Google LLC v. Oracle America, Inc.: The Supreme Court Considers the “Copyright Lawsuit of the Decade” Posted on October 29, 2020 Google LLC v. Oracle America, Inc., No. 18-956 When Google built its Android platform, it sought to make the platform compatible with Java, a programming language owned by Oracle. Java developers use application programming interface (API) packages to perform certain functions. To make Android Java-compatible, Google reverse-engineered the Java APIs. Google LLC v. Oracle America, Inc. now poses the question...
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Allele v. Regeneron & Allele v. Pfizer and BioNTech: The Cases of a Protein, a Patent, and a Pandemic Posted on October 20, 2020 Complaint, Allele Biotechnology and Pharmaceuticals, Inc. v. Regeneron Pharmaceuticals, Inc. (S.D.N.Y. Oct. 5, 2020) (No. 7:20-cv-08255), complaint hosted by bloomberglaw.com; Complaint, Allele Biotechnology and Pharmaceuticals, Inc. v. Pfizer, Inc., BioNTech SE, and BioNTech US, Inc. (S.D. Cal. Oct. 5, 2020) (No. 3:20-cv-01958-GPC-AHG), complaint hosted by courtlistener.com. Earlier this month, San Diego-based Allele Biotechnology and Pharmaceuticals, Inc. (“Allele”) filed suits alleging...
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While the DOJ Appeals the Preliminary Injunction on President Trump’s TikTok Ban, the Administration’s National Security and Privacy Concerns Seem Unfounded Posted on October 20, 2020 On October 8, the U.S. Department of Justice appealed the lower court’s decision—to grant a preliminary injunction blocking part of the Trump administration’s ban on the video-sharing company TikTok from U.S. app stores—to the D.C. Circuit. In his September 27 order, D.C. District Court Judge Carl Nichols held that the administration likely exceeded its authority by infringing on American citizens’...
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Empower Texans, Inc. v. Geren: First Amendment Allegations Dismissed in Federal Court Posted on October 20, 2020 Empower Texans, Inc. v. Geren, No. 19-50577 (5th Cir. Oct. 5, 2020) On October 5, 2020, the United States Court of Appeals for the Fifth Circuit filed an opinion in Empower Texans, Inc. v. Geren vacating a previous judgement and remanding the case to the lower court to be dismissed. Empower Texans initially filed the lawsuit against Charlie Geren, the...
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Reed v. Bernard: Third Circuit Finds No First Amendment Right to Verbatim Record of Judicial Proceedings Posted on October 20, 2020 Reed v. Bernard, No. 20-1632 (3d Cir. Sep. 29, 2020) The First Amendment right of access to judicial proceedings does not require courts to release or allow creation of verbatim recordings of their hearings, the U.S. Court of Appeals for the Third Circuit ruled on September 29, 2020. Reversing an earlier district court decision, the Third Circuit held that journalists...
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ACLU v. Clearview: ACLU Challenges Mass Facial Recognition Service Under Illinois Biometric Privacy Law Posted on October 20, 2020 Complaint for injunctive and equitable relief, ACLU v. Clearview AI Inc (Circuit Court of Cook County, Illinois, May 28, 2020)(No. 9337839), complaint hosted by the ACLU. The ACLU is suing Clearview, a facial recognition company, under the Illinois Biometric Information Privacy Act (BIPA). The suit raises the issue of privacy as facial recognition technology grows increasingly sophisticated and ubiquitous. Clearview...
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USPTO v. Booking.com: SCOTUS Expands Trademark Registration Options for Online Corporate Branding Posted on October 11, 2020 United States Patent and Trademark Office v. Booking.com B. V., No. 19-46 (June 30, 2020). On June 30, 2020, Booking.com, a travel-reservation website, prevailed against the U.S. Patent and Trademark Office (“USPTO”) as the U.S. Supreme Court opened the door to a new class of trademarks derived from generic terms. The 8-1 decision followed the Court’s first-ever telephonic oral arguments...
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FTC v. Qualcomm: FTC Seeks En Banc Hearing After Unanimous Ninth Circuit Court of Appeals Loss to Qualcomm Posted on October 11, 2020 F.T.C. v. Qualcomm, 411 F.Supp.3d 658, (N.D. Cal. 2019). On September 25, the Federal Trade Commission (FTC) requested a rehearing en banc from the Ninth Circuit Court of Appeals in an antitrust case against Qualcomm. A common challenge for those in the patent licensing business is patent exhaustion. Qualcomm’s solution to patent exhaustion is their decision not to license their...
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Striking down #Privacy Shields, Schrems II leaves uncertainty for international transfer of personal data out of the E.U. Posted on October 10, 2020 In Schrems II, the Court of Justice for the European Union (CJEU) struck down the E.U.-U.S. Privacy Shield but upheld the validity of standard contractual clauses (“SCCs”). The Privacy Shield authorizes companies to transfer data from E.U. to the U.S; SCCs offer acceptable additional safeguards for the transfer of personal data to processors established in third countries. C-311/18, Data Protection...
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FTC issues guidelines to minimize opportunities for bias in AI use Posted on October 10, 2020 Realizing the potential consumer risks of artificial intelligence (“AI”) technology permeating many businesses today, the Federal Trade Commission (“FTC”) issued guidelines last April for companies using automated decision-making algorithms in their platforms. In crafting its guidelines, the FTC, which is tasked with protecting consumers and competition against unfair, deceptive, and anti-competitive business practices, drew from its long history of managing...
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