A student-run resource for reliable reports on the latest law and technology news
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Flash Digest: News in Brief

By Anne Woodworth

UK Court Allows Safari Users to Sue Google over Privacy Settings

FTC Responds to Allegations that it Ignored Staff Recommendations to Sue Google

Citigroup Report Criticizes Law Firms for not Reporting Hacking

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Federal Circuit Rejects En Banc Review of Infringement Willfulness Standard

By Paulius Jurcys – Yaping Zhang

The Federal Circuit rejected a motion for en banc review of a patent infringement case evaluating the willfulness standard and whether the standard should be changed in order to meet the interpretation provided by the Supreme Court in the Octane decision.

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The FCC’s Net Neutrality Rules on Protecting and Promoting Open Internet

By Shuli Wang – Edited by Yaping Zhang

Two weeks after voting on regulating broadband Internet service as a public utility, on March 12, the Federal Communications Commission (”FCC”) released a document (the FCC Order and Rules) on net neutrality, which reclassifies high-speed Internet as a telecommunications service rather than an information service, thus subjecting Internet service providers (ISPs) as common carrier to regulations under Title II of the Communications Act of 1934. The purpose of the new rules is to ensure the free flow of bits through the web without paid-for priority lanes and blocking or throttling of any web content.

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White House releases administration discussion draft for Consumer Privacy Bill of Rights Act of 2015

By Lan Du – Edited by Katherine Kwong

On February 27, 2015, President Obama released an administration draft of a proposed Consumer Privacy Bill of Rights Act. The proposed bill’s stated purpose is to “establish baseline protections for individual privacy in the commercial arena and to foster timely, flexible implementations of these protections through enforceable codes of conduct developed by diverse stakeholders.”

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Federal Circuit Flash Digest: News in Brief

By Patrick Gallagher

Federal Circuit Affirms Denial of AT&T Motion to Extend or Re-open Filing Period for Appeal in Patent Infringement Suit

In Patent Suit Against Apple, Federal Circuit Affirms in Part, Reverses in Part

Federal Circuit Reverses DNA Sequencing Technology Patent Construction

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U.S. appeals court affirms district court decision that a download is not a performance under the Copyright Act
By Greg Tang – Edited by Ian C. Wildgoose Brown

United States v. Am. Soc’y of Composers, Authors & Publishers, No. 09-0539 (2d Cir. September 28, 2010)
Opinion

On September 28, the United States Court of Appeals for the Second Circuit affirmed the ruling of the Southern District of New York that a digital download of a song does not constitute a public performance under section 106(4) of the Copyright Act. The court also vacated the district court’s assessment of fees for the blanket licenses that Yahoo! Inc. and RealNetworks Inc. sought from The American Society of Composers, Authors and Publishers (“ASCAP”), and remanded for further proceedings.

The holding in this case prevents ASCAP from “double-dipping” by receiving compensation for both copies and performances of its members’ musical works. It also provides much needed clarification on how license fees should be calculated for music streamed over the Internet.

JOLT Digest previously reported on the district court’s ruling that cell phone ringtones do not constitute public performances. BroadbandBreakfast.com and Bloomberg Businessweek each provide an overview of the case. The 1709 Blog and Internet Cases examine the court’s reasoning in detail. (more…)

Posted On Oct - 10 - 2010 Comments Off READ FULL POST

Dear Digest Readers,

The Digest will be taking a short break for the next few weeks. We’ll be back shortly with the same quality and coverage you’ve come to expect in addition to brand-new student commentary.

We sincerely hope you’ve enjoyed our coverage this summer - Stay Tuned!

The Digest Staff

Posted On Sep - 12 - 2010 Comments Off READ FULL POST

District court dismisses patent infringement claim against Wildtangent
By Andrew Segna – Edited by Matt Gelfand

Ultramercial, LLC v. Hulu, LLC, No. CV 09-06918 RGK (C.D. Cal. Aug. 13, 2010)
Opinion hosted by The Hollywood Reporter

On August 13, the United States District Court for the Central District of California granted Wildtangent, Inc.’s motion to dismiss against Ultramercial, LLC’s patent infringement claim. Hulu, LLC also made a similar motion that was rendered moot. In granting the motion to dismiss, the court analyzed Ultramercial’s patent, which claims a means by which users can watch copyrighted material in exchange for viewing advertisements. The court evaluated the patent under the machine or transformation test endorsed by the Supreme Court in Bilski v. Kappos, 561 U.S. ___ (2010), as “a useful and important clue” to process patent validity.  The court also looked to whether the patent claimed an “abstract idea.” The court held that because the claimed invention deals with the abstract concept of advertisement, and because it is not tied to a machine nor does it transform data, the patent is invalid.

JOLT Digest previously reported on the Bilski decision. The 271 Patent Blog provides an overview of the decision in this case. Patents4Software critiques the decision and considers how this case could affect future applications of the Bilski decision. (more…)

Posted On Sep - 11 - 2010 1 Comment READ FULL POST

Microsoft asks the Supreme Court to rule on the evidentiary standard for patent invalidity
By Abby Lauer – Edited by Matt Gelfand

Petition for Writ of Certiorari, Microsoft Corp. v. i4i Ltd. P’ship (U.S. 2010)
Petition, hosted by Patently-O

Last week, Microsoft announced that it has filed a petition for writ of certiorari to the Supreme Court in an effort to overturn a $290 million damages award imposed by a federal jury last year. The plaintiff in the case is i4i, L.P., a Canadian technology firm that has accused Microsoft of unlawfully incorporating its patented XML technology into the 2003 and 2007 versions of Microsoft Word.

Having lost in both the Eastern District of Texas and at the Federal Circuit, Microsoft is now asking the Supreme Court to reject the “clear and convincing” evidence standard for holding a patent invalid. Relying primarily on the Supreme Court case KSR International Co. v. Teleflex, Inc., 550 U.S. 398 (2007), Microsoft argues that the burden of proof for patent invalidity should be reduced when prior art that was not considered by the U.S. Patent and Trademark Office is presented to the court.

In August 2009, JOLT Digest reported on the district court’s decision in the case. Patently-O provides commentary on recent developments. (more…)

Posted On Sep - 10 - 2010 Comments Off READ FULL POST

DC District Court Orders a Halt to Federally Funded Embryonic Stem Cell Research
By Jessica Palmer – Edited by Ryan Ward

Sherley v. Sebelius, 2010 U.S. Dist. LEXIS 86441 (D.D.C. August 23, 2010)
Memorandum Opinion

On August 23, the United States District Court for the District of Columbia granted a preliminary injunction blocking the implementation of the National Institutes of Health (NIH)’s July 2009 guidelines for human embryonic stem cell (hESC) research. Judge Royce Lamberth held that “because the Guidelines allow federal funding of ESC [Embryonic Stem Cell] research, which involves the destruction of embryos,” federal funding for hESC research “clearly violate[s]” the Dickey-Wicker Amendment.

The Dickey-Wicker Amendment, an appropriations bill rider originally passed in 1996 and renewed each appropriations cycle thereafter, prohibits the use of appropriated funds for “research in which a human embryo or embryos are destroyed.” P.L. 111-8 § 509 (2009). Judge Lamberth rejected the government’s argument that, under Dickey-Wicker, NIH could support research on hESCs, as long as federal funding did not support the initial derivation of the stem cell lines from human embryos. Judge Lamberth reasoned that the NIH’s interpretation of the Dickey-Wicker Amendment did not deserve Chevron deference because the statute is unambiguous: “the language of the statute reflects the unambiguous intent of Congress to enact a broad prohibition of funding research in which a human embryo is destroyed. This prohibition encompasses all ‘research in which’ an embryo is destroyed, not just the ‘piece of research’ in which the embryo is destroyed.”

Professor Glenn Cohen of Harvard Law School criticized the order at Concurring Opinions, arguing that “it is hard to find that the statute is ‘unambiguous’ in Chevron terms in the way Lamberth says.” Professor Russell Korobkin of UCLA, writing at The Volokh Conspiracy, found the grant of a preliminary injunction “troubling” because “the balance of hardships tilts strongly in the direction of hESC researchers and the patients who hope their work will lead to cures, not in the direction of the plaintiffs who might see their chances of winning a grant reduced.” Both Cohen and Korobkin predicted that the Court of Appeals for the District of Columbia Circuit will reverse the district court’s grant of an injunction. (more…)

Posted On Sep - 6 - 2010 1 Comment READ FULL POST
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