Flash Digest – News in Brief

By Madeline Salinas – Edited by Ben Gunning
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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Digest Reports Flash Digest Fourth Amendment
Campbell v. Facebook: California District Judge Approves Final Class Action Settlement Over Facebook’s Use of URL Data

By Ashwini Bharatkumar – Edited by Lilianna Rembar
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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Digest Reports Privacy
Rearden v. Walt Disney Co.: District Court Rejects Puzzling Copyright Allegation but Permits Patent and Trademark Claims to Move Forward

By Brian Kulp – Edited by Princess Daisy Akita
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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Digest Reports Patent
Goldman v. Breitbart News Network: The Click Rule: Re-Examining Whether Embedding Copyrighted Material is Infringement

By Rex Bray III – Edited by L. Ash Smith
Goldman v. Breitbart News Network, No. 17-CV-3144 (KBF) (S.D.N.Y. Feb. 15, 2018), hosted by EFF.org. The U.S. District Court for the Southern District of New York held that websites embedding a tweet containing a copyrighted image violated copyright to the image. In so holding, the court rejected the Ninth Circuit’s “server test,” originally from Perfect 10, Inc. v. Amazon.com, Inc....
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Copyright Digest Reports
Waymo v. Uber: Surprise Settlement Five Days into Trial

By Nanding Chen – Edited by Alena Farber
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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Digest Reports Trade Secrets
Federal Circuit Flash Digest – Aatrix Software, Inc. v. Green Shades Software, Inc.

By Nancy Zhu – Edited by Louis Yang
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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Digest Reports Federal Circuit Flash Digest Patent
Oath Holdings v. Ajemian: Who Can Access Your Email Post-Mortem?

By Oladeji M. Tiamiyu — Edited by Daisy Joo
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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Digest Reports Privacy
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

By Kevin Chu – Edited by Reshma Lutfiali
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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Digest Reports Federal Circuit Flash Digest Patent
Prometheus Radio Project v. FCC: Third Circuit Denies Petition to Stay FCC’s Deregulation of Local Broadcast Ownership Rules

By Nati Hyojin Kim – Edited by William McClure
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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Digest Reports Telecommunications
BMG v. Cox: Court of Appeals Denies DMCA Safe Harbor in Landmark Copyright Case

By Oliver Brown – Edited by Doug Stephens IV
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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Copyright Digest Reports