A student-run resource for reliable reports on the latest law and technology news
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Flash Digest: News in Brief

By Daniel Etcovitch – Edited by Emily Chan

Florida Judge Rules Bitcoin Is Not Equivalent to Money

Illinois Governor Signs Bill Restricting Use of Stingrays

DMCA DRM Circumvention Provision’s Constitutionality Being Challenged

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Federal Circuit Flash Digest

By Yuan Cao – Edited by Frederick Ding

Mere Commercial Benefit Not Enough to Trigger The On-Sale Bar

Technology-Based Software Solution Can Be Patentable 

Patent Disputes about Siri, iTunes, Notification Push, and Location

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Sixth Circuit Finds Privacy Interest in Mugshots under FOIA

By Filippo Raso – Edited by Ariane Moss

A split en banc Sixth Circuit reversed the lower courts’ ruling, holding individuals have a privacy interest in their booking photos for the purposes of Exemption 7(C) of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. In so doing, the Court overruled Circuit precedent established two decades ago. The case was remanded with instructions to balance the public interests against the individual’s privacy interest.

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The EFF Challenges the DMCA Anti-Circumvention Provision: A First Amendment Fight

By Priyanka Nawathe – Edited by Kayla Haran

On July 21, 2016, the Electronic Frontier Foundation sued the United States government to overturn DMCA Section 1201, commonly referred to as the anti-circumvention provision. The EFF argues that this provision, designed to prevent circumvention of “technological protection measures,” actually chills research and free speech, and thus is a violation of the First Amendment.

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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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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

Supreme CourtBy Yuan Cao – Edited by Emily Chan

The Supreme Court recently vacated and remanded the Federal Circuit’s decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., 769 F.3d 1371, 1374–75 (C.A. Fed. 2014), in which the court denied enhanced damages for the patentee under the two-part test developed in In re Seagate Technology, LLC, 497 F.3d 1360 (2007) (en banc). See Halo Electronics, Inc. v. Pulse Electronics, Inc., No. 14-1513 (U.S. June 13, 2016). The first part of the Seagate test requires patentees to show by clear and convincing evidence that an alleged infringer’s behavior is objectively reckless. Id. at 5. “Objective recklessness” will not be found if the accused infringer “raise[s] a ‘substantial question’ as to the validity or noninfringement of the patent,” even if the defender did not act on the basis of the arguable defense. Id. The second part requires patentees to show by clear and convincing evidence that the alleged infringer had subjective knowledge. Id. (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 ...