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Kaffaga v. Estate of Steinbeck: Copyright and Damages in the Latest Litigation Round over John Steinbeck’s Works

By Inés O’Farrell – Edited by Ryen Bani-Hashemi
Kaffaga v. Estate of Thomas Steinbeck, No. 18-55336, (9th Cir. Sept. 9, 2019). On September 9, 2019, the United States Court of Appeals for the Ninth Circuit reviewed a decision regarding copyrights over John Steinbeck’s works. The court affirmed a 2018 verdict awarding plaintiff Waverly Scott Kaffaga—executrix of the Estate of Elaine Steinbeck (the author’s wife)—$5.25 million in compensatory damages...
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Copyright Reports
United States v. Snowden: DOJ Alleges Snowden Published Classified Information

By Meredith Manda - Edited by Maude Wilson
Complaint, United States v. Snowden, No. 1:19-cv-01197 (E.D. Va. Sept. 17, 2019), complaint hosted by DOJ. The Department of Justice (“DOJ”) is suing whistleblower Edward Snowden over his recently published book, Permanent Record. The DOJ alleges that the book may contain classified information and that Snowden failed to submit the book’s manuscript for prepublication review by relevant federal authorities...
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Reports First Amendment National Security
PragerU v. YouTube: Does the First Amendment Apply to the Internet’s Public Square?

By Aaron Fogelson – Edited by Sean Lee
Brief of Plaintiff, Prager University v. Google, Inc., No. 17-06064-cv (C.D. Cal. Oct. 23, 2017), brief hosted by Browne George Ross LLP. Prager University (“PragerU”) filed a complaint in the US District Court for the Northern District of California claiming that YouTube discriminately censors their content in violation of the First Amendment. PragerU argues that YouTube, despite claiming to...
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Reports First Amendment
California State Legislature Passes Five Amendments to the California Consumer Privacy Act Before Recess

By Francisco Collantes - Edited by Lilian Zhao
A.B. 25, 2019 Leg., Reg. Sess. (Cal. 2019) A.B. 874, 2019 Leg., Reg. Sess. (Cal. 2019) A.B. 1146, 2019 Leg., Reg. Sess. (Cal. 2019) (exemptions: vehicle information) A.B. 1355, 2019 Leg., Reg. Sess. (Cal. 2019) (personal information) A.B. 1564, 2019 Leg., Reg. Sess. (Cal. 2019) (consumer privacy: consumer request for disclosure methods) California’s 2019 legislative session wrapped just over...
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Reports Privacy
U.S. International Trade Commission Patent Infringement Investigation of Major Filament LED Retailers on Request from the University of California

By Ali Nazari – Edited by Abigail Liles
Filament Light-Emitting Diodes and Products Containing Same, USITC Pub. 3401, Inv. No. 337-TA-1172, (Aug. 2019) (pending before the Administrative Law Judge). The United States International Trade Commission (“ITC”) initiated an unfair import (Section 337) investigation pursuant to 19 U.S.C. § 1337 against Amazon, Bed Bath & Beyond, IKEA, Target, and Walmart (“the Proposed Respondents”) for alleged Filament LED patent violations...
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Reports Patent
Dealing with Profane Trademarks: SCOTUS Considers Hearing Constitutionality of Scandalous Marks Provision

By Andrew Distell - Edited by Oladeji Tiamiyu
Andrei Iancu v. Erik Brunetti, Petitioner’s Brief, hosted by the Supreme Court Andrei Iancu, Under Secretary of Commerce for Intellectual Property and the United States Patent and Trademark Office (“USPTO”), appealed the United States Court of Appeals for the Federal Circuit’s Ruling in favor of Erik Brunetti to the United States Supreme Court. Petitioner Iancu is represented by United States...
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Reports Trademark
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