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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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By Kayla Haran – Edited by Jaehwan Park

Pokémon Go Captures Full Google Account Permissions on iOS

Senate Committee Holds Hearing on FCC’s Proposed Broadband Privacy Rules

Federal Judge Suppresses Evidence Obtained Using Stingray in First Such Decision

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The Federal Circuit, in the closely divided en banc decision of SCA v. First Quality, held that Congress had authorized laches as a defense against legal remedy for patent infringement. This contradicts the Supreme Court’s recent holding that for copyright law, laches only applies to legal remedy when Congress hasn’t established a statute of limitations. The Supreme Court has granted cert to review the Federal Circuit’s holding.

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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.

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Federal Circuit Flash Digest

 

By Frederick Ding — Edited by Jaehwan Park

 

Patent Assertion Entity Not a “Patentee” By Itself

 

Induced Infringement Verdict Not Defeated by Defendant’s Unreasonable Belief in Noninfringement

 

Continuations Can Be Filed on Same Day as Earlier Application’s Issuance

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By Zoe Bedell – Edited by Gea Kang

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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.

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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

By Gea Kang – Edited by Emma Winer

S.B. 2005, 108th Gen. Assemb., 2d. Sess. (Tenn. 2014) Bill
H.B. 1974, 108th Gen. Assemb., 2d. Sess. (Tenn. 2014) Bill

S.B. 2140, 108th Gen. Assemb., 2d. Sess. (Tenn. 2014) Bill
H.B. 2242, 108th Gen. Assemb. 2d. Sess. (Tenn. 2014) Bill

S.B. 2428, 108th Gen. Assemb., 2d. Sess. (Tenn. 2014) Bill
H.B. 2364, 108th Gen. Assemb., 2d. Sess. (Tenn. 2014) Bill

S.B. 2562, 108th Gen. Assemb., 2d. Sess. (Tenn. 2014) Bill
H.B. 2482, 108th Gen. Assemb. 2d. Sess. (Tenn. 2014) Bill

Photo By: AJ BatacCC BY 2.0

Four bills recently introduced in the Tennessee legislature are in the spotlight for their potential impact on the evolving broadband network landscape. The bills have bipartisan sponsorship and collectively aim to roll back restrictions on the ability of municipal governments to establish broadband networks of their own.

Two of the bills focus on specific localities. S.B. 2005 and H.B. 1974 would expand the municipal electric system’s provision of broadband service in Clarksville, Tennessee’s fifth largest city, while S.B. 2140 and H.B. 2242 would allow Trousdale County  to contract with a rural electric cooperative to provide broadband services.  The other two bills address statewide policy. S.B. 2428 and H.B. 2364 revise the definition of “telecommunications”  in Tenn. Code. Ann. § 65-25-202 to enable electric cooperatives that own dark fiber networks to reach customers who are not currently served by rural telephone cooperatives. S.B. 2428 at 1.  S.B. 2562 and H.B.2482 would facilitate the expansion of municipal utilities’ broadband services in connection with economic development, education, and health care projects. S.B. 2562 at 1. (more…)

Posted On Mar - 17 - 2014 Comments Off READ FULL POST
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