UNILOC 2017 LLC, UNILOC USA, INC., UNILOC LUXEMBOURG S.A. v. APPLE, INC., ELECTRONIC FRONTIER FOUNDATION
Before Prost, Mayer, and Taranto. Appeal from the United States District Court for the Northern District of California.

Summary: Motions to seal must be narrowly tailored and well supported to overcome the presumption of public access to court filings.

41,686. That’s the number of security incidents a recent Verizon study tracked across 86 countries and 73 data sources, as experts work to identify patterns in data breach incidents to help companies better prepare for the next cyber-attack. Knobbe Martens partner Susan Natland, along with James Bikoff, from Smith, Gambrell, & Russell, LLP, and Nicole DelleDonne of Brandsight, Inc., partnered with IBM to analyze this study and extract practical tips for businesses on mitigating damages after a data breach.

Medtronic recently announced that it received clearance from the FDA and CE Mark approval for its LINQ II insertable cardiac monitor (ICM). The announcement notes that ICMs “are small, subcutaneously implanted devices offering continuous ambulatory electrocardiogram monitoring” and that in particular, ICMs focus on detecting and managing subclinical atrial fibrillation.

FITBIT, INC. v. VALENCELL, INC.

Before Newman, Dyk, and Reyna. Appeal from Patent Trial and Appeal Board.

Summary: Notwithstanding its rejection of the Petitioner’s proposed claim construction, the PTAB may not end an obviousness inquiry without evaluating patentability in view of the asserted obviousness grounds.

IN RE BOLORO GLOBAL LIMITED

Before Lourie, Dyk, and Reyna. Appeal from the Patent Trial and Appeal Board.

Summary: When administrative patent judges are unconstitutionally appointed, their decisions in ex parte appeals must be vacated.

When the California Consumer Privacy Act (CCPA) passed, there were more than a few things that gave businesses pause – inconsistencies and typos among them – and left privacy professionals grappling with trying to figure out how to comply with the CCPA as it continued to evolve throughout the years.

ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC V. SHOPPERSCHOICE.COM, LLC

Before PROST, DYK, and WALLACH. Appeal from the United States District Court for the Southern District of Florida.

Summary: The grant or denial of attorney fees requires consideration of a party’s manner and pattern of litigation when abuses are alleged.

USPTO v. BOOKING.COM

Before the Supreme Court of the United States. On Writ of Certiorari from the United States Court of Appeals for the Fourth Circuit.

Summary: A term styled “generic.com” is not necessarily generic and can be eligible for federal trademark protection if consumers view the mark as distinguishing the source of the goods.

B/E AEROSPACE, INC. v. C&D ZODIAC, INC.
Before Lourie, Reyna, and Hughes. Appeal from the Patent Trial and Appeal Board.

Summary: Common sense may be invoked in obviousness determination if accompanied by reasoned analysis and supporting evidence.

SHOES BY FIREBUG LLC v. STRIDE RITE CHILDREN’S GROUP

Before Lourie, Moore, and O’Malley. Appeal from the Patent Trial and Appeal Board.

Summary: In similar claims of two related patents, one preamble was limiting because it supplied antecedent basis for a subsequent structural claim limitation, and another preamble that supplied no antecedent basis was not limiting.