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Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud

For many companies, the main question about cloud computing is no longer whether to move their data to the “cloud,” but how they can accomplish this transition. Cloud (or Internet-based on-demand) computing involves a shift...more

Status Updates - October 2014 #12

..Unfree speech? In the United States, the First Amendment would likely prevent the prosecution of someone who posted racist or anti-Semitic messages on a social media platform. But social media platforms operate worldwide,...more

Wiped Out

If you thought Google was the only organization affected by the European Court of Justice’s May decision honoring a Spanish man’s right to have a newspaper story about him erased from its search rankings, you’d be wrong. In...more

Federal Circuit Review | October 2014

Inequitable Conduct Ruling Upheld - In AMERICAN CALCAR, INC. v. AMERICAN HONDA MOTOR CO., Appeal No. 2013-1061, the Federal Circuit affirmed a finding of inequitable conduct. Calcar asserted patents related to...more

Are Browsewrap Agreements Enforceable?

Almost all social media sites contain “Terms of Service” (“TOS”). Are they enforceable against users? It depends on the presentation and the issue....more

PTAB Addresses Issue of Whether IPR Prior Art is Enabling

A “Hail Mary” of sorts, for Patent Owners, in their fight to defend the patentability of a challenged patent, can be an argument that a particular prior art reference is not relevant to the patentability analysis because it...more

Use as a verb not always the kiss of death for trademarks: Elliot v. Google

Use of a trademark as a verb is an oft-cited example of trademarks becoming generic, and frequently used as an easy case of “genericide” by legal textbook authors (not to mention legal bloggers). The owners of famous...more

Entangled in the Web of Things

By finding new uses for data, the Internet of Things heralds a host of challenges - Within a decade, analysts say, the “Internet of Things” will have transformed our lives. Billions of Internet-connected devices will...more

Japan – Google Privacy Case

On 9 October 2014, Judge Nobuyuki Seki of the Tokyo District Court granted a provisional injunction against Google Inc. (“Google“) and ordered Google to delete search results of a plaintiff who claimed his privacy rights had...more

Teva v. Sandoz -- Is Deferential Review a Boon for Patent Trolls?

On Wednesday, the Supreme Court will hear oral arguments in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case to determine whether appellate courts should afford any deference to a trial court's claim construction...more

Automobile Technology- Set to Change the Face of Liability Litigation

Google recently announced its first truly driverless vehicle. Google’s vehicle allows an individual to “drive” a car while never touching the steering wheel. It is completely autonomous. It is sure to be the first of many...more

Appearances Aside, “Something More” Still Needed for Trademark Infringement Liability in Keyword Advertising Cases

Search engine optimization is a vital issue for brand owners. When a potential customer searches online for Company A, a well-known brand, Company A naturally wants its own website to be as high in the search results as...more

Status Updates - October 2014 #5

..Big Brother isn’t just watching. A single mother in upstate New York was surprised to find that she had a Facebook page in her name, complete with photos of her, her son, and her niece. She hadn’t actually set up the page....more

Alice in Wonderland: The Ongoing Impact of Alice Corp. v. CLS Bank Int’l on Computer-Implemented Inventions

On June 19, 2014, the U.S. Supreme Court issued a unanimous decision in Alice Corp. v. CLS Bank Int’l (Alice)[i]. In Alice, the Court held that several patents that pertained to a computerized platform for eliminating risk...more

Lightning Strikes and Patent Owner Gets Additional Discovery

In Samsung Electronics Co., Ltd. v. Black Hills Media, LLC, IPR2014-00717, Paper 17, IPR2014-00735, Paper 17 (October 2, 2014), the patent owner presented sufficient information to call into question whether Google was also a...more

Entrepreneurs: The New Wave of Immigrants

In the last ten years, the number of US companies started by foreign-born entrepreneurs has skyrocketed. From Google, Facebook, LinkedIn, Zip Car and Tesla, foreign-born founders created some of the most successful US...more

Fiduciary Access to Digital Assets and Accounts

Traditionally, a person’s most valuable assets to be distributed upon death consisted of tangible items such as real property, cash, jewelry and personal effects of sentimental value like photographs and letters. However, the...more

Connected Cars – legal issues and hurdles!

Connected cars are expected to generate $ 131.9 billion by 2019 with a compound annual growth rate (CAGR) of 34.7% from 2013 to 2019. But such growth shall face legal issues that not only affect data protection matters, but...more

Google Street View Plaintiffs on the Hunt for “a Needle in a Haystack” to Demonstrate Standing, but District Court Grants...

Back in April, Google filed a Petition for Certiorari with the U.S. Supreme Court in the Street View case, seeking review of the Ninth Circuit’s decision holding that unencrypted Wi-Fi signals are protected from interception...more

Patent Law Developments: Indefiniteness and Damages

Interval Licensing v. AOL, Inc. (Fed. Cir. 2014)- The Court of Appeals for the Federal Circuit’s opinion in Interval Licensing v. AOL, Inc. is the first case interpreting the general (and highly criticized) standard...more

Status Updates - October 2014

..Where are the CEOs? According to a new study, fully two-thirds of the CEOs of the Fortune 500 have no personal social media presence at all. And of the ones who do participate in social media, two-thirds use only one of the...more

Update on Injunction Against Google (Equustek Solutions Inc. v. Google Inc.)

Last summer, Google was ordered by a Canadian court to de-index certain offending websites which were selling goods that were the subject of an intellectual property (IP) infringement claim (Equustek Solutions Inc. v. Jack,...more

Googling Doesn’t Break Google Trademark

Our friend Professor Eric Goldman, over at his Technology and Marketing Law Blog, reported earlier this week that the Google trademark has survived a genericness attack by a fellow named David Elliot. Below is a link to Mr....more

Google Settles With FTC Over In-App Purchases Dispute

Google reached a major settlement with the FTC this month, agreeing to pay $19 million to consumers whose children made purchases through Google Play, an Android-based app store. The agency alleged that Google did not...more

Advertising Law - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules....more

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