2018-02-15 16:13
Despite contrary statements in certain board decisions,1 the patent office’s guidance to the examining corps has been consistent: facts are unnecessary when rejecting a claim under 35… Read More
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Ephemerallaw Blog
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A blog about the law surrounding information security and data privacy.
2018-01-29 19:48
The result of Core Wireless v. LG should have been a foregone conclusion. Core Wireless was a subject matter eligibility case, which are notoriously difficult for patentees. Moreover, the in… Read More
2017-05-25 13:07
I'm a big fan of the show Shark Tank, and am always amazed at how it takes an inherently dry process (investment due diligence) and turns it into entertainment. In this video, I take that en… Read More
2017-01-30 19:54
The first article in the BJHS December 2016 special issue (Authority and ownership: the growth and wilting of medicine patenting in Georgian England (hereinafter "Authority and Ownership"))… Read More
2017-01-26 19:17
The Federal Circuit's recent opinion in Trading Technologies International, Inc. v. CQG, Inc., could be part of a broader trend signaling a liberalization of subject matter eligibility. As I… Read More
2017-01-10 15:00
The December 2016 issue of the British Journal for the History of Science is a special issue titled Owning Health: Medicine and Anglo-American Patent Cultures, and reading through it has had… Read More
2016-11-30 18:13
My colleague Melissa Kern wrote an advisory about the copyright office's final rule regarding designating a DMCA agent. I thought it was important enough to repost (with permission) here. Be… Read More
2016-11-17 18:26
Alice v. CLS Bank has had a tremendous impact on how the patent office treats applications for business method inventions. Indeed, since the Supreme Court’s decision in Alice, the allo… Read More
2016-10-27 21:12
The third quarter of 2016 was a busy one for the Federal Circuit when it comes to subject matter eligibility – with Federal Circuit issuing more opinions addressing Alice in 3Q2016 tha… Read More
2011-06-28 12:50
In this 7-2 opinion, the Supreme Court has struck down a California ban on sales of violent video games to minors. The result isn't at all surprising, though I'm guessing it will come as a… Read More
2011-04-22 20:12
People really care about the fact that their smartphones gather location data. It reached the frontpage of MSNBC.com with this article. It also inspired a flood of righteous indignation f… Read More
2011-04-13 17:12
Per Wired.com, Senators Kerry and McCain have proposed legislation that would give web users the right not to be tracked while on line (the text of the bill can be found here). While this s… Read More
2011-03-30 12:35
The following guest post is provided by Sonya Ziaja, J.D. Sonya is the co-owner of Ziaja Consulting LLC, a California based consulting group. She writes regularly for LegalMatch's Law Blog… Read More
2011-01-21 02:49
Most modern email services allow people to keep messages indefinitely, and provide their users with enough space that doing so is actually an option. As a result, many people use their emai… Read More
2010-11-23 13:06
I got an anonymous comment to my last post on the TSA's new security procedures saying that there has to be something we can do, rather than just submitting to whatever is advanced under the… Read More
2010-11-14 19:24
The Internet is currently burning up with a story about a man who would rather not fly than submit to the TSA's intrusive screening procedures, and how the TSA reacted to him. To make a lon… Read More
2010-10-01 12:13
Here's the wired headline: Scribd Facebook Instant Personalization Is a Privacy Nightmare. The article is about what you'd expect. There are complaints about automatically generated spam e… Read More
2010-08-23 13:16
So...the blog has been uncharacteristically quiet for the last month or so. This is not because nothing privacy related has happened in the legal world. For example, the FBI and federal pr… Read More
2010-07-11 23:45
Earlier this month, Blizzard Entertainment (makers of World of Warcraft, among other successful computer games) decided that they would change their game forums from anonymous forums (i.e… Read More
2010-06-28 11:57
Wired put up an article on the biggest tech apologies so far this year (link). The list is:Google: Sorry about Buzz, Street View Privacy Issues (providing information to unwelcome Buzz "fol… Read More
2010-06-21 02:32
As described in this article from Computer World, the Supreme Court has issued its decision in City of Ontario v. Quon. A quick recap of the facts: the city of Ontario California issued Jef… Read More
2010-06-13 22:15
Via this article from Wired's threat level blog, we learn that Google has begun its defense in the Streetview litigation by moving to have all the various lawsuits that have been filed again… Read More
2010-06-07 01:16
Some new developments in the Google Streetview WiFi monitoring controversy. First, according to this article one of the lawyers suing Google is alleging that a Google patent application fo… Read More
2010-05-24 21:52
Since Rep. Rick Boucher (D-VA) released his proposed privacy bill for public comment in early May, privacy advocates as well as interested industry representatives have been quick to critici… Read More
2010-05-24 01:46
Fresh off the heels of its Buzz debacle Google is facing another class action suit, this time for collecting data from WiFi networks as it took pictures as part of its street view project (w… Read More
2010-05-19 15:44
While this blog is generally all about privacy and how to protect it, it's important to keep in mind that privacy can be a double edged sword. Take the case of Ward v. Cisco Systems. It al… Read More
2010-05-10 00:15
I've been writing about email privacy with City of Ontario v. Quon and Stengart v. Loving Care, how about an encore from New York: People v. Klapper. Factually, People v. Klapper is pretty… Read More
2010-05-02 22:03
In this article, Computer World describes an argument made by Microsoft research Danah Boyd that social networks should consider the context in which information is provided, and not re-use… Read More
2010-04-29 19:17
After over a year of silence by the FTC concerning Internet privacy, the Commission has responded to the increasingly loud outcry by privacy advocates and legislators. Earlier this week, the… Read More
2010-04-26 01:13
A few weeks ago, I posted about Stengart v. Loving Care Agency, a case where the New Jersey Supreme Court held that employees can send emails to their attorneys on company computers without… Read More
2010-04-20 12:18
Yesterday, the Supreme Court heard oral arguments in City of Ontario v. Quon (transcript here), a case which addressed the ability of government employers to read personal text messages sent… Read More
2010-04-19 02:10
Via this story from Wired.com, Yahoo has "prevailed" in its efforts to resist a court order to turn over emails based on an assertion that the emails were "relevant and material to an ongoin… Read More
2010-04-15 00:03
In December of 2007, Marina Stengart was employed as the Executive Director for Nursing at Loving Care Agency Inc., a company which provides home-care nursing and health services. Sadly, Ms… Read More
2010-04-14 14:31
Just as one might wonder whether the FTC had decided to choose its battles and allow the online behavioral marketing dog to continue its nap, the dog has been awakened with a loud boom. Targ… Read More
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