Flo & Eddie v. Sirius: Florida Supreme Court Rejects Exclusive Performance Right in Pre-1972 Sound Recordings Posted on November 14, 2017 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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Attias v. CareFirst: CareFirst Petitions for Cert to Decide Standard of Harm in Data Breach Cases Posted on November 13, 2017 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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Aqua Products Inc. v. Matal: Federal Circuit Rules on the Burden of Proof in Inter Partes Review Posted on November 08, 2017 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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Flash Digest – News in Brief Posted on November 07, 2017 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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​DOJ Tightens Requirements for Obtaining SCA Non-Disclosure Orders Posted on November 06, 2017 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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McHenry Introduces PROTECT Act of 2017 to Require Credit Bureaus to Broaden Cybersecurity Supervision and Phase Out SSN Use Posted on November 02, 2017 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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Senate Announces Bipartisan Bill to Regulate Online Political Ads Posted on November 01, 2017 Honest Ads Act, S. 1989, 115th Cong. (2017). On October 19, 2017, Senators Mark Warner (D-VA), Amy Klobuchar (D-MN), and John McCain (R-AZ) announced S. 1989 (“Honest Ads Act”) to regulate political advertisements on the internet. A direct response to disclosures of Russian meddling in the 2016 election, the bill would subject online advertising to the transparency rules that govern...
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Williams v. Gaye: “Blurred Lines” Appeal Hearing Centers on Admissibility of Evidence About Original Sound Recording Posted on October 31, 2017 Recording of Oral Arguments, Williams v. Gaye, No. 15-56880 (9th Cir. 2017), On October 6th, 2017, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments in the appeal of the controversial “Blurred Lines” case. In the 2015 trial court proceedings, the jury rendered a verdict finding Pharrell Williams and Robin Thicke liable for copyright infringement, based on...
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Allergan, Inc. v. Teva Pharms.: Federal Court Invalidates Allergan Patents as Obvious Posted on October 30, 2017 Allergan, Inc. v. Teva Pharms. USA, Inc., No. 2:15-cv-1455-WCB (Fed. Cir. Oct. 16, 2017) hosted by ipwatchdog.com. Last week, the United States Federal District Court for the Eastern District of Texas invalidated four key patents held by Allergan for its best-selling dry-eye medication Restasis in Allergan, Inc. v. Teva Pharms. USA, Inc., No. 2:15-cv-1455-WCB (Fed. Cir. Oct. 16, 2017) hosted...
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EU-U.S. Privacy Shield Passes its First Annual Review Posted on October 29, 2017 Report from the Commission to the European Parliament and the Council on the First Annual Review of the Functioning of the EU-U.S. Privacy Shield, COM (2017) 611 final (Oct. 18, 2017), hosted by the European Commission. On October 18, 2017, the European Commission published its first annual report on the EU-U.S. Privacy Shield, a framework governing the exchange of personal...
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