Federal Circuit Flash Digest – Aatrix Software, Inc. v. Green Shades Software, Inc. Posted on February 28, 2018 Aatrix Software, Inc. v. Green Shades Software, Inc., No. 2017-1452, 2018 WL 843288 (Fed. Cir. Feb. 14, 2018) In Aatrix Software, Inc. v. Green Shades Software, Inc., the U.S. Court of Appeals for the Federal Circuit vacated the U.S. District Court for the Middle District of Florida’s grant of a motion to dismiss Aatrix Software, Inc.’s (“Aatrix”) patent infringement claim...
Continue reading

Oath Holdings v. Ajemian: Who Can Access Your Email Post-Mortem? Posted on February 26, 2018 Petition for Writ of Certiorari, Oath Holdings, Inc., v. Ajemian, No. 17-1005 (U.S. Jan. 16, 2018), petition hosted by SCOTUSblog.  Brief in Opposition (Feb. 20, 2018), brief hosted by SCOTUSblog.  Yahoo! Inc. (“Yahoo”) filed a petition for certiorari to the Supreme Court to provide an answer to whether an intestate’s email information can be shared with a court-appointed executor under...
Continue reading

Federal Circuit Flash – Advanced Video v. HTC: Federal Circuit Affirms Decision that Plaintiff Lacks Standing Because Co-Owner of Patent-In-Suit Was Not Party Posted on February 23, 2018 Advanced Video Techs LLC v. HTC Corp., No. 2016-2309, 2018 WL 357609 (Fed. Cir. Jan. 11, 2018). In Advanced Video Techs LLC v. HTC Corp., Advanced Video Techs LLC (“Advanced Video”) sued HTC America, Inc., Blackberry LTD, Blackberry Corporation, and Motorola Mobility LLC for patent infringement in the District Court for the Southern District of New York.  The district court dismissed...
Continue reading

Prometheus Radio Project v. FCC: Third Circuit Denies Petition to Stay FCC’s Deregulation of Local Broadcast Ownership Rules Posted on February 22, 2018 Order Denying Emergency Petition, Prometheus Radio Project et al. v. Federal Communications Commission, No. 18-1167 (3rd Cir. Feb. 7, 2018), hosted by FCC.gov. Last week, the Third Circuit issued an order denying an emergency petition to stay the FCC’s decision in November to deregulate local broadcast ownership rules, finding that the petitioner activist groups had not “satisfied the exacting standard...
Continue reading

BMG v. Cox: Court of Appeals Denies DMCA Safe Harbor in Landmark Copyright Case Posted on February 21, 2018 BMG Rights Mgmt. (US) LLC v. Cox Commc’n., Inc., Nos. 16-1972, 17-135 (4th Cir. Feb. 1, 2018), slip opinion, hosted by Justia.com. On February 1, the Federal Court of Appeals for the Fourth Circuit issued a mixed ruling in a dispute about copyright enforcement online, a decision likely to have lasting effects for content owners and internet service providers alike...
Continue reading

Hancock v. County of Rensselaer: Second Circuit Reinstates Lawsuit Over Improper Medical Records Access Posted on February 20, 2018 Hancock v. Cty. of Rensselaer, No. 16-2888, 2018 U.S. App. LEXIS 3090 (2d Cir. Feb. 9, 2018). Last week, the Second Circuit issued a decision in an appeal of a judgment from the United States District Court for the Northern District of New York, affirming in part and vacating in part the district court’s ruling which granted summary judgment to...
Continue reading

Flash Digest – News in Brief Posted on February 19, 2018 Court Easily Dismisses Patent Troll in Cloudflare Lawsuit Order Granting Motion for Judgment on the Pleadings and Granting Motion to Dismiss, Blackbird Tech LLC v. Cloudfare Inc., No. 17-cv-06883-VC (N.D. Cal. Feb. 12, 2018) Internet infrastructure firm Cloudflare emerged victorious on Monday, February 12 in a patent infringement suit brought by Blackbird Technologies. “Patent troll” Blackbird has collected dozens of...
Continue reading

WesternGeco v. ION Geophysical: SCOTUS to Decide Whether Damages for Domestic Patent Infringement Should Include Profits Lost Overseas Posted on February 18, 2018 Petition for Writ of Certiorari, WesternGeco LLC v. ION Geophysical Corp., No. 16-1011 (U.S.  Feb. 17, 2017), petition hosted by SCOTUSblog. Brief in Opposition, (Apr. 19, 2017), brief hosted by SCOTUSblog. Petitioner’s Reply Brief (May 8, 2017), brief hosted by SCOTUSblog. Last month, the Supreme Court of the United States agreed to hear an appeal from the Court of Appeals...
Continue reading

Flash Digest – News in Brief Posted on February 12, 2018 Court Orders Town to Reimburse $3 Million in Unconstitutional Speed Camera Tickets The Ohio Court of Appeals ordered the town of New Miami, Ohio to pay back over $3 million in speed camera tickets, affirming a lower court decision from 2017, and ending a six-year legal battle over the town’s speed camera usage. New Miami is a tiny town –...
Continue reading

TiVo v. Comcast: TiVo Files New Round of Patent Infringement Actions Against Comcast Posted on February 10, 2018 Complaint for Patent Infringement, Rovi Guides, Inc. v. Comcast Corp., No. 2:18-cv-00253 (C.D. Cal. Jan. 10, 2018); Complaint for Patent Infringement, Veveo, Inc. v. Comcast Corp., No. 1:18-cv-10056 (D. Mass. Jan. 10, 2018). Complaints (CA/MA) hosted by IPWatchdog. On January 10, 2018, two subsidiaries of TiVo Corporation (“TiVo”) brought patent infringement actions against Comcast Corporation (“Comcast”) seeking enhanced damages and...
Continue reading