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Fate of Administrative Patent Judges Hangs in the Balance of Upcoming Federal Circuit Case

By Christian Fernandez-Andes - Edited by Irene Hwang
On April 1, 2019, the United States filed a brief as an appellee-intervenor in the upcoming Federal Circuit case Polaris Innovations Ltd. v. Kingston Technology Co., No. 18-1831 (Fed. Cir. 2019). Polaris had appealed to the Federal Circuit from an adverse decision of the Patent Trial and Appeal Board (“Board”) in an inter partes review proceeding. In its appeal, Polaris...
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Reports Patent
Neal v. Fairfax County Police Department: Use of Automatic License Plate Reader Violates Data Privacy Law

By Cathy Wu - Edited by Sam Gilman
RE: Neal v. Fairfax County Police Department, et al., Case No. CL-2015-5902 On April 1, the Virginia circuit court held Fairfax County Police Department’s (“FCPD”) use of the Automatic License Plate Reader (“ALPR”) to be a violation of the state’s Government Data Collection and Dissemination Practices Act, Virginia Code § 2.2-3800 et seq (“Data Act”). The Court granted the plaintiff’s...
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Reports Privacy
Vampire Squids Cards Denied Trademark for Their Product, 'Crabs Adjust Humidity​'

By Will Czaplyski - Edited by Taylor Hodhod
Cards Against Humanity, LLC v. Vampire Squid Cards, LLC, Opposition No. 91225576, hosted by United States Patent and Trademark Office The Trademark Trial and Appeal Board (“Board”) sustained an opposition by Cards Against Humanity (“CAH”) to a trademark application by Vampire Squid Cards (“VSC”) for their product, Crabs Adjust Humidity (“CrAH”). The opposition proceeding, in which the opposing party (CAH)...
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Reports Trademark
ChargePoint v. SemaConnect: A Charged Definition of Abstractness

By Tyler Bowen - Edited by Lena Son
ChargePoint, Inc., v. SemaConnect, Inc., No. 18-1739, opinion hosted by the Court of Appeals for the Federal Circuit. The United States Court of Appeals for the Federal Circuit ruled last week in the case of ChargePoint v. SemaConnect, a legal action concerning the validity of several patents relating to charging stations for electrically powered vehicles. Writing for Law360, Ryan Davis...
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Reports Patent
HUD Claims Facebook’s Advertising Practices Violate Federal Antidiscrimination Law

By Meera Midha – Edited by Brian Murff
US Department of Housing and Urban Development v. Facebook, complaint The majority of Facebook’s revenue comes from digital advertisements. With the sheer amount of information gleaned from a user’s online presence, preferences, and activities, Facebook gives advertisers the ability to select for specific characteristics of their intended audiences. As homes and real estate are among the many goods and services...
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Hikma v. Vanda: Hikma Pharmaceuticals Petitions for Supreme Court review of Pivotal Patent Ruling

By N. Nima Shamtoub - Edited by Stella Mao
Hikma Pharmaceuticals USA Inc., et al. v. Vanda Pharmaceuticals Inc., No. 18-817, opinion hosted by the Court of Appeals for the Federal Circuit. On April 13, 2018, the Federal Circuit Court affirmed the District Court of the District of Delaware’s decision to uphold Vanda Pharmaceuticals’s patent on a treatment method for schizophrenic patients. The treatment implements a range of dosages...
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Reports Patent
In-N-Out Claims Trademark and Trade Dress Infringement over Puma's 'Drive Thru' Shoes

By Jaisel Patel - Edited by Adam Phillips
Complaint, In-N-Out Burgers v. Puma North America, Inc. et al, No. 8:19-cv-00413 (C.D. Cal. Mar. 1, 2019), complaint hosted by heitnerlegal.com. On March 1, 2019, the popular California burger chain In-N-Out filed suit against Puma and Los Angeles-based fashion designer Mike Cherman for trademark and trade dress infringement over Puma’s new “Cali-0 Drive Thru” and “California Drive Thru” sneakers (collectively...
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Reports Trademark
Proposed Amendment to California Consumer Privacy Act Would Create Private Right of Action for All Violations of Act

By Ryan Kashtan - Edited by Ari Sillman
S.B. 561, 2019 Leg., Reg. Sess. (Cal. 2019) As businesses adjust to the European Union’s General Data Protection Regulation (“GDPR”), public outcry over data privacy is intensifying in the United States. A recently proposed amendment, S.B. 561, 2019 Leg., Reg. Sess. (Cal. 2019), to California’s already stringent data privacy law aspires to further upend the legal landscape. The California Consumer...
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Reports Privacy
House and Senate Democrats Introduce New Bill to Restore Net Neutrality Laws

By Pureunsaem Kim – Edited by Nika Shahery
Save the Internet Act of 2019, H.R. 1, 116th Cong. (2019). On March 6, 2019, Democrats in the House and the Senate introduced the Save the Internet Act of 2019. The legislation would restore net neutrality rules that were repealed by the Federal Communications Commission (“FCC”) in December 2017. The three-page bill: repeals the FCC’s Restoring Internet Freedom Order (“RIF...
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Corker v. Costco: A Complaint Brewing Over Kona Coffee

By Bowen Zhang - Edited by Elizabeth Strassner
Corker et al v. Costco Wholesale Corporation et al, No. 2:19-cv-00290 (W.D. Wash. Feb. 27, 2019). Complaint hosted by Law360. On February 27, 2019, five individual Kona coffee growers from three Hawaii-based coffee farms filed a class action suit against Costco, Amazon, Walmart, and others in the U.S. District Court for the Western District of Washington. The Complaint is filed...
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Reports Trademark
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