IPR Estoppel Remains Elusive for Patent Owners

In Finjan v. Blue Coat Systems, LLC, No. 15-cv-03295-BLF, (N.D. Cal. July 28, 2017), the court took the majority view on the scope of Inter Partes review estoppel, finding no estoppel for grounds of invalidity not included in a pe… Read More

Action Brought Under DMCA and CFAA Dismissed (Part II)

In Part I of this post, we discussed copyright infringement and Digital Millennium Copyright Act (DMCA) claims brought in LivePerson, Inc. v. 24/7 Customer Inc., 2015 U.S. Dist. LEXIS 3688, No. 1:2014cv01559 (S.D.N.Y. Jan. 13, 201… Read More

Hi-Jacked LinkedIn Account Doesn't Cause "Loss" Under the CFAA

A plaintiff’s claim under the Computer Fraud and Abuse Act, 18 U.S.C. §§ 1030(a)(2)(C) and 1030(a)(5)(C), based on her ex-employer’s alleged hi-jacking of her LinkedIn account, has failed to survive the defendantR… Read More

4th Circuit Adopts Narrow Construction of CFAA

Does an employee act “without authorization” or “exceed authorized access” under the Computer Fraud and Abuse Act, 18 USC § 1030, by accessing  computers with a username and password provided by an employer, albeit in a… Read More

Violations of Employer's Computer Use Restrictions Does Not Violate CFAA

Hospital employees did not “exceed authorized access” under the Computer Fraud and Abuse Act (CFAA), 18 USC § 1030, when they violated the hospital’s computer usage policy by attaching removable storage devices to compu… Read More

Attempted CFAA Class-Action Claim Against Amazon Dismissed on Failure to Plead "Loss"

Plaintiffs seeking to bring a class action lawsuit against Amazon failed to allege a “loss” under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, by simply pleading that Amazon had taken and exploited, for financi… Read More

Narrow views of "Authorization," "Loss," and "Damages" Under the CFAA

As previously reported, in setting standards for civil rights of action under the Computer Fraud and Abuse  Act (CFAA), 18 U.S.C. § 1030, courts have taken varying approaches.  However, a number of recent cases have elected a n… Read More

A Narrow View of "Loss" under the CFAA

A recent case takes a narrow view of the “loss” that will sustain a civil action under the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, a criminal statute that includes a right of civil suit favored by many plainti… Read More

Ninth Circuit Affirms Narrow Construction of "exceeds authorized access" in the CFAA

The Ninth Circuit has affirmed that the phrase “exceeds authorized access” in the Computer Fraud and Abuse Act (CFAA) should be read to cover only accessing prohibited files, rather than making unauthorized use of files to whi… Read More

Computer Fraud and Abuse Act: Unauthorized Access

Under what circumstances can an employee, having accessed a computer via means provided by an employer, be civilly liable to the employer under the Computer Fraud and Abuse Act for “unauthorized access” of the computer?  Cour… Read More

Upcoming Webinar

Functional Claiming After Williamson v. Citrix
December 14, 2017 at 12:00 pm EST
During the webinar, Charles Bieneman will cover strategies for avoiding – or embracing – functional claim interpretations, and for avoiding findings that functional claim language is indefinite. Register

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