FCC Releases Text of Wi-Fi-Focused E-Rate Reform Order and Further NPRM
Last Thursday, July 24, the FCC issued the 176-page text of its E-rate Modernization Order (“Order”), which it adopted on July 11 in a sharply divided and partisan 3-2 vote. The Order includes a...
View ArticleWorn on the Sleeve
Watches that monitor sleep quality. Skullcaps that gauge head injury. An infant bodysuit that sends temperature and breathing updates to a mobile device. Ear buds that track your heart rate. These are...
View ArticleSocial Media Freedom of Expression Cases Pit the Public Against Public Officials
In perhaps the next battleground for government and education, citizens who comment on social media sites are facing off with local government officials public and school administrators who find their...
View ArticleWEBINAR: Preparing for the HITECH September Deadline - Tips for Negotiating...
Business Associate Agreements (BAAs), in the current regulatory and technological environment, require careful review and negotiation of the implementation of the regulatory requirements. In meeting...
View ArticleShire LLC v. Amneal Pharms., LLC (D.N.J.)
The defendants include generic ANDA applicants (the “generic defendants”) and the API manufacturer, Johnson Matthey, Inc. and Johnson Matthey Pharmaceutical Materials (collectively “JM”). Six summary...
View ArticleA Window into the Future for Apple’s Trade Dress?
A few weeks back, Steve discussed Apple’s recent applications to register a trio of non-verbal trademarks, shown below......By: Winthrop & Weinstine, P.A.
View ArticleFederal Circuit Review - Nautilus, Limelight, and Alice (July 2014)
Supreme Court Sets New Indefiniteness Standard - In Nautilus, Inc. v. Biosig Instruments, Inc., Appeal No. 13-169, the Supreme Court vacated and remanded Federal Circuit’s reversal of summary judgment...
View ArticleThird Circuit to Consider FTC’s Authority Over Data Security Standards in FTC...
We have written previously about the FTC’s action arising out of the data breach suffered by the Wyndham hotel group, and the company’s petition for permission to pursue an interlocutory appeal...
View ArticleOSTP and NEC Seek Comments to Update Strategy for American Innovation
On July 29, 2014, the Office of Science and Technology Policy (OSTP) and the National Economic Council (NEC) published a Federal Register notice requesting public comments to provide input for an...
View ArticleThe FTC Is Looking For A Few Good Robocall Hackers
The FCC is not the only federal agency tasked with regulating telephone calls. The FTC also regulates telephone calls pursuant to the Telemarketing Sales Rule (“TSR”) (16 C.F.R. § 310 et seq.). And...
View ArticleCourts Defer to Individual Privacy Interests by Requiring Warrant To Obtain...
Two recent opinions have significantly restricted the practice of warrantless collection of data stored on cell phones or by cell phone service providers. In Riley v. California1 the U.S. Supreme Court...
View ArticleWhat’s in Your Wallet? Who Cares—What’s in Your Cell Phone Is More Important!
The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of...
View ArticleThe Trademark “Chaff” Quandary: PTO Report On Post-Registration Proof of Use
As any IP lawyer will readily admit, trademark practice before the United States Patent & Trademark Office (PTO) comes with its fair share of annoyances: inconsistent treatment of similar...
View ArticleOIG Issues Special Fraud Alert on Laboratory Payments to Referring Physicians
The Office of the Inspector General (OIG) for the U.S. Department of Health and Human Services recently issued a Special Fraud Alert (“Alert”) that addresses two types of arrangements that the OIG...
View ArticleJuly 2014: Copyright Litigation Update
Courts Take More Expansive View of Copyright Fair Use. Due to increasing globalization and constant advances in technology, there exists today an unprecedented level of access to copyrightable...
View ArticleLos Angeles County Sues Hospital Owner for False Surgical Implant Claims to...
On July 18, 2014, the County of Los Angeles (“the County”) filed a lawsuit in Los Angeles Superior Court again Michael D. Drobot, Sr., his son Michael R. Drobot, Jr. and their controlled entities,...
View ArticleThe USPTO Issues Guidelines for Subject Matter Eligibility Analysis: How the...
On March 4th, 2014, the United States Patent and Trademark Office issued a guidance advising examiners and the public of the factors for determining whether an invention satisfies the provisions of 35...
View ArticleAdvertising Law - July 2014 #4
COPPA Gets Parental Consent Updates - With changes that should make it easier to develop child-directed apps, the Federal Trade Commission recently updated its guidance for verifying parental consent...
View ArticleNew Mandatory Exclusions in Standard CGL Policies Limit Coverage for Data...
The insurance industry continues to respond to the growing threat of data breaches by directing businesses facing that risk towards new, risk-specific cyber insurance products, while attempting to...
View ArticleNo Harm, No Foul – Appellate Court Finds No CMIA Claim Without Actual Injury
California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”), provides that an individual may recover $1,000 nominal damages (plus actual damages if any) based on the...
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