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30 Oct 2:51 am
... has gained substantial favor, illustrated by the Ninth Circuit's ruling in LVRC Holdings LLC v. Brekka. That case (originating from Nevada)
arose out of a claim that an ex-employee ... of statutory construction. Specifically, employers can be more diligent about protecting digitally stored information by formulating
clear computer usage policies concerning use of company data on personal ... the Ninth Circui Opinion Date: 3/13/09 Cite: LVRC Holdings
LLC v. Brekka, 581 F.3d 1127 (9th Cir. 2009) Favors: ...
22 Jan, 2007 9:53 am
... Pl. Exhibit 21). Defendant Barlow concedes that he was responsible for the "Inside Real Living" e-mails sent from the computer named "Dads_laptop." (Stipulation at ¶ 2).
Barlow also admits that he registered and used the Internet ... of Plaintiffs' marks and personal identity, without regard to the goods or services of the parties. As to the ninth
factor, it is clear that the Plaintiffs' marks are distinctive or famous. FN4. The Court disagrees with Defendant Barlow that the absence of
evidence in ...
27 Jun, 2008 5:50 pm
... question of a district court's authority to compel the forensic imaging and production of computer hard drives as a means by which to preserve relevant electronic evidence.
Because litigants ... not sufficient to warrant drastic electronic discovery measures. See McCurdy Group, LLC v. Am. Biomedical Group, Inc., 9
F. App'x 822 ... accompany plaintiffs' computer expert into state agencies -- and, in some cases, the homes and offices of state officials -- to effect the imaging. These
procedures clearly do ...
1 Oct 2:45 am
... of the CFAA charges against him. The 9th Circuit rejected the 7th Circuit's reasoning in International Airport Centers, LLC v. Citrin.
Because CFAA is primarily a criminal statute, it should be interpreted under the rule of lenity. Any ambiguity should be ... , the defendant would have no reason to know that making
personal use of a computer would constitute a criminal violation. The 9th Circuit's ruling in LVRC v. Brekka creates a clear split
between the circuits on the interpretation of CFAA. So, ...
12 Dec, 2007 12:45 pm
... such as invoices. See Zubulake v. UBS Warburg, LLC, 220 F.R.D. 212, 217-18 (S.D.N.Y.2003) (holding ... C. Apr. 4, 2007) (electronic
information contained on plaintiff's home computer was "clearly relevant" to claims in plaintiff's gender discrimination case; where plaintiff had ... court also concluded
that defendant was entitled to conduct a forensic examination of the Orrells' home computer, at defendant's expense. Due to the concerns that plaintiff raised about the existence
of confidential proprietary ...
9 Apr, 2008 7:43 am
... professor was prohibited from opining on matters of Delaware law (as prior decisions by Chancellor Chandler have made clear.) Here is a
prior summary of a decision of about a week ago in the same case by the Chancery Court involving a books and ... opinions written about corporate governance (and now the terabytes of
space on computers taken up by writings about corporate governance), it is notable and worth repeating the truism that in the LLC
context, all those high-falutin' corporate governance ...
13 May 2:06 am
... a direct result of the Seventh Circuit's 2006 decision in Int'l Airport Centers, LLC v. Citrin. That case, which broadly interpreted the
Computer Fraud and Abuse Act, provided a wide open pathway for employers to bootstrap trade ... . Once a practitioner cuts through the maze of confusing terms utilized in the
CFAA, and its haphazardly organized provisions, it is fairly clear the breadth of each section allows plaintiffs to bring a broad range of
claims in competition cases involving the taking of ...
15 Jun 10:34 am
... already unlawful under the conspiracy statute. The amendments specify additional circumstances under which computer crime related threats are unlawful. Furthermore, the
amendments did away with the requirement that the government show ... it can show that 10 or more computers are damaged within a one-year period. THE BAD: BROADER REACH, JUST AS
VAGUE Congress clearly broadened the reach of the statute, but ... R Block E. Enter., Inc. v. J & M Secs., LLC, No. 05-1056, 2006 WL
1128744, at *4 (W.D. Mo. ...
21 Sep 11:31 am
... former employees accused of taking data from a company's computer system before leaving the company. In LVRC Holdings LLC v. Brekka,
Case No. 07-17116, ... not? "If the employer has not rescinded the defendant's right to use the computer, the defendant would have no reason to know that making personal use of
the company ... personal accounts, provided that they have clear policies prohibiting such activities. The Brekka Court held "that a person
uses a computer 'without authorization' under §§ 1030(a)(2 ...
3 Jun 12:45 pm
... memory (RAM) of a personal computer (PC), constitutes copying for purposes of the Copyright Act. See MAI Systems Corp., 991 F.2d 511 (9th Cir. 1993); Stenograph
LLC v. Bossard Assoc., Inc., 144 F.3d 96 (D.C. Cir. 1998); Storage ... weight to the DOJ's request that it not accept certiorari. Of course,
this is no guarantee that it will not decide to take what is clearly an important case in a cutting-edge area of technology and commerce. David D. Johnson is a business ...
18 Jun, 2008 3:10 pm
... , (Del. Ch., June 4, 2008), read opinion here, the Chancery Court applied Rule 60(a) to fix a computational error in its Discounted Cash Flow analysis in connection with its
decision in an appraisal action. The citation for the opinion with the computational ... of the types of errors covered by Rule 60(a) such as clerical errors and the like. In
addition, the court made clear that its inherent power to correct its own clerical errors is not limited by any agreement that the parties may
make based ...
20 Jun, 2008 11:35 pm
... Wisconsin jury held him liable for breach of contract, Orion IP took on an alt-neu moniker, naming itself Clear With Computers,
LLC on April 18, according to Texas corporate documents. Clear With Computers, Inc. was the
Minnesota-based company founded by Jerome D. Johnson, who started filing patents in the early 1990s that are now ... , as of last October, at least $72 million. Last month, the new and
improved Clear With Computers filed suit in E.D. Texas against 47 more defendants. Lots of ...
31 Aug 12:16 pm
Hyundai Motor America v. Clear With Computers, LLC, No. 6:08cv00302 (E.D. Tex., Aug. 24, 2009)
Holding: Motion for Summary Judgment on Noninfringement DENIED; Infringement GRANTED Judge: Leonard Davis This case arises out of the Orion IP, LLC v. Mercedes-Benz USA, LLC, et al., 6:05cv322 litigation. Orion settled with all defendants except Hyundai prior
to trial. At trial, Hyundai alleged it did not infringe the patents and the patents were invalid. The he jury ...
5 Sep 5:26 am
... on global patent system (IAM) (Peter Zura's 271 Patent Blog) (Lenz Blog) How computer-automated inventing is revolutionising law - Q&A with author of 'The Genie in the
Machine' (IP Watchdog) Antigua and ... : Summary judgment of infringement as to Hyundai's redesigned websites: Hyundai Motor America v Clear
with Computers, LLC (EDTexweblog.com) US Patents - Lawsuits and strategic steps Google - Google granted design patent for its home page
(Lenz Blog) (IP Watchdog) (Patently-O) (The Invent ...
27 Aug 8:55 am
... the 1980s, the SEC "toyed with" its own Market Oversight Surveillance System ("MOSS"), which the article describes as a computer program that plugged the SEC into trading
data generated by the newly electronic markets. The SROs "complained bitterly ... scenario plays out, one thing remains clear and that is the
need for a strong bar of private attorneys to deal with the increasing complex abuses that are occurring in the capital markets. Page Perry, LLC is an Atlanta-based law firm with over 125 ...
26 Mar 3:24 pm
... -called "IReporters". Every day I read about another round of layoffs and buyouts in the newspaper industry and it now seems clear that
these jobs are never coming back even when the economy does. What are journalism professors telling their students these days? It's no ... s Men. Like millions of others, I'm enjoying
the technology and access to all the information that fits onto my computer screen and hard drive. Today, we combine information from multiple sources and assess what's truth and
what's ...
3 Jun 1:26 pm
Hyundai Motor America v. Clear With Computers, LLC, No. 6:08-cv-00302 (May 11, 2009) District
Judge Leonard Davis Holding: Motion for Protect. Order GRANTED Judge Davis granted the declaratory judgment plaintiff's motion for a protective order precluding defendant's outside
counsel from viewing plaintiff's confidential information since the counsel at issue was extensively involved in the defendant business owner's business dealings. Specifically, the
counsel ...
20 Aug 11:39 pm
... Clear Link is free to challenge whether such an allegation meets the definition of `cyber terrorism.' Margae, Inc. v. Clear Link Technologies, LLC, supra. Several things about the UUCA's cyber-terrorism provision mystify me. First of
all, as ... terrorism." The first one, § 13-5a-102(2)(a), looks like a terrorism provision because it refers to using computing resources to intimidate or coerce others. As I
noted in an earlier post, the generic definition of terrorism is that it consists of using force ...
20 Oct 9:37 am
... Benjamin Gifford, vice development director for the legal IP strategic division for Evony LLC. "In the digital age in which we now live,
online journalists and bloggers ... day before the Supreme Court, that Mr. Everiss will finally come clean and clear the record. Like Bruce
Everiss, we thought that Evony, the game, was owned by UMGE ... Gifford. So we'll take it as read that Benjamin Gifford works for Evony, LLC,
the Delaware corporation, in computer games, and Assist Strategic Business Solutions, also ...
9 Jan 7:00 am
... Judicial pay restoration (vs pay raise); impact on the Federal Circuit (Hal Wegner) New Stanford Intellectual Property Clearing House database confirms common knowledge
regarding litigation trends (Chicago Intellectual Property Law Blog) Lessons for ... (Patently-O) CAFC addresses direct/contributory patent infringement liability for software: Ricoh
Company v Quanta Computer (IP Spotlight) (Law360) (Promote the Progress) (Patent Prospector) CAFC denies declaratory jurisdiction when patentee had not ...
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