DC Court of Appeals find Section 230 CDA Immunity From Algorithm Use by Service Providers The Court of Appeals for the District of Columbia affirmed the lower court’s decision dismissing a complaint against Google, Microsoft, and Yahoo! (herein “Online Service … [Read more...] about Online Service Providers are Immune to Suit Under Section 230 of the CDA if They Use an Algorithm to Re-Publish Third Party Content
Government Entities Cannot Initiate Inter Parties Patent Proceedings to Invalidate Patents
U.S. Supreme Court Clarifies Scope of Who Can Bring an IPR The U.S. Supreme Court has ruled that because portions of the Patent Act refer to “persons” who may initiate Inter Parties Patent Proceedings seeking to invalidate an issued patent, government entities, such as the … [Read more...] about Government Entities Cannot Initiate Inter Parties Patent Proceedings to Invalidate Patents
Two ADA Website Compliance Cases From New York Dismissed
ADA Website Compliance Cases Create Additional Guidance Two cases from the U.S. District Court of the Southern District of New York (SDNY) provide some guidance to website owners handling federal court complaints brought under the Americans with Disabilities Act of 1990, 42 … [Read more...] about Two ADA Website Compliance Cases From New York Dismissed
Florida Appeals Court Blocks Disclosure of iPhone Passwords
The Florida Court of Appeals for the Fourth District (4th DCA) reversed a trial court order which compelled a minor to disclose the passwords to open his iPhone and iTunes account, holding that “compelling disclosure of the iPhone passcode and iTunes password violated his rights … [Read more...] about Florida Appeals Court Blocks Disclosure of iPhone Passwords
Multiple Patents Require Multiple Jury Answers To Support Finding of Willfulness
The Court of Appeals for the Federal Circuit vacated and remanded the lower court decision for a new trial on indirect infringement, compensatory damages, willful infringement, enhanced damages, and attorney's fees, and affirmed no invalidity, and reversed in part direct … [Read more...] about Multiple Patents Require Multiple Jury Answers To Support Finding of Willfulness
Congressional Leaders Release a Bipartisan, Bicameral Draft Bill on Patent Eligible Subject Matter, Section 101 of the Patent Act.
U.S. Congressional leaders Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair and Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, Representative Doug Collins (R-GA), Ranking Member of the House Judiciary Committee, Representative Hank Johnson … [Read more...] about Congressional Leaders Release a Bipartisan, Bicameral Draft Bill on Patent Eligible Subject Matter, Section 101 of the Patent Act.
Graphical User Interface (GUI) Patent Does Not Define Patent Eligible Subject Matter
The Court of Appeals for the Federal Circuit ruled that the claimed method requiring “displaying” a plurality of bid and offer indicators along a “scaled axis of prices,” “receiving market information,” displaying that information along the axis, and “displaying” information … [Read more...] about Graphical User Interface (GUI) Patent Does Not Define Patent Eligible Subject Matter
Federal Computer Fraud and Abuse Act May Be Violated By Scraping Coupon Code Data
The U.S. District Court for the Northern District of Illinois upon a Rule 12(b)(6) motion dismissed a count for violation of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030(a)(2)( C), because plaintiff CouponCabin did not allege damages exceeding the $5,000 statutory … [Read more...] about Federal Computer Fraud and Abuse Act May Be Violated By Scraping Coupon Code Data
A Trademark Registration Is Not Always A Guarantee of Protection
In Playnation Play Systems, Inc. v. Velex Corporation, d.b.a. Gorilla Gym, Case No. 17-15226 (11th Cir. 2019) (Full opinion available here), the Court affirmed the lower court’s finding of infringement and cancellation of Velex’s mark, but vacated and remanded the award of … [Read more...] about A Trademark Registration Is Not Always A Guarantee of Protection
Infringing Trademark “Use In Commerce” is not limited to the Statutory Definition intended for Registration Purposes
In Versatop Support Systems, LLC v. Georgia Expo, Inc., Case No. 2018-1208 (Fed. Cir. 2019)(Full Opinion Available Here), the Federal Circuit reversed the District Court and found that a violation of trademark law was established on the admitted facts and infringing “use in … [Read more...] about Infringing Trademark “Use In Commerce” is not limited to the Statutory Definition intended for Registration Purposes
