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Google Refuses to Expand the Right to be Forgotten

By Leonidas Angelakos – Edited by Henry Thomas

Last Thursday, Google announced its refusal to comply with a June 2015 right-t0-be-forgotten order issued by a French regulatory agency. The tech giant called the order, which demanded that it remove qualifying links from all Google search results, not just those on its European domains,  “a troubling development that risks serious chilling effects on the web.”

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German Commission Orders Facebook to Allow Fake Names

By Annie Woodworth – Edited by Ariane Moss

Last Tuesday, the Hamburg Data Protection Authority, a German regulatory body, ordered Facebook to lift its policy prohibiting users from choosing pseudonyms. Although there was some dispute over whether the order applied to Facebook, the social media giant agreed to change the policy and issued an apology.

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Nintendo Wins Summary Judgment Based on Doctrine of Prosecution History Estoppel

By Yaping Zhang – Edited by Stacy Ruegilin

On July 17, 2015, the Northern District Court of California granted a summary judgment motion in Nintendo’s favor in a patent suit, construing disputed term in accordance with Nintendo’s interpretation and finding that the patent had not been infringed. The court based its decision on prosecution history estoppel, highlighting differences between the processes of obtaining and enforcing a patent.

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District Court Holds that Internet-Based Television Provider, FilmOn X is Entitled to a Compulsory License

By Anne Woodworth – Edited by Henry Thomas

The U.S. District court for the Central District of California ruled that an online streaming service that rebroadcasted network television fit the definition of a cable company, and was entitled to compulsory licensing under § 111 of the Copyright Act.  The order relied on the Supreme Court’s Aereo decision, which held that internet streaming was fundamentally the same as cable. The ruling conflicts with a Second Circuit case decided on similar facts, and is immediately appealable.

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Data Breach Victims, Rejoice: Seventh Circuit Finds that Threat of Injury is Sufficient for Article III Standing in Data Breach Class Actions

By Brittany Doyle – Edited by Ariane Moss

Last Monday, the Seventh Circuit Courto of Appeals ruled that victims of a data breach had standing to pursue a class action even when they had not suffered direct financial harm as a result of the breach or when they had already been compensated for financial harm resulting from the breach. The opinion reversed a contrary district court decision, which the Seventh Circuit said had incorrectly read the Supreme Court’s 2013 decision in Clapper v. Amnesty International USA.

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By Jenny Choi – Edited by Ashish Bakshi

Vederi, LLC v. Google Inc., No. 2013-1057 (Fed. Cir. Mar. 14, 2014)
Slip Opinion

Photo By: Kathy McGrawCC BY 2.0

On March 14, 2014, the United States Court of Appeals for the Federal Circuit reversed and vacated the United States District Court for the Central District of California’s decision entering summary judgment in favor of Google, Inc. The district court had held that Google’s “Street View” product did not infringe asserted patents of Vederi, LLC. because its images are a curved representation of the world and thus not elevation views. The Federal Circuit held that the district court erred in narrowly interpreting “substantially elevation,” based on extrinsic evidence, to cover only flat images. Vederi, slip op. at 9. After analyzing intrinsic evidence, the Federal Circuit held that “substantially elevation” covered both flat and spherical images. Id. at 10. Consequently, the Federal Circuit vacated the summary judgment and remanded for further proceedings. Id. at 14. The Federal Circuit noted that it preferred claim construction based on intrinsic evidence and interpretation that “gives meaning to all the terms of the claim.” Id. at 10.

Bloomberg and Wiley Rein, LLP provide a short summary of the case. PatentlyO also provides an overview of the case and cites Vederi as an example of the Federal Circuit’s continuing denial of any direct patent-related input from Judge Kozniski, who is Chief Judge of the Ninth Circuit Court of Appeals and who sat by designation in deciding on summary judgment in Vederi at the district court. The Wake Forest Journal of Business & Intellectual Property Law provides background on the case’s initial filing in 2010. (more…)

Posted On Mar - 25 - 2014 Comments Off READ FULL POST

By Zoe Bedell – Edited by Gea Kang

Photo By: satanoidCC BY 2.0

On March 13, 2014, the San Antonio City Council pre-approved a long-term lease that would allow Google to begin construction to bring Google Fiber to the city. While Google has not yet chosen San Antonio as a destination for its fiber network, the city’s leaders hope that the lease will encourage Google to do so. Wired discusses the city’s move.

Google’s high-speed Internet service is currently available in Kansas City, Missouri, and Provo, Utah. Google has also announced plans to expand to Austin, Texas, and will be considering thirty-four additional cities in nine different metropolitan areas for further expansion. The company has established selection criteria that will speed up the review process and ensure that construction can proceed quickly. For instance, Google asks interested cities to provide details on existing infrastructure and to review local permitting processes. (more…)

Posted On Mar - 25 - 2014 Comments Off READ FULL POST

By Mark Verstraete — Edited by Sarah O’Loughlin

Greene v. MtGox Inc., No. 1:14-cv-1437 (N.D. Ill. Feb. 27, 2014)
Complaint hosted by Scribd

Joyce . MtGox Inc. (Mar. 14, 2014), No. cv-14-500253-00CP (Can. Ont. Sup. Ct. J.)
Complaint hosted by Ars Technica

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Putative class action suits have been filed against Mt. Gox—the now defunct online bitcoin exchange—in both the United States and Canada. In Febrauary 2014, Mt. Gox halted withdrawals after being hit with a sustained distributed denial-of-service (DDoS) attack. Several days later, it filed for bankruptcy when 850,000 bitcoins were stolen.

The U.S. suit, Greene v. MtGox Inc., No. 1:14-cv-1437 (N.D. Ill. Feb. 27, 2014), proposes two classes of Plaintiffs:

(1) “Payment Class: All persons in the United States who paid a fee to Mt. Gox to buy, sell, or otherwise trade bitcoins.”

(2) “Frozen Currency Class: All persons in the United States who had bitcoins or Fiat Currency stored with Mt. Gox on February 7, 2014.”

Complaint, Greene, at 10. The two proposed classes allege several causes of action against Mt. Gox, including consumer fraud, negligence, and conversion. In their negligence claim against Mt. Gox, the plaintiffs allege that Mt. Gox breached its “duty to employ procedures to detect and prevent the improper access and misuse of Plaintiff’s and the Classes’ bitcoins,” and that this breach caused the “Plaintiff and the Payment Class [to] suffer economic injury and other damages.” Id. at 19.

Ars Technica provides commentary on the complaint. Reuters also discusses Mt. Gox’s decision to file for bankruptcy in the wake of this complaint. (more…)

Posted On Mar - 24 - 2014 Comments Off READ FULL POST

By Albert Chen – Edited by Sheri Pan

In re Application of the FBI for an Order Requiring the Prod. of Tangible Things, No. BR 14-01 (FISA Ct. Mar. 7, 2014)
Slip opinion

On March 7, 2014, the Foreign Intelligence Surveillance Court (“FISA Court”) denied the government’s request to amend a January 3, 2014 FISA order (“Primary Order”) to indefinitely extend the five-year limit on retaining metadata collected by the National Security Agency (“NSA”). Id. at 12.

The court reasoned that an indefinite retention period would violate privacy interests while failing to substantially improve national security. It rejected the government’s arguments that retention was necessary for it to meet its preservation obligations to plaintiffs in civil litigation suits involving the NSA.

Ars Technica provides an overview of the case. Emptywheel and Techdirt provide commentary.

(more…)

Posted On Mar - 19 - 2014 Comments Off READ FULL POST

By Mary Schnoor  – Edited by Mengyi Wang

Suprema, Inc. v. Int’l Trade Comm’n, No. 12-1170 (Fed. Cir. Dec. 13, 2013)
Slip Opinion

Photo By: John LeechCC BY 2.0

In October 2011, the International Trade Commission (“ITC”) issued an exclusion order blocking the importation of Suprema, Inc.’s (“Suprema”) fingerprint scanners after it determined that Suprema induced its customers’ direct infringement of various U.S. method patents. In December 2013, the United States Court of Appeals for the Federal Circuit vacated and remanded the ITC’s order, holding that the ITC’s authority to exclude extended only to “articles that … infringe a valid and enforceable United States patent at the time of importation,” and that the ITC’s restriction on importing Suprema’s scanners should thus be revised to reflect the limited scope of that authority. Suprema, slip op. at 4.

The ITC and Cross Match, Inc. (“Cross Match”), whose patents the ITC found infringed, have petitioned for a rehearing en banc of the Federal Circuit’s December 2013 ruling. Combined Petition for Panel Rehearing and Rehearing En Banc of Appellee International Trade Commission, Suprema, hosted by Patently-O; Intervenor’s Combined Petition For Rehearing and Rehearing En Banc, Suprema, hosted by Patently-O.

Patently-O provides an overview of the Federal Circuit’s ruling and the ITC’s petition for a rehearing en banc. Mondaq thoroughly reviews the decision, and the Baker Botts IP Report gives a summary and advice for patent practitioners litigating method patents in the ITC. (more…)

Posted On Mar - 18 - 2014 Comments Off READ FULL POST
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