A student-run resource for reliable reports on the latest law and technology news
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By Jaehwan Park – Edited by Kayla Haran

Bipartisan Lawmakers Introduce Bill Encouraging U.S. Government Agencies to Use the Cloud as a Secure Alternative to Legacy Systems

Snapchat Accused of Violating Illinois Biometric Information Privacy Act

The Office of the U.S. Trade Representative Announces New Policy Group to Promote Global Digital Trade

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Second Circuit Prohibits Extraterritorial Application of Stored Communication Act’s Warrant Provision

The Second Circuit reversed a U.S. Magistrate Judge’s warrant ordering Microsoft to produce customer content stored in Ireland. The Second Circuit held that the warrant provisions in § 2703 of the Stored Communications Act, 18 USC §§2701-2712 (1986) (“SCA”), cannot be used to compel a service provider to disclose user e-mail content stored exclusively on a foreign server.

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U.S. District Court Denied TC Heartland’s Writ of Mandamus to Transfer Patent Infringement Suit

 

In April 2016, the Federal Circuit denied TC Heartland LLC’s writ of mandamus. Hartland requested the court order the U.S. District Court for the District of Delaware to dismiss or transfer the patent infringement suit initiated by Kraft Foods Group Brands LLC. In rejecting Hartland’s request, the court explained that a writ of mandamus is an “extraordinary remedy appropriate only in exceptional circumstances” and Hartland did not meet this bar.

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Congresswoman Speier’s Revenge Pornography Bill: Crossing the First Amendment Line?

On July 14, 2016, Congresswoman Speier proposed the Intimate Privacy Protection Act, a bill designed to make revenge pornography a federal crime punishable with up to five years in prison. Although the current version is narrower in scope than previous iterations, there are still some concerns that this bill violates the First Amendment’s right to free speech.

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Following an unfavorable verdict from a second jury and the Court’s denial of the first motion for judgment as a matter of law (“JMOL”), Oracle America, Inc. (“Oracle”) filed a renewed motion for JMOL pursuant to FRCP Rule 50(b). Oracle’s second motion, filed July 6, 2016, claimed that “no reasonable jury” could find that Google’s “verbatim [and] entirely commercial” copying of Oracle’s code, in order to compete with Oracle, was fair use.[1] The motion will be heard on August 18, 2016.

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Fed. Cir. Flash DigestBy Kayla Haran – Edited by Jaehwan Park

Pokémon Go Captures Full Google Account Permissions on iOS

The hugely successful location-based augmented-reality mobile game Pokémon Go was released in the U.S. on July 6 and has since surpassed Twitter in daily active users. On July 8, blogger Adam Reeve discovered that the iOS version of Pokémon Go had full access privileges to the Google accounts of users who signed in using those accounts. Android users appear not to have encountered the same phenomenon. After several major news outlets reported on the issue, Pokémon Go developer Niantic released a statement confirming the reports and promising a forthcoming update that will limit account permissions to basic contact information, such as a user’s name and email address. The statement also promised that in spite of the broad permissions granted in the present version of the game, “Google has verified that no other information has been received or accessed by Pokémon Go or Niantic.” (more…)

Posted On Jul - 17 - 2016 Add Comments READ FULL POST

UnknownBy Evan Tallmadge – Edited by Henry Thomas

The Supreme Court, granting cert. for its 2016 term, is taking up the question from SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC of whether laches is available as a defense to patent infringement. The IPWatchdog blog provides a brief primer on laches, as relevant to patent law.

The Case

This case arose from an appeal of the en banc decision of the federal court in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, No. 13-1564 (Fed. Cir. Sept. 18, 2015). In that opinion, a divided court held 6 to 5 that laches remains a potential defense in a patent suit to legal remedy, notwithstanding the recent supreme court decision of Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. C. 1962 (2014), which held that laches is not a defense to legal remedy under the Copyright Act. (more…)

Posted On Jul - 17 - 2016 Add Comments READ FULL POST

European CommissionBy Danielle Kehl – Edited By Kayla Haran

U.S. and E.U. officials formally approved the “Privacy Shield” this week, a new agreement governing the transfer of data between Europe and the United States. The final adoption of the transatlantic agreement comes after several years of negotiations, which were accelerated last October when the Court of Justice of the European Union (“CJEU”) invalidated a key part of the U.S.-E.U. “Safe Harbor,” an agreement that had previously enabled American companies to transfer data from the European Union without running afoul of its stricter privacy laws. (more…)

Posted On Jul - 17 - 2016 Add Comments READ FULL POST

hammerBy Frederick Ding — Edited by Jaehwan Park

Patent Assertion Entity Not a “Patentee” By Itself

In Diamond Coating Techs., LLC v. Hyundai Motor Am., Nos. 2015-1844, 2015-1861 (Fed. Cir. May 17, 2016), the Federal Circuit held that Diamond’s agreements with the original assignee of the patent, Sanyo, did not make Diamond a “patentee” with standing to sue for infringement without joining Sanyo as a party. (more…)

Posted On Jul - 15 - 2016 Add Comments READ FULL POST

UnknownBy Daniel Etcovitch – Edited by Henry Thomas

Google Seeks Sanctions Against Oracle’s Attorney in Copyright Case

In the fallout of the case where a jury ruled that Google’s use of Java APIs in Android were covered by fair use, Google is seeking sanctions against Oracle’s attorney for mentioning previously confidential figures about Android revenue in open court. The attorney stated that Android generated $31 billion in revenue and that Google had paid as much as $1 billion to Apple to maintain the Google search bar on iOS devices. Those numbers are a huge insight into the operations of the open source operating system as a business and into how dense the network of agreements between smartphone manufacturers is. (more…)

Posted On Jul - 15 - 2016 Add Comments READ FULL POST
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Flash Digest: News i

By Jaehwan Park - Edited by Kayla Haran Bipartisan Lawmakers Introduce ...

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Second Circuit Prohi

By Filippo Raso – Edited by Shailin Thomas Microsoft v. US, ...

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Senate

Congresswoman Speier

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Photo By: Robert Scoble - CC BY 2.0

Oracle Renews Motion

[caption id="attachment_3907" align="alignleft" width="175"] Photo By: Robert Scoble - CC ...