This week, the Senate Judiciary Subcommittee on Intellectual Property held the first two of a three-part series of hearings on “The State of Patent Eligibility in America.” The hearings are part of an ongoing bipartisan congressional effort to reform section 101 of the Patent Act to address confusion over patent eligibility wrought by more than … Continue Reading
On September 26, 2018, New Jersey federal district judge Madeline Cox Arleo dismissed an eight-count class action complaint in its entirety against three smart TV makers: Samsung, LG, and Sony. The plaintiffs alleged that defendants’ smart TVs continuously monitored and tracked their viewing habits, recorded their voices, and then transmitted that information to defendants’ servers, … Continue Reading
The Department of Defense (“DoD”) recently released the summary of its cyber strategy for 2018. The 2018 DoD Cyber Strategy, which replaces the DoD’s 2015 cyber strategy, is focused broadly on “defending forward,” shaping day-to-day competition, and preparing for conflict. But the strategy includes items that are sure to be of interest to contractors and … Continue Reading
On August 14, Brazilian President Michel Temer signed into law the new General Data Privacy Law (Lei Geral de Proteção de Dados Pessoais or “LGPD”) (English translation), making Brazil the latest country to implement comprehensive data privacy regulation. The law’s key provisions closely mirror the European Union’s General Data Privacy Regulation (“GDPR”), including significant extraterritorial … Continue Reading
On July 20, 2018, the U.S. Department of Commerce’s National Telecommunications and Information Administration (“NTIA”) published comments it received from a wide array of tech and telecom companies, trade groups, civil society, academia, and others regarding its “international Internet policy priorities for 2018 and beyond.” NTIA’s Office of International Affairs (“OIA”) had requested comments and … Continue Reading
On June 27, 2018, China’s Ministry of Public Security (“MPS”) released for public comment a draft of the Regulations on Cybersecurity Multi-level Protection Scheme (“the Draft Regulation”). The highly anticipated Draft Regulation sets out the details of an updated Multi-level Protection Scheme, whereby network operators (defined below) are required to comply with different levels of … Continue Reading
Patents have been mainstay of the Judiciary Committee agenda in both chambers for more than a decade, but never before has the debate seemed so firmly focused on strengthening patent rights. Significant patent bills are pending in both chambers, and the House and Senate Judiciary Committees have summoned Andrei Iancu, the new director of the … Continue Reading
The Eleventh Circuit has issued its decision in LabMD v. FTC, a closely watched case in which LabMD challenged the Federal Trade Commission’s authority to regulate the data security practices of private companies. The Court of Appeals declined to decide that issue, instead finding that the FTC’s order requiring LabMD to implement certain data security … Continue Reading
On April 17, 2018, the European Commission published the e-Evidence Initiative, long-awaited legislation that would create a new framework for European Union (“EU”) Member States to access content data and metadata (collectively “e-evidence”) across national borders. The European Commission released the proposal less than one month after the United States created its own framework governing … Continue Reading
Today, 34 global technology and security companies announced that they have signed a Cybersecurity Tech Accord, which publicly commits them “to protect and empower civilians online and to improve the security, stability and resilience of cyberspace.” The signatories include Cisco, Dell, Facebook, HP, Intuit, and Microsoft.The text of the Accord references recent events that have … Continue Reading
Last week, South Dakota became the 49th U.S. state to enact a data breach notification law with the passage of S.B. 62, which sets forth requirements for notifying state residents, the state attorney general, and major consumer reporting agencies in the event of a breach. The law, which will take effect on July 1, 2018, … Continue Reading
On February 21, 2018, the U.S. Securities and Exchange Commission (the “Commission”) approved a statement and interpretive guidance that provides the Commission’s views on a public company’s disclosure obligations concerning cybersecurity risks and incidents (the “2018 Commission Guidance”). This guidance reinforces and expands upon previous cybersecurity disclosure guidance issued by the Division of Corporation Finance … Continue Reading
Last week, U.S. Customs and Border Protection (“CBP”) released a revised Directive governing searches of electronic devices at the border. These are the first official revisions CBP has made to its guidelines and procedures for devices since its 2009 Directive. The new Directive is intended to reflect the evolution of technology over the intervening decade, … Continue Reading
Since August 2015, defense contractors have been on notice that they were required to implement the security controls in National Institute of Standards and Technology (“NIST”) Special Publication (“SP”) 800-171 no later than December 31, 2017 on covered contractor information systems. Although the focus has been on meeting this deadline, contractors should add to their … Continue Reading
Privacy and data security issues were prominent in the campaign. Allegations were even made that Russia was behind the DNC hack. Despite it being front and center in the campaign, cyber security did not generate specific policies from the Trump campaign. One thing Donald Trump did promise was a top to bottom review of US … Continue Reading
When the dust settles on 2016, and Congress is receiving year-end grades from political pundits, voters and even self-evaluations from the Members themselves, there will no doubt be a common refrain that election year politics, gridlock and a short legislative calendar have yet again left too many important issues unresolved. But one important piece of … Continue Reading
In a major win for the American innovative economy, the U.S. Senate on Monday unanimously passed S. 1890, the Defend Trade Secrets Act (DTSA), 87-0. The bill stands a good chance of getting enacted into law, which would be a significant milestone for intellectual property protection particularly in this election year. Trade secrets are increasingly … Continue Reading
As Congress becomes further embroiled in election-year politics, especially a high-stakes standoff between the White House and the Senate Judiciary Committee over the President’s nomination to the Supreme Court, it appears ever more likely that 114th Congress will end in December 2016 without passing comprehensive patent legislation. With the House and Senate patent bills on … Continue Reading
Note: This post is the third in a series of posts on the final text of the Trans-Pacific Partnership (TPP) by Covington’s International and Public Policy lawyers. The final TPP text, which was released on November 5, 2015, is available here. TPP is not expected to enter into force until at least 2016, with the … Continue Reading
According to the European Commissioner for Justice, Consumers and Gender Equality, Věra Jourová, the EU and the US have finalized the EU-US Umbrella Agreement (for the press release, see here; a reportedly near-final draft of the agreement can be read here). This is a remarkable breakthrough after the first calls for such an agreement back in … Continue Reading
Close on the heels of a sweeping new National Security Law, the Standing Committee of the National People’s Congress released last month for public comment a very significant draft Network Security Law (“Draft Law”), also referred to as the draft Cybersecurity Law. Since it came into power in 2012, China’s current leadership has attached an … Continue Reading
We have already seen tremendous fallout from recent cyber attacks on Target, the U.S. Office of Personnel Management, Sony Pictures, and J.P. Morgan. Now imagine that, instead of an email server or a database of information, a hacker gained access to the controls of a nuclear reactor or a hospital. The potential consequences are devastating: … Continue Reading
It is a welcome development that the African Growth and Opportunity Act (AGOA) has moved closer to reauthorization. However, much more can and should be done through AGOA to strengthen intellectual property (IP) rights in Africa, particularly in the continent’s creative sectors. Africa’s creative sectors have the potential to be key economic drivers and IP … Continue Reading
The Department of Justice and the Federal Trade Commission provided comments (“DOJ/FTC Comments”) last week that highlighted the role of the patent system in promoting “competition, innovation, and consumer welfare.” The DOJ/FTC Comments were submitted as part of the U.S. Patent and Trademark Office (“PTO”) Enhanced Quality Initiative. The PTO’s Initiative, launched in February, demonstrates … Continue Reading
