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University of Pittsburgh v. Varian Medical Systems, Inc. (Fed. Cir. 2014)

The Federal Circuit used its decision that the District Court erred in certain of its claim construction determinations to reverse a jury award of greater than $100 million, but left intact large portions of the District...more

Once Again, Clapper Defeats Data Breach Class Action

Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused. In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal...more

False Claim Act: 2013 Year in Review

Last year continued the trend of robust False Claims Act (FCA) enforcement by the U.S. Department of Justice (DOJ) and proliferating qui tam lawsuits brought by whistleblowers on behalf of the United States. In 2012, DOJ...more

Parameters of CDA Immunity Being Tested by Appeals Court in Jones v. Dirty World Entertainment

The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor...more

HHS States That It Will Issue Guidance On HIPAA Regulation For Prescription Refill Reminders

On September 11, 2013, HHS stated in a joint motion filed in the case of Adheris, Inc. v. Sebelius, No. 1:13-cv-1342 (D.D.C.), that it plans to issue guidance on a HIPAA regulation related to prescription drug refill...more

HIPAA Marketing Rules Prompt First Amendment Challenge

In what is believed to be the first legal challenge to the HIPAA Omnibus Rule (the “Rule”), a vendor of prescription drug adherence services is seeking an injunction to block certain provisions of the Rule related to drug...more

Class Action Plaintiffs Lack Standing under Clapper to Sue Barnes & Noble for Credit Card Data Breach

Relying heavily on the Supreme Court’s recent Clapper decision, a federal court dismissed a class action lawsuit arising out of a “skimming” data breach against Barnes & Noble (BN)....more

Amici Submit Brief in Support of Ambry Genetics and Gene by Gene

Last week, the American Civil Liberties Union (ACLU), ACLU of Utah Foundation, Inc., Public Patent Foundation (PUBPAT), Association for Molecular Pathology (AMP), Breast Cancer Action, and AARP submitted an amici curiae brief...more

What You Should Know About Electronic Subscriptions and Copyright Law: A Best Practices Guide

Increasingly, printed matter is being made available via the Internet in electronic form, and both publishers and readers alike are starting to prefer an online format over the printed hardcopy format. One example is...more

IP Update, Vol. 16, No. 6, June 2013

Patents / Patent Eligible Subject Matter - Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter -- AMP et al. v. Myriad Genetics, Inc.: In a 9–0 decision the Supreme...more

Federal District Court Allows Data Breach Class Action to Proceed Based On Risk Of Future Harm

On October 11, the U.S. District Court for the Southern District of California held that the plaintiffs in a consolidated data breach class action have plead sufficient harm to satisfy Article III’s injury-in-fact requirement...more

Eleventh Circuit Reverses Dismissal of Data Breach Class Action Involving Stolen Laptops

Addressing a purported class action filed after laptops containing health care patients’ private data were stolen, the Eleventh Circuit recently issued one of its more consumer-friendly class action decisions, Resnick v....more

Supreme Court Grants Enhanced Access to Justice for Victims of Cyberbullies

On September 27, 2012, the Supreme Court of Canada released its decision in AB v Bragg Communications Inc., an important constitutional case at the intersection of defamation law and children’s rights. A.B., the...more

Update: $675,000 Jury Verdict Against Music File-Sharer Upheld

As previously discussed on this blog, last year the First Circuit held that the jury verdict for $675,000 in statutory damages against graduate student and file sharer Joel Tenenbaum should not have been reduced to $67,500 by...more

"Suggestion" of Mootness or, alternatively, Motion for Remand in AMP v. USPTO

One of the interesting and unresolved issues in the Association for Molecular Pathology v. U.S. Patent and Trademark Office case ("Myriad") involves whether the Federal Circuit, or any U.S. court, has jurisdiction to hear the...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - January 20, 2012

Table of Contents: •Golan v. Holder U.S. Supreme Court affirms decision of Tenth Circuit holding that federal law restoring copyright protection to foreign works previously in the public domain does not violate...more

IP Academy Newsletter- October 2011

Federal Circuit Reverses District Court Decision and Rules that Isolated DNA Sequences Are Patent-Eligible Subject Matter In a recent decision, Ass’n for Molecular Pathology v. U.S. Patent and Trademark Office et al.,...more

The Electronic Privacy Information Center, et al., v. Napolitano

Reply To Opposition To Emergency Motion For Injunctive Relief

EPIC Pursues Lawsuit Against Homeland Security, Urges Court to Suspend Body Scanner Program Today, EPIC filed a reply in its case against the Department of Homeland Security, EPIC v. DHS,10-1157. EPIC had previously filed...more

Interactive Media Entertainment & Gaming Association, Inc. v. Honorable Thomas Wingate and Commonwealth of Kentucky et al.,

Motion For Intermediate Relief

EFF, (CDT), and the (ACLU) urged a Kentucky Court of Appeals in November of 2008 to vacate a lower court's order authorizing the seizure of more than 100 Internet domain names associated with websites operating around the...more

Interactive Media Entertainment & Gaming Association, Inc. v. Honorable Thomas Wingate and Commonwealth of Kentucky et al.,

Petition For Original Proceeding Pursuant To CR 76.36

EFF, (CDT), and the (ACLU) urged a Kentucky Court of Appeals in November of 2008 to vacate a lower court's order authorizing the seizure of more than 100 Internet domain names associated with websites operating around the...more

Bank Julius Baer & Co. Ltd, & Julius Baer Bank & Trust Co, LTD v Wikileaks; Wikileaks.org; and Does 1-10

Minute Order Tentatively Denying the Motion for Preliminary Injunction & Dissolving the Injunction by Dynadot

On 2-6-08, Swiss bank Julius Baer filed suit in federal district court against "Wikileaks," a website designed to give whistleblowers a forum for posting materials of public concern, for hosting 14 allegedly leaked documents...more

Bank Julius Baer & Co. LTD & Julius Baer Bank & Trust Co. LTD v. WikiLeaks, et al

Order Denying Motion For Preliminary Injunction; Dissolving Permanent Injunction; And Setting Briefing & Hearing Schedule

A federal district court judge in San Francisco today rescinded a controversial order that disabled the "wikileaks.org" domain name which had -- until two weeks ago -- pointed to Wikileaks, a website designed to give...more

Bank Julius Baer & Co. Ltd, & Julius Baer Bank & Trust Co, LTD v Wikileaks; Wikileaks.org; and Does 1-10

Plaintiffs' Brief in Opposition to Multiple Applications & Motions by Proposed Amici and/or Requests to Intervene

On 2-6-08, Swiss bank Julius Baer filed suit in federal district court against "Wikileaks," a website designed to give whistleblowers a forum for posting materials of public concern, for hosting 14 allegedly leaked documents...more

Bank Julius Baer & Co. Ltd, & Julius Baer Bank & Trust Co, LTD v Wikileaks; Wikileaks.org; and Does 1-10

Daniel Mathews' Memorandum of Points & Authorities in Opposition to the Temporary Restraining Order, Proposed Preliminary...

On 2-6-08, Swiss bank Julius Baer filed suit in federal district court against "Wikileaks," a website designed to give whistleblowers a forum for posting materials of public concern, for hosting 14 allegedly leaked documents...more

Bank Julius Baer & Co. Ltd, & Julius Baer Bank & Trust Co, LTD v Wikileaks; Wikileaks.org; and Does 1-10

Plaintiffs' Supplemental Brief in Support of Application for Preliminary Injunction re: Response to the Reporters Committee et...

On 2-6-08, Swiss bank Julius Baer filed suit in federal district court against "Wikileaks," a website designed to give whistleblowers a forum for posting materials of public concern, for hosting 14 allegedly leaked documents...more

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