Flash Digest – News in Brief Posted on February 19, 2018 Court Easily Dismisses Patent Troll in Cloudflare Lawsuit Order Granting Motion for Judgment on the Pleadings and Granting Motion to Dismiss, Blackbird Tech LLC v. Cloudfare Inc., No. 17-cv-06883-VC (N.D. Cal. Feb. 12, 2018) Internet infrastructure firm Cloudflare emerged victorious on Monday, February 12 in a patent infringement suit brought by Blackbird Technologies. “Patent troll” Blackbird has collected dozens of...
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WesternGeco v. ION Geophysical: SCOTUS to Decide Whether Damages for Domestic Patent Infringement Should Include Profits Lost Overseas Posted on February 18, 2018 Petition for Writ of Certiorari, WesternGeco LLC v. ION Geophysical Corp., No. 16-1011 (U.S.  Feb. 17, 2017), petition hosted by SCOTUSblog. Brief in Opposition, (Apr. 19, 2017), brief hosted by SCOTUSblog. Petitioner’s Reply Brief (May 8, 2017), brief hosted by SCOTUSblog. Last month, the Supreme Court of the United States agreed to hear an appeal from the Court of Appeals...
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Flash Digest – News in Brief Posted on February 12, 2018 Court Orders Town to Reimburse $3 Million in Unconstitutional Speed Camera Tickets The Ohio Court of Appeals ordered the town of New Miami, Ohio to pay back over $3 million in speed camera tickets, affirming a lower court decision from 2017, and ending a six-year legal battle over the town’s speed camera usage. New Miami is a tiny town –...
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TiVo v. Comcast: TiVo Files New Round of Patent Infringement Actions Against Comcast Posted on February 10, 2018 Complaint for Patent Infringement, Rovi Guides, Inc. v. Comcast Corp., No. 2:18-cv-00253 (C.D. Cal. Jan. 10, 2018); Complaint for Patent Infringement, Veveo, Inc. v. Comcast Corp., No. 1:18-cv-10056 (D. Mass. Jan. 10, 2018). Complaints (CA/MA) hosted by IPWatchdog. On January 10, 2018, two subsidiaries of TiVo Corporation (“TiVo”) brought patent infringement actions against Comcast Corporation (“Comcast”) seeking enhanced damages and...
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Schrems v. Facebook: CJEU Accepts Facebook User as Consumer but Disallows Class Action Under Special Jurisdiction Rule Posted on February 05, 2018 Maximilian Schrems v. Facebook Ireland Limited, judgment of 25 January 2018, C-498/16, EU:C:2018:37 On January 25, 2018, the Court of Justice of the European Union (“CJEU”) rendered an important jurisdictional decision against Facebook. The gist of the dispute was whether users could use the “consumer forum” special jurisdiction rule in (1) their own claims against Facebook or (2) for claims...
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Teva v. Eli Lilly: Teva argues Lilly is infringing migraine drug patent in the United States Posted on December 08, 2017 Complaint for Declaratory Judgment and Injunctive Relief, Teva Pharmaceuticals International GmbH v. Eli Lilly and Company, No. 1:17-cv-12087 (D. Mass., Oct. 24, 2017), complaint hosted by FDAnews.com. On October 24, 2017, Teva Pharmaceuticals International GmbH (“Teva”) brought a patent infringement action for a declaratory judgment against Eli Lilly and Company (“Lilly”). The lawsuit seeks damages and an injunction that would...
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Uber’s August Settlement with the FTC and New Data Insecurity Revelations Posted on December 06, 2017 This August, Uber settled FTC allegations of deceptive privacy and data security claims by agreeing to a privacy program and obtaining regular and independent audits. The FTC alleged that Uber falsely told its customers their personal information was monitored by data security specialists on an ongoing basis and that Uber was providing reasonable security for its customers’ personal information stored...
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Flash Digest – News in Brief Posted on December 05, 2017 Supreme Court Hears Oral Argument in Cell Phone Privacy Case The Supreme Court heard oral argument on November 29 in Carpenter v. United States, No. 16-402 (2017), the latest case testing the boundaries of digital privacy. The case presents the question of whether, under the Fourth Amendment, police should be required to obtain a search warrant before acquiring a user’s...
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Columbia v. Seirus: Damages Verdict Generates Interest For Future of Design Patents Posted on December 04, 2017 Columbia Sportwear North America, Inc. v. Seirus Innovative Accessories, Inc., Nos. 3:17-cv-01781-HZ (S.D.Cal. September 29, 2017), verdict hosted by Patently-O blog, 3:15-cv-00064-HZ 2016 WL 4238640 (D. Oregon August 10, 2016), opinion hosted by Patently-O blog. A California district court jury reached a damages verdict for Columbia Sportwear of just over $3 million for Seirus’s infringement of Columbia’s design patent for...
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Federal Circuit Flash Digest – BASF Corp. v. Johnson Matthey Inc. Posted on December 03, 2017 BASF Corp. v. Johnson Matthey Inc., No. 2016-1770, 2017 WL 5559629 (Fed. Cir. Nov. 20, 2017) Last week, in BASF Corp. v. Johnson Matthey Inc., No. 2016-1770, 2017 WL 5559629 (Fed. Cir. Nov. 20, 2017), the U.S. Court of Appeals for the Federal Circuit reversed and remanded a decision by the U.S. District Court for the District of Delaware. The...
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