Top 5 Pending Cases

Link to us: http://snipurl.com/uwnee
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Source from http://cyberlawcases.com/

Cyberlawcases.com seeks to cover the most important pending legal cases in “cyberlaw” broadly construed. That is, while we will cover cases typically discussed in cyberlaw courses, we will also include copyright, trademark, and patent cases that have a significant connection to networked environments or computer software.

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Author Bios

1. Brian W. Carver - Assistant Professor at UC Berkeley’s School of Information
2. Joseph C. Gratz - Partner at Durie Tangri LLP
3. Aaron K. Perzanowski - Assistant Professor at Wayne State University Law School

Top 5 Pending Cases (August 31st, 2009)

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Case 1

Case name : The Google Books Settlement

Citation(s) of last decision(s) : The Authors Guild v. Google, Inc.

Docket No(s) : The McGraw-Hill Companies, Inc. v. Google, Inc.

Status :

• December 14 – Supplemental Notice commences.
• January 28 – Class member Opt outs are due.
• February 4 – DOJ comment on settlement is due.
• February 11 – Plaintiffs’ motion for final settlement approval is due.
• February 18 – Final fairness hearing occurs in S.D.N.Y.

If approved, the Google Books settlement will dramatically impact the way books are accessed online and the copyright, competition, and privacy norms associated with such access. If rejected, there is a good chance that there will either be a revised settlement agreement for the court to consider or else a determination of a critical fair use issue affecting the future of copyright digitization efforts in the United States.

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Case 2

Case name : The NSA Warrantless Wiretapping Cases

Citation(s) of last decision(s) :

1. Jewel v. National Security Agency (N.D. Cal.).
2. In re National Sec. Agency Telecom. Records Litig., (N.D. Cal. Jun. 3, 2009).
3. Hepting v. AT&T Corp. (N.D. Cal.).

Docket No(s) :

1. No. 08-04373
2. No. M:06-01791
3. No. 06-0672

Status :

• In N.D. Cal. awaiting opinion on Defendants’ Motion to Dismiss and for Summary Judgment.
• Some consolidated cases on appeal to 9th Cir., others briefing summary judgment motions in N.D. Cal.
• Judgment entered in favor of Defendants in N.D. Cal. on Jul. 21, 2009 and on appeal to the 9th Cir. as No. 09-16676 with expected briefing schedule as follows: Opening brief Dec. 8, 2009, Opposition Feb. 10, 2010, and Reply Mar. 25, 2010.

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Case 3

Case name : The Future of Method Patentability

Citation(s) of last decision(s) : In re Bilski, 545 F.3d 943 (Fed. Cir. 2008)

Docket No(s) : No. 2007-1130

Status :

On appeal to the Supreme Court as Bilski v. Kappos, No. 08-964. Oral argument held on Nov. 9, 2009.

The Supreme Court must decide where to draw the line between invention and abstract idea. The placement of this line could have a dramatic effect on any number of industries, from software to financial to pharmaceutical.

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Case 4

Case name : A Billion Dollar Test of the DMCA Safe Harbors

Citation(s) of last decision(s) :

1. Viacom Int’l Inc. v. YouTube, Inc. (S.D.N.Y.).
2. The Football Ass’n Premier League Ltd. v. YouTube, Inc., (S.D.N.Y.)

Docket No(s) :

1. No. 07-2103
2. No. 07-03582

Status :

In discovery in S.D.N.Y. as No. 07-2103 and No. 07-03582.

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Case 5

Case name : Is the FCC Authorized to Promote Net Neutrality?

Citation(s) of last decision(s) :

In the Matters of Formal Complaint of Free Press and Public Knowledge Against Comcast Corporation for Secretly Degrading Peer-to-Peer Applications, WC Docket No. 07-52 (FCC 2008).

Docket No(s) :

1. WC Docket No. 07-52
2. FCC 08-183

Status :

On appeal to the D.C. Cir. as Comcast Corp. v. FCC, No. 08-1291. Petitioner’s brief filed Jul. 27, 2009, Respondent’s brief filed Sep. 21, 2009, Petitioner’s Reply brief due Oct. 26, 2009, and Final briefs due Nov. 23, 2009.

Comcast’s challenge calls into question the Commission’s authority to implement any regulatory strategy to promote or maintain network neutrality absent an explicit congressional directive.