Schrems v. Facebook: CJEU Accepts Facebook User as Consumer but Disallows Class Action Under Special Jurisdiction Rule Posted on February 05, 2018 Maximilian Schrems v. Facebook Ireland Limited, judgment of 25 January 2018, C-498/16, EU:C:2018:37 On January 25, 2018, the Court of Justice of the European Union (“CJEU”) rendered an important jurisdictional decision against Facebook. The gist of the dispute was whether users could use the “consumer forum” special jurisdiction rule in (1) their own claims against Facebook or (2) for claims...
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Teva v. Eli Lilly: Teva argues Lilly is infringing migraine drug patent in the United States Posted on December 08, 2017 Complaint for Declaratory Judgment and Injunctive Relief, Teva Pharmaceuticals International GmbH v. Eli Lilly and Company, No. 1:17-cv-12087 (D. Mass., Oct. 24, 2017), complaint hosted by FDAnews.com. On October 24, 2017, Teva Pharmaceuticals International GmbH (“Teva”) brought a patent infringement action for a declaratory judgment against Eli Lilly and Company (“Lilly”). The lawsuit seeks damages and an injunction that would...
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Uber’s August Settlement with the FTC and New Data Insecurity Revelations Posted on December 06, 2017 This August, Uber settled FTC allegations of deceptive privacy and data security claims by agreeing to a privacy program and obtaining regular and independent audits. The FTC alleged that Uber falsely told its customers their personal information was monitored by data security specialists on an ongoing basis and that Uber was providing reasonable security for its customers’ personal information stored...
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Flash Digest – News in Brief Posted on December 05, 2017 Supreme Court Hears Oral Argument in Cell Phone Privacy Case The Supreme Court heard oral argument on November 29 in Carpenter v. United States, No. 16-402 (2017), the latest case testing the boundaries of digital privacy. The case presents the question of whether, under the Fourth Amendment, police should be required to obtain a search warrant before acquiring a user’s...
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Columbia v. Seirus: Damages Verdict Generates Interest For Future of Design Patents Posted on December 04, 2017 Columbia Sportwear North America, Inc. v. Seirus Innovative Accessories, Inc., Nos. 3:17-cv-01781-HZ (S.D.Cal. September 29, 2017), verdict hosted by Patently-O blog, 3:15-cv-00064-HZ 2016 WL 4238640 (D. Oregon August 10, 2016), opinion hosted by Patently-O blog. A California district court jury reached a damages verdict for Columbia Sportwear of just over $3 million for Seirus’s infringement of Columbia’s design patent for...
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Federal Circuit Flash Digest – BASF Corp. v. Johnson Matthey Inc. Posted on December 03, 2017 BASF Corp. v. Johnson Matthey Inc., No. 2016-1770, 2017 WL 5559629 (Fed. Cir. Nov. 20, 2017) Last week, in BASF Corp. v. Johnson Matthey Inc., No. 2016-1770, 2017 WL 5559629 (Fed. Cir. Nov. 20, 2017), the U.S. Court of Appeals for the Federal Circuit reversed and remanded a decision by the U.S. District Court for the District of Delaware. The...
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Flash Digest – News In Brief Posted on November 30, 2017 Facebook Revenge Porn Initiative Asks Users to Preemptively Send Intimate Images In a bid to combat the growing trend of revenge porn on its platform, Facebook has invited its Australian users to send the social media giant copies of their intimate images so it can pre-emptively remove them from the world’s third-most-visited website. In an online press release, Facebook’s Global...
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A New Right of Access? ACLU and MFIA Clear First Hurdle in FISC Redaction Challenge Posted on November 27, 2017 In Re: Opinions & Orders of This Court Addressing Bulk Collection of Data Under the Foreign Intelligence Surveillance Act, hosted by aclu.org. In early November, the Foreign Intelligence Surveillance Court (“FISC”) allowed the American Civil Liberties Union (“ACLU”) and Yale Law School’s Media Freedom and Information Access Clinic (“MFIA”) to continue their challenge to access confidential court records. The plaintiffs asserted...
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Flash Digest – News in Brief Posted on November 24, 2017 Forever 21 Reports Possible Data Breach Fashion retailer Forever 21 Inc. released a statement on November 14, 2017 on its website stating that “there may have been unauthorized access to data from payment cards” used in some of its stores. The company, which operates more than 815 stores in 57 countries, did not specify which of its stores were affected...
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Two-Way Media v. Comcast: Federal Circuit Affirms Two-Way Media’s Internet Multicasting Claims Are Patent Ineligible Posted on November 23, 2017 Two-Way Media Ltd v. Comcast Cable Communs., LLC, Nos. 2016-2531, 2016-2532, 2017 U.S. App. LEXIS 21706 (Fed. Cir. Nov. 1, 2017). The Federal Circuit affirmed the decision of the U.S. District Court for the District of Delaware, which held that Two-Way Media’s asserted patents regarding Internet multicasting were patent ineligible under The Patent Act, 35 U.S.C. § 101. To address...
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