Introducing JOLT Digest Commentary On behalf of the JOLT Digest team, I am happy to announce that we are formally launching our new platform to host content from practitioners, professors, and non-lawyers: Digest Commentary. Digest Commentary is a platform for authors to advance opinions, offer primers, or respond to JOLT publications. For years, JOLT Digest has been JOLT's online-only companion and has provided our readership with timely updates about and...
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Digest Commentary
Jetmax Ltd. v. Big Lots: Infringement Suit Proceeds to Trial in the First Application of Star Athletica Copyright Test Jetmax Ltd. v. Big Lots, Inc., No. 15 CV 9597 (KBF), 2017 WL 3726756  (S.D.N.Y. Aug. 28, 2017) hosted by justia.com. In August of this year, Judge Forrest of the Southern District of New York ruled on two opposing motions for summary judgement filed in Jetmax Ltd. v. Big Lots, Inc. Jetmax is a Hong Kong-based international designer and seller of...
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Copyright Patent
Federal Circuit Flash Digest – Cases in Brief Waymo LLC v. Uber Tech., Inc., No. 2017-2130 (Fed. Cir. Sept. 13, 2017). The Federal Circuit affirmed an order of the District Court for the Northern District of California denying a motion by Uber Technologies and Ottomotto LLC to compel arbitration with Waymo LLC. At issue in the case was whether Uber could compel Waymo to arbitrate their pending litigation...
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Digest Commentary Federal Circuit Flash Digest First Amendment
D.C. Court of Appeals Rules that Cell-Site Simulators Constitute a Search Prince Jones v. United States, No. 15-CF-322 (D.C. Sept. 21, 2017). On September 21, 2017, the District of Columbia Court of Appeals reversed the judgment of the Superior Court of the District of Columbia, finding that the appellant had been victim to an unlawful search that violated the Fourth Amendment. The Court of Appeals held that using a cell-site simulator...
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Fourth Amendment Privacy
​The European Court of Justice paves the way for The Pirate Bay to be blocked across the European Union Copyright law has historically developed in response to technological innovation. For example, in the 1980s developments in digital recording equipment gave consumers the ability to make perfect reproductions of protected works.[1] In the European Economic Community (EEC), this new technology led to an increase in cross-border copyright infringement,[2] and in 1988, the Commission of the European Communities estimated that millions of dollars...
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Algorithmic Due Process: Mistaken Accountability and Attribution in State v. Loomis Algorithms are eating the world.[1] Every industry, from education to health to finance to media, is embracing algorithmic trends,[2] and the justice system is no exception. Police departments are engaging algorithms to make communities safer.[3] States are using algorithms to replace outdated, discriminatory bail systems.[4] And parole boards are relying on algorithms to reduce recidivism risk.[5] On the whole, algorithms in the law are promising...
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Digest Commentary Digest Notes First Amendment
Federal Circuit Flash Digest – Cases in Brief The PTAB, on appeal, must restrict its reasoning to using materials addressed by the Examiner so to give parties proper notice. Honeywell Int’l Inc. v. Mexichem Amanco Holding S.A. De. C.V., No. 2016-1996 (Fed. Cir. Aug. 1, 2017). The United States Court of Appeals for the Federal Circuit overturned a Patent Trial and Appeal Board (“PTAB”) finding that a patent...
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Digest Commentary Federal Circuit Flash Digest First Amendment
Federal Circuit Flash Digest – Cases in Brief Patent Applicant Appealing a Patent and Trial Appeal Board Decision in District Court Must Pay All Expenses Including Attorney’s Fees Nantkwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017). In Nantkwest, Inc. v. Matal, No. 2016-1794 (Fed. Cir. June 23, 2017), the Federal Circuit reversed the decision of the District Court for the Eastern District of Virginia which...
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Digest Commentary Federal Circuit Flash Digest First Amendment
Kroger v. Lidl: Kroger sues new entrant Lidl for trademark and service mark infringement of its private label brand “Private Selection” Complaint for Trademark Infringement, The Kroger Co. v. Lidl US, LLC, No. 3:17-cv-00480-JAG (E.D. Va. Jun. 30, 2017), complaint hosted by IPWatchdog Kroger, the nation’s largest grocery chain, is suing German discount grocery chain Lidl for trademark and service mark infringement over Lidl’s private label grocery brand, “Preferred Selection,” which Kroger claims is “confusingly similar” to Kroger’s private label brand...
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Trademark
Facebook v. United States: Facebook cites First Amendment in challenge to government non-disclosure order Notice to Potential Amici Curiae, Facebook, Inc. v. United States, Nos. 17-SS-388, 17-SS-389, No. 17-SS-390 (D.C. June 14, 2017), notice hosted by the American Civil Liberties Union On June 14, 2017, the District of Columbia Court of Appeals issued an order permitting Facebook to provide notice to parties that have an interest in serving as amici curiae in the social...
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Digest Commentary First Amendment