Google v. Oracle: SCOTUS to Determine How Copyright Laws Apply to APIs Posted on December 01, 2019 Google LLC v. Oracle America, Inc., 886 F.3d 1179 (Fed. Cir. 2018), cert. granted, (U.S. Jan. 24, 2019) (No.18-956), petition hosted by SCOTUSBlog. On November 15th, 2019, the Supreme Court of the United States granted certiorari to Google LLC v. Oracle America, Inc., 886 F.3d 1179 (Fed. Cir. 2018). The issues to be decided are whether copyright protection extends to...
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US v. Gilead: The US Government Flexes Its Patent Muscles to Fight High Drug Costs Posted on December 01, 2019 United States v. Gilead Sciences, Inc., No. 1:19-cv-02103-UNA (D. Del. Nov. 6, 2019). An unusual patent infringement case was filed earlier this month in the Federal District Court for the District of Delaware. The United States doesn’t regularly enforce its intellectual property rights against drug manufacturers, but as discussed in the Washington Post, it appears to be doing so here...
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Washington v. Department of State: First Amendment Claims Won’t Overcome Procedural Defects, Blocking Publication of 3D-printable Weapons File Posted on November 26, 2019 State of Washington v. United States Department of State, No. C18-1115RSL (W.D. Wash. Nov. 12, 2019), hosted by the Washington State Office of the Attorney General On November 12, 2019, the United States District Court for the Western District of Washington found that the State Department violated the Administrative Procedure Act (“APA”) in its decision to modify the United States...
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UConn Students’ Arrests following Racial Slurs Raises First Amendment Concerns Posted on November 14, 2019 On Monday, October 21, 2019, two students at the University of Connecticut (“UConn”) were arrested and charged with ridicule on account of creed, religion, color, denomination, nationality or race. The students were walking through a campus parking lot playing a game in which they yelled vulgar words, including racial slurs. UConn students and activists have been disappointed with the University’s...
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Patel v. Facebook: Ninth Circuit Grants Facebook’s Motion to Stay in Facial Recognition Lawsuit Posted on November 14, 2019 Patel, et al. v. Facebook, Inc., No. 3:15-cv-03747-JD (N.D. Cal. Aug. 8, 2019), hosted by the Electronic Privacy Information Center (EPIC). On October 20, 2019, the Ninth Circuit granted Facebook a motion to stay in Patel v. Facebook, pursuant to Federal Rule of Appellate Procedure 41(d)(2), to allow Facebook to file a petition for writ of certiorari in the Supreme...
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The FBI’s Surveillance Program Violated the Patriot Act and American Civil Liberties Posted on November 14, 2019 Archival of Document regarding the Section 702 2018 Certification, N.Y. Times, https://int.nyt.com/data/documenthelper/1880-fisa-rulings/40a12372947056b0dc08/optimized/full.pdf (last visited Nov. 14, 2019). On October 8, 2019, the Office of the Director of National Intelligence released three redacted opinions of the Foreign Intelligence Surveillance Court (“FISC”) and the Foreign Intelligence Surveillance Court of Review (“FISCR”) regarding reauthorization of Section 702 of the Patriot Act. In 2008...
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$30,000 For a Meme?: Implications of the CASE Act Posted on November 13, 2019 Copyright Alternative in Small-Claims Enforcement Act of 2019, H.R. 2426, 116th Cong. (as passed by House, Oct. 22, 2019). On October 22, 2019, the House passed the Copyright Alternative in Small-Claims Enforcement (“CASE”) Act of 2019 by an overwhelming 410-6 vote. The CASE Act, which was introduced in the House last May by Rep. Hakeem Jeffries (D-NY), would establish a...
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Hall v. Swift: Ninth Circuit Revives “Shake It Off” Copyright Lawsuit Posted on November 13, 2019 Sean Hall d.b.a. Gimme Some Hot Sauce Music, et al. v. Taylor Swift, et al., No. 18-55426 (Fed. Cir. Oct. 28, 2019). On October 28, 2019, the U.S. Court of Appeals for the Ninth Circuit reversed and remanded the U.S. District Court for the Central District of California’s dismissal of a complaint against Taylor Swift, Martin Sandberg, and Karl Schuster...
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Manipulated Media: Examining California’s Deepfake Bill Posted on November 12, 2019 A.B. 730, 2019 Leg., Reg. Sess. (Cal. 2019) (Elections: deceptive audio or visual media). On October 3, 2019, California Governor Gavin Newsom signed A.B. 730 into law. The legislation, written by Assemblyman Marc Berman (D-Palo Alto), forbids maliciously distributing or creating “materially deceptive” media about any candidate within 60 days of an election and will remain in effect until January...
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USPTO Update to Patent Subject Matter Eligibility Requirements Posted on November 05, 2019 U.S. Patent & Trademark Office, October 2019 Update: Subject Matter Eligibility (2019) On October 17, 2019, the U.S. Patent and Trademark Office (“USPTO”) released new guidance on the criteria for determining whether a particular subject matter is patent eligible. Only certain types of subject matter are patentable under United States law. Specifically, 35 U.S.C. §101 provides that one may...
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