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Archive for the ‘District Courts’ Category

By Eric Engle Prosecutors Drop Controversial “Cyberbullying” Case: Possible Appeal? On November 20, Wired reported that the federal prosecutors in the Lori Drew cyberbullying case did not plan to appeal Drew’s acquittal. The trial judge reversed Drew’s criminal conviction by a jury, holding that criminal penalties for violating a website’s terms of service would be unconstitutional. Although Drew won’t have to further defend against criminal charges for her alleged harassment of a teenage girl who later committed suicide, she might ... Read More...
Posted On Nov - 29 - 2009 Comments Off READ FULL POST
By Michelle Berger Chief Judge of Federal Circuit to Hang Up His Robes As Patently-O reports, Chief Judge Paul Michel of the Federal Circuit Court of Appeals announced on November 20 that he will be retiring from the bench on May 31, 2010. Judge Randall Rader will replace him as chief judge at that time. Throughout his tenure, Michel has been outspoken on patent issue and the role of the court in shaping patent policy. Although he will no longer ... Read More...
Posted On Nov - 24 - 2009 Comments Off READ FULL POST
Court extends application of Bilski and invalidates patents By Kate Wevers – Edited by Amanda Rice H&R Block Tax Servs., Inc. v. Jackson Hewitt Tax Service, Inc., No. 6:08-cv-37 (E.D. Tex. Nov. 10, 2009) Slip Opinion (hosted by Patently O) Magistrate Judge Love, sitting in the United States District Court for the Eastern District of Texas, found several of H&R Block’s financial instrument patents invalid, and recommended that Jackson Hewitt’s motion for summary judgment be granted-in-part. The court applied the ... Read More...
Posted On Nov - 23 - 2009 Comments Off READ FULL POST
Constitutional Challenge to Gene Patents Survives Motion to Dismiss By Davis Doherty – Edited by Jad Mills Assn. for Molecular Pathology, et al. v. USPTO, et al., Case no. 09-CV-4514 (S.D.N.Y. Nov. 2, 2009) Slip Opinion (hosted by Patent Baristas) The United States District Court for the Southern District of New York denied defendants’ motion to dismiss plaintiffs’ claim that patents on a human gene violate the First Amendment and Article I of the Constitution for jurisdictional issues, lack of standing, ... Read More...
Posted On Nov - 10 - 2009 Comments Off READ FULL POST
By Andrew Jacobs Court Issues TRO Against Sales of Beatles Music “Simulation” Ars Technica reports that on November 5, a Central District of California judge issued a temporary restraining order (TRO) against BlueBeat.com, a website offering 25-cent downloads and free streaming of thousands of copyrighted songs, most notably including the entire Beatles catalog. The order is part of a suit filed on November 3 by Capitol, EMI, Priority, and Virgin Records, claiming copyright infringement and various state law violations. In ... Read More...
Posted On Nov - 8 - 2009 Comments Off READ FULL POST
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