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Constitutional Law Science, Computers & Technology Civil Procedure

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Advertising Litigation Report: Vol. 2, No. 2 - Lanham Act False Advertising

Summary Judgment Affirmed for Defendant in Lanham Act Challenge to Statements Concerning Popularity of Advertiser’s Product, Scarcity of Challenger’s Product: Verisign, Inc. v. XYZ.COM LLC, 848 F.3d 292 (4th Cir. 2017)...more

States Continue to Fill Gaps in Privacy Legislation: Illinois Biometric Law Gains Traction and Serves as Model for Other States

by Foley & Lardner LLP on

Enacted in 2008, Illinois’ Biometric Information Privacy Act (740 ILCS 14/1 or BIPA), generally requires companies to obtain a person’s consent before collecting, capturing, or purchasing a person’s “biometric identifier” or...more

A Bump in the Road: An Update on the Waymo v. Uber Litigation

The Waymo v. Uber trade secrets litigation has been underway for less than two months but the case has already hit quite few speed bumps with multiple discovery battles, Waymo’s efforts to obtain a preliminary injunction from...more

Recent settlements highlight plaintiff pitfalls in data breach cases

by Thompson Coburn LLP on

In a recent post, we discussed how plaintiff class members who have not suffered financial harm as a result of a data breach face challenges meeting the Article III standing requirement necessary to invoke a federal court’s...more

State Universities May Use Sovereign Immunity Defense in IPRs

The University of Florida picked up some big wins in the NCAA Men’s Basketball Tournament, moving into the tourney’s Sweet Sixteen. But the Gators also earned a big patent dispute victory recently in Covidien LP v. University...more

Wendy’s Successful in Trimming Data Breach Class Action Suit But No Dismissal

We have previously discussed the class action case filed against Wendy’s as a result of a data breach. The case was initially dismissed based upon lack of standing, but the plaintiffs were given the opportunity to amend the...more

Veteran Class-Action Suits Following Data Breaches Dismissed for Lack of Standing

by McDermott Will & Emery on

In a decision consolidating two cases involving two veterans and two separate incidences of data breaches at the Veterans Affairs Medical Center (VAMC) in South Carolina, the US Court of Appeals for the Fourth Circuit...more

Consumer Financial Services Newsletter - March 2017

by Hinshaw & Culbertson LLP on

A Flawed Class Definition – Court Grants Defendant's Motion to Strike Consumer's Proposed Class - Cholly v. The Uptain Group., et al, 1:15-cv-05030 - In Cholly v. The Uptain Group Inc., et al, the defendant debt...more

Biosimilar Remedies Not Limited Without Full Patent Dance

by Foley & Lardner LLP on

The judge presiding over the pending biosimilar litigation between Janssen and Celltrion/Hospira has issued guidance regarding the ramifications of a potential standing defect. Judge Wolf opined that Janssen’s biosimilar...more

Post-Spokeo, Michigan’s VRPA Still a Thorn in the Side of Magazine Sellers

by Klein Moynihan Turco LLP on

Last month, a federal district court held that alleged violators of Michigan’s Video Rental Privacy Act (the “VRPA”) cannot seek shelter under the United States Supreme Court’s Spokeo, Inc. v. Robins ruling. The Court also...more

Fourth Circuit To Plaintiffs: “Could” Isn’t Enough For Standing

by Cozen O'Connor on

A split continued to develop in the federal courts last month as the Fourth Circuit denied Article III standing to the plaintiffs in a data breach case whose alleged injuries were limited to the increased risk of future...more

Federal Circuit Review | February 2017

“Common Sense” Alone Is Not a Sufficient Motivation to Combine References - In In Re: Van Os, Appeal No. 2015-1975, the Federal Circuit held that the Patent Trial and Appeal Board’s reliance on intuition or common sense...more

Law Firm Sued for Alleged Lax Data Security Obtains Significant Win in District Court

Back in December of last year, we reported that for the first time, a U.S. law firm – Johnson & Bell, a mid-sized Chicago firm – was publicly named in a class action data security lawsuit. Last month, the firm obtained a...more

Plaintiffs in Horizon Breach Win Key Article III Ruling at 3rd Circuit

by Cozen O'Connor on

Recently, the Third Circuit Court of Appeals overturned a United States District Court for the District of New Jersey dismissal of a class action filed in the aftermath of a data breach at Horizon Healthcare Services Inc.,...more

District Court Rules That Statutory Violation Without Actual Damages Counts As Injury In Fact For Article III Standing

by King & Spalding on

On February 15, 2017, the United States District Court for the Eastern District of Michigan denied Time Inc.’s (“Time”) motion to dismiss a lawsuit predicated on Michigan’s Video Rental Privacy Act (the “Act”). According to...more

Article III Injury-in-Fact Required to Appeal PTAB Final Written Decision in IPR

by McDermott Will & Emery on

Addressing the legal standard for demonstrating standing in an appeal from a final agency decision, the US Court of Appeals for the Federal Circuit concluded that petitioners must have Article III standing to appeal a Patent...more

Standing In Data Breach Class Actions: The Fourth Circuit Weighs In, Affirming Dismissal For Lack Of Subject Matter Jurisdiction

by King & Spalding on

The U.S. Court of Appeals for the Fourth Circuit issued a unanimous opinion in Beck v. McDonaldon February 6, 2017, clarifying the standard for Article III standing and what constitutes sufficient injury-in-fact in putative...more

Litigation Alert: The Fourth Circuit Limits Standing to Bring Data Breach Cases

by Fenwick & West LLP on

The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment by requiring plaintiffs to allege and show...more

Issue Two: Keeping Tabs on the PTAB

by Goodwin on

The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Fourth Circuit Weighs In on Article III Standing in Data Breach Suits

Earlier this month, the Fourth Circuit weighted in with the most recent decision in the developing case law on Article III standing in data breach litigation, a topic that we have been covering extensively on this...more

Ruling Vacating Target Consumer Class Settlement Highlights The Problem Of Standing In Data Breach Cases

When hackers steal consumer data, injury to consumers is not a foregone conclusion. This is particularly so where credit and debit card numbers are stolen. Banks, not consumers, bear the cost of fraudulent charges. ...more

Intellectual Property Bulletin - Winter 2017

by Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in...more

Beck v. McDonald – 4th Circuit Weighs In on Standing in Data Breach Case

by Moore & Van Allen PLLC on

We don’t see a lot of data breach litigation here in the Fourth Circuit. So it is notable that the Fourth Circuit Court of Appeals issued an opinion yesterday that weighs in on the standing debate (For more on the debate:...more

Spokeo-Based Challenge to TCPA Lawsuit Denied by Illinois Federal Court

by Klein Moynihan Turco LLP on

A recent Spokeo-based challenge to a plaintiff’s standing in a Telephone Consumer Protection Act (“TCPA”) lawsuit was denied by a federal court in the Northern District of Illinois. With the denial of the motion to dismiss,...more

The Latest Word (or Text) on TCPA Standing Post-Spokeo and Consent

On January 30, 2017, in Van Patten v. Vertical Fitness Group, No. 14-55980, the Ninth Circuit Court of Appeals found that a Telephone Consumer Protection Act (TCPA) plaintiff had sufficiently alleged an Article III...more

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