Posts Tagged ‘federal appeals court’

Samsung Galaxy Nexus Ban Overturned

October 12th, 2012 10:15 admin View Comments


Maow writes with word that the U.S. Federal Appeals Court has reversed a sales ban on Samsung’s Galaxy Nexus phone. According to the decision (PDF), “Regardless of the extent to which Apple may be injured by the sales of the Galaxy Nexus, there is not a sufficient showing that the harm flows from Samsung’s alleged infringement. …the district court abused its discretion in enjoining the sales of the Galaxy Nexus.” The ruling also said Apple didn’t do a good enough job showing that the allegedly infringing features were “core” to the Nexus’s operation. The case centered on what is called “unified search,” a method for bringing together search results from multiple places, such as a device’s internal memory and the internet at large (U.S. Patent #8,086,604). “Apple must show that consumers buy the Galaxy Nexus because it is equipped with the apparatus claimed in the ’604 patent—not because it can search in general, and not even because it has unified search.”

Source: Samsung Galaxy Nexus Ban Overturned

Location Privacy Act Approved By California Legislature

August 24th, 2012 08:54 admin View Comments


New submitter wermske writes “Ars Technica and ZDNet report the Location Privacy Act of 2012 (SB-1434) was passed by the California legislature on Wednesday. The California Location Privacy Act, co-sponsored by the ACLU of California and the Electronic Frontier Foundation, updates California privacy law to reflect the modern mobile world by providing needed protection against warrantless government access to a person’s location information. Recent reports indicate that cell phone tracking is routine and few agencies obtain warrants for such surveillance. The need for this protection resurfaced last week when warrantless GPS tracking appeared again in the national news — a federal appeals court ruled that law enforcement is allowed to track the GPS signal coming from a suspect’s prepaid phone without a warrant. The scope of the Location Privacy Act would include gathering GPS or other location-tracking data from cell phones, tablets, computers, automobiles, etc. The next stop is the governor’s desk; however, there is concern that Governor Jerry Brown may not sign this act into law. In 2011, Gov. Brown vetoed an attempt at enforcing stricter privacy rules.”

Source: Location Privacy Act Approved By California Legislature

US Court Sides With Gene Patents

August 16th, 2012 08:40 admin View Comments


ananyo writes “Gene patents have been upheld in a landmark case over two genes associated with hereditary forms of breast and ovarian cancer. The lawsuit against Myriad Genetics, a diagnostic company, based in Salt Lake City, Utah, that holds patents on the genes BRCA1 and BRCA2, has bounced from court to court since 2010. In a 2-1 decision today, a federal appeals court reaffirmed their latest decision that genes represent patent-eligible matter. As noted before on Slashdot, the case will have major implications for cancer researchers, patients and drug makers.”

Source: US Court Sides With Gene Patents

Federal Appeals Court Orders TSA To Explain Delay In Body Scan Public Hearing

August 2nd, 2012 08:22 admin View Comments


New submitter rhsanborn writes “One year ago the District of Columbia Court of Appeals ordered the TSA to hold public comment on the use body scanners in EPIC vs. DHS. The order has been ignored prompting a petition asking for the Obama Administration’s response. One year later, Wired reports, the court has ordered the TSA to explain why it hasn’t responded to it’s original order (PDF). The TSA has until August 30th to respond.”

Source: Federal Appeals Court Orders TSA To Explain Delay In Body Scan Public Hearing

Judge: Cops Can Impersonate Owner Of Seized Cell Phones

July 20th, 2012 07:28 admin View Comments


Aryden writes with news of a recent court decision in which a judge ruled it was acceptable for police to impersonate the owner of a cell phone they had seized, in order to extract information from the owner’s friends. The ruling stems from an incident in 2009 when police officers seized the iPhone of a suspected drug dealer, then used text messages to set up a meeting with another person seeking drugs. “‘There is no long history and tradition of strict legislative protection of a text message sent to, displayed, and received from its intended destination, another person’s iPhone,’ Penoyar wrote in his decision. He pointed to a 1990 case in which the police seized a suspected drug dealer’s pager as an example. The officers observed which phone numbers appeared on the pager, called those numbers back, and arranged fake drug purchases with the people on the other end of the line. A federal appeals court held that the pager owner’s Fourth Amendment rights against unreasonable search and seizure were not violated because the pager is ‘nothing more than a contemporary receptacle for telephone numbers,’ akin to an address book. The court also held that someone who sends his phone number to a pager has no reasonable expectation of privacy because he can’t be sure that the pager will be in the hands of its owner. Judge Penoyar said that the same reasoning applies to text messages sent to an iPhone. While text messages may be legally protected in transit, he argued that they lose privacy protections once they have been delivered to a target device in the hands of the police.

Source: Judge: Cops Can Impersonate Owner Of Seized Cell Phones

Supreme Court Throws Out Human Gene Patents

March 26th, 2012 03:23 admin View Comments


thomst sends this quote from an Associated Press report: “The Supreme Court on Monday threw out a lower court ruling allowing human genes to be patented, a topic of enormous interest to cancer researchers, patients and drug makers. The court overturned patents belonging to Myriad Genetics Inc. of Salt Lake City on two genes linked to increased risk of breast and ovarian cancer. The justices’ decision sends the case back down to the federal appeals court in Washington that handles patent cases. The high court said it sent the case back for rehearing because of its decision in another case last week saying that the laws of nature are unpatentable. In that case, the court unanimously threw out patents on a Prometheus Laboratories, Inc., test that could help doctors set drug doses for autoimmune diseases like Crohn’s disease.”

Source: Supreme Court Throws Out Human Gene Patents

Former Goldman Programmer’s Conviction Overturned

February 17th, 2012 02:00 admin View Comments


i_want_you_to_throw_ writes “The legal woes will soon be over for Sergey Aleynikov, a former Goldman Sachs Group computer programmer who had been convicted of stealing part of the Wall Street bank’s high-frequency trading code. A federal appeals court overturned his conviction and recommended acquittal. We previously discussed this story when he was sentenced to 97 months in prison. It will be interesting to see their reasoning (an opinion is to be released) as well as what this may mean for other programmers developing high frequency trading code.”

Source: Former Goldman Programmer’s Conviction Overturned

Supreme Court Rules Warrants Needed for GPS Monitoring

January 23rd, 2012 01:59 admin View Comments


gambit3 writes “The Supreme Court has issued its ruling in the case of Washington, D.C. nightclub owner Antoine Jones, saying police must get a search warrant before using GPS technology to track criminal suspects. A federal appeals court in Washington overturned his drug conspiracy conviction because police did not have a warrant when they installed a GPS device on his vehicle and then tracked his movements for a month.”

Source: Supreme Court Rules Warrants Needed for GPS Monitoring

Twitter Ordered To Turn Over Data On WikiLeaks Backers

January 6th, 2012 01:30 admin View Comments

Twitter will have to comply with a ruling by U.S. District Judge Liam O’Grady to turn over information collected in the accounts of three WikiLeaks backers.

Icelandic parliament member Birgitta Jonsdottir, computer security researcher Jacob Appelbaum, and Dutch activist Rop Gonggrijp had filed a request blocking the subpoena while the case is considered by a federal appeals court. O’Grady denied the motion, saying their appeal had little chance of success based on existing U.S. case law.

“Litigation of these issues has already denied the government lawful access to potential evidence for more than a year,” O’Grady said in his ruling. “The public interest therefore weighs strongly against further delay.”

We’ve asked Twitter for comment on the ruling. We’ll update as soon as we hear back. Twitter’s Twitter’s guidelines for law enforcement say the company notifies users when information is requested unless forbidden from doing so by statute or court order.

The three Wikileaks supporters had argued the subpoena, which seeks private messages and other information, violates their privacy and rights established under the First Amendment.

“We’re obviously disappointed by this ruling and we think the judge got it wrong,” Aden Fine, a lawyer with the American Civil Liberties Union who represents Jonsdottir, told Bloomberg Businessweek.

The data is being sought as part of the federal government’s ongoing criminal investigation into WikiLeaks founder Julian Assange. The government is looking at possible criminal charges against Assange and others who leaked diplomatic cables and classified military documents through the WikiLeaks website.

Source: Twitter Ordered To Turn Over Data On WikiLeaks Backers

Court Reinstates $675k File Sharing Verdict

September 17th, 2011 09:31 admin View Comments


FunPika writes with this excerpt from Wired: “A federal appeals court on Friday reinstated a whopping $675,000 file sharing verdict that a jury levied against a Boston college student for making 30 tracks of music available on a peer-to-peer network. The decision by the 1st U.S. Circuit Court of Appeals reverses a federal judge who slashed the award as ‘unconstitutionally excessive.’ U.S. District Judge Nancy Gertner of Boston reduced the verdict to $67,500, or $2,250 for each of the 30 tracks defendant Joel Tenenbaum unlawfully downloaded and shared on Kazaa, a popular file sharing peer-to-peer service. The Recording Industry Association of America and Tenenbaum both appealed in what has been the nation’s second RIAA file sharing case to ever reach a jury. The Obama administration argued in support of the original award, and said the judge went too far when addressing the constitutionality of the Copyright Act’s damages provisions. The act allows damages of up to $150,000 a track.”

Source: Court Reinstates $675k File Sharing Verdict