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European Union Court of Justice Holds that Individuals Browsing Websites are not in Violation of Copyright Law
By Kellen Wittkop – Edited by Yixuan Long

The Court of Justice of the European Union (CJEU) agreed with the decision of the Supreme Court of the United Kingdom that webpage viewers do not need license to view copyrighted materials online. With this holding, the CJEU issued a crucial decision for European Union law, balancing the rights of copyright holders and the rights of individuals to browse authorized content without being liable for infringement.

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Georgia Supreme Court Takes Chan v. Ellis Appeal to Redefine First Amendment Right on the Internet
By Yixuan Long – Edited by Emma Winer

The Georgia Court of Appeals ordered the appeal in Ellis v. Chan be transferred to the Georgia Supreme Court. Chan, an interactive website owner, appealed the trial court’s permanent protective order, which commanded him to take down more than 2000 posts on his website, and forbade him from coming within 1000 yards of Ellis. The Court of Appeals decided that the case raised significant and novel constitutional issues regarding the First Amendment right and the internet.

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Federal Circuit Flash Digest: News in Brief

By Kellen Wittkop

Appeal of a contempt order for violation of patent injunction agreement dismissed for lack of jurisdiction

Federal Circuit affirms summary judgment of Apple’s noninfringement on GBT’s CDMA patents

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ITC’s review of an ALJ’s order was not procedurally sound
By Mengyi Wang – Edited by Sarah O’Loughlin

The United States Court of Appeals for the Federal Circuit unanimously vacated and remanded a decision of the International Trade Commission (“ITC”), finding that the ITC exceeded its authority in reviewing an administrative law judge’s (“ALJ”) order denying a motion for termination. In so holding, the Court rejected the ITC’s attempt to characterize the ALJ’s decision as an initial determination, which would be subject to review.

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Facebook’s experiment of emotional contagion raises concerns
By Jenny Choi – Edited by Sarah O’Loughlin

On June 17, 2014, Proceedings of the National Academy of Sciences released a study in which Facebook reduced positive and negative posts on News Feeds to observe any changes in the participants’ posts to test whether emotional states are contagious through verbal expressions. Many have criticized Facebook for the experiment,  finding that Facebook has deceived its users, violated past Consent Orders, and stretched the users’ terms of service agreements too far.

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“Reclaim Your Name”
By Katherine Walecka – Edited by Natalie Kim

 

Photo By: CliffCC BY 2.0

Transcript of Keynote Address

On June 26, 2013 at her keynote address during the Computers Freedom & Privacy Conference, Federal Trade Commission (“FTC”) Commissioner Julie Brill announced a new “Reclaim Your Name” initiative. Under the proposed program, data brokers — businesses that collect consumer data for sale to other businesses — would be made accountable to consumers. Consumers would be able to access personally identifiable information that data brokers hold online through a single user-friendly online portal and regain control over their data. This would fulfill the FTC’s goals of establishing greater transparency and accountability. The consumer could choose to correct inaccurate information as well as request deletion of or cessation of certain uses of their data. Such data is increasingly important for “substantive decisions – like credit, insurance, employment, and other benefits,” according to Brill.

Brill describes “Reclaim Your Name” as a counterpart to the existing “Do Not Track” option for the Internet. Under the “Do Not Track” option, consumers can request on certain websites that their activities not be monitored for marketing purposes. “Reclaim Your Name” also mirrors the much-older Do Not Call Registry, an outgrowth of the Do-Not-Call-Implementation Act of 2003, which helped consumers avoid unsolicited telemarketing.

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Posted On Jul - 7 - 2013 Comments Off READ FULL POST

Wyeth v. Abbott Labs
By Kathleen McGuinness – Edited by Alex Shank

Wyeth v. Abbott Labs., Nos. 2012-1223, -1224, (Fed. Cir. June 26, 2013)
Opinion

On June 26, the U.S. Court of Appeals for the Federal Circuit upheld a lower court’s summary judgment of invalidity for nonenablement of certain patents relating to the use of rapamycin to treat restenosis, the renarrowing of an artery after the use of a balloon catheter. The court held that even “routine experimentation” to discover the working species of compounds within a claimed genus could constitute “undue experimentation,” given that chemical screening may require routine testing tens of thousands of compounds without any guidance from the patent.

Patently-O briefly explains the court’s decision. Patent Docs provides a detailed critique of the holding. Bloomberg summarizes the history of the litigation. (more…)

Posted On Jul - 5 - 2013 Comments Off READ FULL POST

Federal Trade Commission v. Actavis, Inc.
By Kathleen McGuinness – Edited by Jennifer Wong

Federal Trade Commission v. Actavis, Inc., No. 12-416 (570 U.S. ___ June 17, 2013)
Slip Opinion

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On June 17, the Supreme Court ruled that reverse payment settlements between brand name and generic drug manufacturers were not presumptively unlawful, but were subject to scrutiny under the “rule of reason.” This holding overruled the United States Court of Appeals for the Eleventh Circuit’s dismissal of the case, resolving a circuit split.

JD Supra explains the Court’s holding. HealthAffairs describes the background of the industry and the history of the case. FDA Law Blog predicts its implications on future litigation. (more…)

Posted On Jul - 3 - 2013 Comments Off READ FULL POST

United States v. Turner
By Michelle Goldring – Edited by Samantha Rothberg

United States v. Turner, No. 11-196-cr (2nd Cir. June 21, 2013)
Slip Opinion

In a 2-1 decision, the United States Court of Appeals for the Second Circuit affirmed the District Court for the Eastern District of New York’s conviction of Harold Turner, an internet radio host and blogger. Turner was convicted of “threatening to assault or murder [federal] Judges Frank Easterbrook, William Bauer, and Richard Posner” on the basis of his blog posts and commentary about a decision the three had made in a Seventh Circuit case regarding the Second Amendment. Turner, slip op. at 2­–3.  The Second Circuit upheld the finding that Turner’s conduct constituted “a true threat . . . [that] was unprotected by the First Amendment.” Id. at 16.

The Chicago Tribune and the New York Law Journal provide overviews of the case. The Constitutional Law Prof Blog critiques the decision for giving too little weight to the passive grammatical construction of Turner’s posts, while Jonathan Turley expresses concern that the Second Circuit  “lacks [a] firm idea where to draw a line between opinion and threat.” (more…)

Posted On Jun - 30 - 2013 Comments Off READ FULL POST

By Alex Shank

Icon-newsFederal Circuit Holds that Good-Faith Belief in Invalidity May Disprove Intent to Induce Infringement

Last Tuesday, the Federal Circuit held that evidence of a good-faith belief in the invalidity of a patent may negate the intent to induce infringement of that patent. Commil USA, LLC v. Cisco Sys., Inc., 2012-1042 (Fed. Cir. June 25, 2013), opinion hosted by patentlyo.com. To induce infringement, a party must know that a patent exists and know that its actions will cause a third party to infringe that patent. Commil owns a patent over a method of transmitting mobile device information over wireless networks. Cisco wished to present evidence of its good-faith belief in the invalidity of the Commil patent to show that it lacked knowledge that a third party was infringing the patent. Although previous courts had allowed evidence of a good-faith belief in non-infringement, no court had allowed evidence of a good-faith belief in invalidity to show lack of intent. The trial jury found Cisco liable for induced infringement. On appeal, the Federal Circuit held that evidence of a good-faith belief in invalidity should be allowed to rebut a showing of intent. Bloomberg provides background on the case, as well as comments from Commil’s counsel.

Pandora Contends that Michigan Privacy Law Does Not Apply to Streamed Music

Pandora, an online music provider, requested that that Court of Appeals for the Ninth Circuit uphold an earlier ruling that its sharing of users’ music histories does not violate a Michigan state privacy law. The District Court for the Northern District of California previously granted Pandora’s motion to dismiss, finding that the Michigan law — which prohibits companies that lend or rent music from disclosing their customers’ preferences — did not apply to companies that stream music. Deacon v. Pandora Media, Inc. No. 11-04674 (Dist. Ct. N.D. Cal. Sept. 27, 2012), order hosted by docs.justia.com. Peter Deacon, a plaintiff in the case, alleges on appeal that the district court misconstrued the plain meaning of the Michigan law. In rebuttal, Pandora contends that its users lack sufficient control over the choice of music streamed for Pandora to be classified as a “lender” or “renter” of music. MediaPost provides a history of the case.

Chinese Wind Turbine Company Indicted on Misappropriation of U.S. Company’s Trade Secrets

The United States indicted the Chinese wind-turbine company Sinovel, as well as two of its executives, for criminal misappropriation of the trade secrets of its former U.S. supplier, American Superconductor, Corp. (“American”). Dejan Karabasevic, a former American employee, pled guilty to stealing American’s secret source code for wind-turbine computers and supplying it to Sinovel. Bloomberg discusses the Chinese courts’ inaction on American’s four suits filed against Sinovel in China, as well as the case’s relationship to U.S. concerns about cyber espionage more generally. Forbes details how American identified Karabasevic and the disgruntled former employee’s reasons for misappropriating the code.

Posted On Jun - 29 - 2013 Comments Off READ FULL POST
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European Union Court

European Union Court of Justice Holds that Individuals Browsing Websites ...

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Federal Circuit Flas

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ITC’s review of an

ITC’s review of an ALJ’s order was not procedurally sound By ...

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Facebook’s experim

Facebook’s experiment of emotional contagion raises concerns By Jenny Choi – ...