will enable the U.S. to remain competitive in the emerging industries that 5G deployment is expected to support, such as development of...
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Campbell v. Facebook: California District Judge Approves Final Class Action Settlement Over Facebook’s Use of URL Data Posted on March 07, 2018 Order Granting Final Approval to Class Action Settlement; Granting Motion for Attorneys’ Fees and Service Awards, Matthew Campbell, et al. v. Facebook, Inc., No. 13-cv-05996, (N.D. Cal. Aug. 18, 2017), hosted by JUSTIA. On August 18, 2017, Judge Phyllis Hamilton of the Northern District of California granted final approval of a class action settlement in a lawsuit filed against Facebook...
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Rearden v. Walt Disney Co.: District Court Rejects Puzzling Copyright Allegation but Permits Patent and Trademark Claims to Move Forward Posted on March 06, 2018 Rearden LLC v. Walt Disney Co., No. 17-cv-04006-JST (N.D. Cal. February 21, 2018) What if Disney, in creating its live-action Beauty and the Beast remake, did not own the intellectual property (“IP”) rights for its iconic Beast character? This was one of the many questions Judge Tigar of the US District Court for the Northern District of California was forced...
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Waymo v. Uber: Surprise Settlement Five Days into Trial Posted on March 03, 2018 On February 9th, only five days into a trial that was expected to go on for weeks, Uber settled a legal battle with Waymo over the latter’s accusation of stolen trade secrets relating to self-driving car technology. Under the settlement agreement, Uber will pay Waymo 0.34% of its equity, a share which is valued at approximately $245 million. The settlement...
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Federal Circuit Flash Digest – Aatrix Software, Inc. v. Green Shades Software, Inc. Posted on February 28, 2018 Aatrix Software, Inc. v. Green Shades Software, Inc., No. 2017-1452, 2018 WL 843288 (Fed. Cir. Feb. 14, 2018) In Aatrix Software, Inc. v. Green Shades Software, Inc., the U.S. Court of Appeals for the Federal Circuit vacated the U.S. District Court for the Middle District of Florida’s grant of a motion to dismiss Aatrix Software, Inc.’s (“Aatrix”) patent infringement claim...
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Oath Holdings v. Ajemian: Who Can Access Your Email Post-Mortem? Posted on February 26, 2018 Petition for Writ of Certiorari, Oath Holdings, Inc., v. Ajemian, No. 17-1005 (U.S. Jan. 16, 2018), petition hosted by SCOTUSblog.  Brief in Opposition (Feb. 20, 2018), brief hosted by SCOTUSblog.  Yahoo! Inc. (“Yahoo”) filed a petition for certiorari to the Supreme Court to provide an answer to whether an intestate’s email information can be shared with a court-appointed executor under...
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Federal Circuit Flash – Advanced Video v. HTC: Federal Circuit Affirms Decision that Plaintiff Lacks Standing Because Co-Owner of Patent-In-Suit Was Not Party Posted on February 23, 2018 Advanced Video Techs LLC v. HTC Corp., No. 2016-2309, 2018 WL 357609 (Fed. Cir. Jan. 11, 2018). In Advanced Video Techs LLC v. HTC Corp., Advanced Video Techs LLC (“Advanced Video”) sued HTC America, Inc., Blackberry LTD, Blackberry Corporation, and Motorola Mobility LLC for patent infringement in the District Court for the Southern District of New York.  The district court dismissed...
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Prometheus Radio Project v. FCC: Third Circuit Denies Petition to Stay FCC’s Deregulation of Local Broadcast Ownership Rules Posted on February 22, 2018 Order Denying Emergency Petition, Prometheus Radio Project et al. v. Federal Communications Commission, No. 18-1167 (3rd Cir. Feb. 7, 2018), hosted by FCC.gov. Last week, the Third Circuit issued an order denying an emergency petition to stay the FCC’s decision in November to deregulate local broadcast ownership rules, finding that the petitioner activist groups had not “satisfied the exacting standard...
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BMG v. Cox: Court of Appeals Denies DMCA Safe Harbor in Landmark Copyright Case Posted on February 21, 2018 BMG Rights Mgmt. (US) LLC v. Cox Commc’n., Inc., Nos. 16-1972, 17-135 (4th Cir. Feb. 1, 2018), slip opinion, hosted by Justia.com. On February 1, the Federal Court of Appeals for the Fourth Circuit issued a mixed ruling in a dispute about copyright enforcement online, a decision likely to have lasting effects for content owners and internet service providers alike...
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Hancock v. County of Rensselaer: Second Circuit Reinstates Lawsuit Over Improper Medical Records Access Posted on February 20, 2018 Hancock v. Cty. of Rensselaer, No. 16-2888, 2018 U.S. App. LEXIS 3090 (2d Cir. Feb. 9, 2018). Last week, the Second Circuit issued a decision in an appeal of a judgment from the United States District Court for the Northern District of New York, affirming in part and vacating in part the district court’s ruling which granted summary judgment to...
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