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Flash Digest: News in Brief

By Anne Woodworth

UK Court Allows Safari Users to Sue Google over Privacy Settings

FTC Responds to Allegations that it Ignored Staff Recommendations to Sue Google

Citigroup Report Criticizes Law Firms for not Reporting Hacking

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Federal Circuit Rejects En Banc Review of Infringement Willfulness Standard

By Paulius Jurcys – Yaping Zhang

The Federal Circuit rejected a motion for en banc review of a patent infringement case evaluating the willfulness standard and whether the standard should be changed in order to meet the interpretation provided by the Supreme Court in the Octane decision.

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The FCC’s Net Neutrality Rules on Protecting and Promoting Open Internet

By Shuli Wang – Edited by Yaping Zhang

Two weeks after voting on regulating broadband Internet service as a public utility, on March 12, the Federal Communications Commission (”FCC”) released a document (the FCC Order and Rules) on net neutrality, which reclassifies high-speed Internet as a telecommunications service rather than an information service, thus subjecting Internet service providers (ISPs) as common carrier to regulations under Title II of the Communications Act of 1934. The purpose of the new rules is to ensure the free flow of bits through the web without paid-for priority lanes and blocking or throttling of any web content.

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White House releases administration discussion draft for Consumer Privacy Bill of Rights Act of 2015

By Lan Du – Edited by Katherine Kwong

On February 27, 2015, President Obama released an administration draft of a proposed Consumer Privacy Bill of Rights Act. The proposed bill’s stated purpose is to “establish baseline protections for individual privacy in the commercial arena and to foster timely, flexible implementations of these protections through enforceable codes of conduct developed by diverse stakeholders.”

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Federal Circuit Flash Digest: News in Brief

By Patrick Gallagher

Federal Circuit Affirms Denial of AT&T Motion to Extend or Re-open Filing Period for Appeal in Patent Infringement Suit

In Patent Suit Against Apple, Federal Circuit Affirms in Part, Reverses in Part

Federal Circuit Reverses DNA Sequencing Technology Patent Construction

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By Mengyi Wang – Edited by Sarah O’Loughlin

Photo By: C DCC BY 2.0

Last weekend, Los Angeles residents stood in line to taste free coffee at a new coffee shop in town: “Dumb Starbucks.” The stunt was later discovered to have been orchestrated by Comedy Central comedian Nathan Fielder, Quartz reports. Although short-lived—the shop was shut down by the Los Angeles Health Department for operating without a health permit— Dumb Starbucks drew considerable attention and raised an array of legal issues.

According to The Wall Street Journal, Dumb Starbucks opened on Friday, February 7. The shop was identical to a real Starbucks shop except that the word “dumb” affixed to everything in sight. The shop offered, for free, items including “Dumb Vanilla Blonde Roast,” “Dumb Chai Tea Latte,” and “Dumb Caramel Macchiato” in sizes “Dumb Venti,” “Dumb Grande,” and “Dumb Tall.” The CDs sitting on a shelf by the cash register included “Dumb Jazz Standards,” “Dumb Norah Jones Duets”, and “A Dumb Taste of Cuba.” The “dumb” theme also extended to its logo, with “dumb” inserted into the outer ring of the Starbucks logo, reports Time. (more…)

Posted On Feb - 15 - 2014 Comments Off READ FULL POST

By Aditya Gupta – Edited by Kathleen McGuinness

Professors’ Letter In Support of Patent Reform Legislation (Nov. 25, 2013), letter hosted by PatentlyO.com
Statement from the Higher Education Community on H.R. 3309, The Innovation Act (Nov. 8, 2013), statement hosted by
Statement from the Higher Education Community on Amendment in the Nature of a Substitute to H.R. 3309 (Nov. 19, 2013), statement hosted by aamc.org

Photo By: Kate Ter HaarCC BY 2.0

The Innovation Act, a legislation that received bipartisan support in the House Judiciary Committee and more recently the House of Representatives, has also received support from a group of sixty professors teaching intellectual property law at universities across the United States. The professors have addressed a letter to Congress expressing strong support for the patent reform legislation, citing the “abusive practices” adopted by patent trolls and the negative impact of such practices on small companies and large manufacturers. In contrast, a group of six major education organizations have issued two statements, dated November 8 and 19, 2013 raising concerns over the draft of the Innovation Act and claiming that, in its current form, the provisions of the Act raise a “specter of unintended problems.”

PatentlyO reports the letter by the law professors stating that the professors’ case has merit but contains certain broad – brush statements and is overtly in favor of large corporate entities. Timothy Lee of The Washington Post is surprised by the stance taken by the university organizations, though he suggests that the unintended effects of the legislation may be beneficial, since they could rein in aggressive patent licensing efforts by universities. (more…)

Posted On Dec - 18 - 2013 Comments Off READ FULL POST

Automattic Inc. & Hotham v. Steiner
Automattic Inc. & Retraction Watch, LLC v. Chatwal
By Travis West – Edited by Natalie Kim

Complaint, Automattic Inc. & Oliver Hotham v. Nick Steiner (N.D. Cal. filed Nov. 21, 2013)
Complaint, Automattic Inc. & Retraction Watch, LLC v. Narendra Chatwal (N.D. Cal. filed Nov. 21, 2013)
Hotham Complaint, Retraction Watch Complaint hosted by Automattic

Hacked By Over-XAutomattic, the owner of WordPress.com and a major developer of the WordPress software, has sued two parties for using the notice-and-takedown provision of the Digital Millennium Copyright Act (“DMCA”) to stifle criticism. Automattic alleges that the two parties abused the provision and are seeking damages under 17 U.S.C. § 512(f) for misrepresentation. Automattic is one of the largest blog hosting companies, and its decision to go after parties that use fraudulent copyright takedown notices could mark a shift in how content hosts handle DMCA takedown requests.

Automattic explains why it chose to sue over these two incidents. Ars Technica provides additional coverage of the lawsuit, including some problems Automattic would face in collecting from the defendants if it succeeded. Cory Doctorow on BoingBoing, the Electronic Frontier Foundation (“EFF”), and TechCrunch praise Automattic for taking a stand against the use of the DMCA to censor critics. (more…)

Posted On Dec - 6 - 2013 Comments Off READ FULL POST

GoldieBlox, Inc. v. Island Def Jam Music Group
By Elise Young – Edited by Alex Shank

Complaint for Declaratory Judgment and Injunctive Relief, GoldieBlox, Inc. v. Island Def Jam Music Group, A Div. of UMG Recordings, Inc., No. 3:13-cv-05428 (N.D. Cal. Nov. 21, 2013)
Complaint hosted by Scribd

Photo By: ricaroseCC BY 2.0

Over the last few weeks, hip-hop group the Beastie Boys and GoldieBlox, a start-up company in the business of developing engineering toys for girls, started down the path towards copyright litigation over use of the Beastie Boys’ song “Girls” in a GoldieBlox advertisement. On November 21, after the Beastie Boys’ legal counsel threatened suit, GoldieBlox filed for declaratory judgment that its use of the song was fair use. Complaint, at 2–3. The Beastie Boys responded with an open letter emphasizing the group’s consistent refusal to allow use of their songs in advertising. On November 27, GoldieBlox removed the advertisement and promised to drop the suit if the Beastie Boys’ legal team similarly backed down. GigaOM provides an overview of the fight and some legal analysis on the fair use issue. Forbes examines GoldieBlox’s change in strategy. Mashable discusses how the disagreement benefits GoldieBlox’s PR. (more…)

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

By Elise Young – Edited by Kathleen McGuinness

European Proposal on Protection of Trade Secrets

European Commission, Proposal for a Directive of the European Parliament and of the Council on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) Against their Unlawful Acquisition, Use and Disclosure  (Nov. 28, 2013)
Proposed Directive

Photo By: Thomas QuineCC BY 2.0

On November 28th, the European Commission issued a proposed directive for greater and more uniform protection of trade secrets throughout the European Union. The goal of the proposal is to increase innovation by providing better protection for EU businesses’ trade secrets. Proposed Directive at 2. The Commission identified the currently irregular protection and enforcement of trade secrets within the EU as a significant factor inhibiting cross-border research and development and general innovation. Id. at 3. The proposal is one part of the EU’s “Innovation Union” and IP strategies, adopted in May 2011. Id.

The proposal and other documents related to the directive can be found here. The Commission additionally released a memorandum summarizing trade secret law, the directive, and the reason for its proposal. The New York Times and Bloomberg provide further commentary on the proposed directive. (more…)

Posted On Dec - 4 - 2013 Comments Off READ FULL POST
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