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Following an unfavorable verdict from a second jury and the Court’s denial of the first motion for judgment as a matter of law (“JMOL”), Oracle America, Inc. (“Oracle”) filed a renewed motion for JMOL pursuant to FRCP Rule 50(b). Oracle’s second motion, filed July 6, 2016, claimed that “no reasonable jury” could find that Google’s “verbatim [and] entirely commercial” copying of Oracle’s code, in order to compete with Oracle, was fair use.[1] The motion will be heard on August 18, 2016.

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By Kayla Haran – Edited by Jaehwan Park

Pokémon Go Captures Full Google Account Permissions on iOS

Senate Committee Holds Hearing on FCC’s Proposed Broadband Privacy Rules

Federal Judge Suppresses Evidence Obtained Using Stingray in First Such Decision

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The Federal Circuit, in the closely divided en banc decision of SCA v. First Quality, held that Congress had authorized laches as a defense against legal remedy for patent infringement. This contradicts the Supreme Court’s recent holding that for copyright law, laches only applies to legal remedy when Congress hasn’t established a statute of limitations. The Supreme Court has granted cert to review the Federal Circuit’s holding.

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U.S. and E.U. officials formally approved the “Privacy Shield” this week, a new agreement governing the transfer of data between Europe and the United States. The final adoption of the transatlantic agreement comes after several years of negotiations, which were accelerated last October when the Court of Justice of the European Union (“CJEU”) invalidated a key part of the U.S.-E.U. “Safe Harbor,” an agreement that had previously enabled American companies to transfer data from the European Union without running afoul of its stricter privacy laws.

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Federal Circuit Flash Digest

 

By Frederick Ding — Edited by Jaehwan Park

 

Patent Assertion Entity Not a “Patentee” By Itself

 

Induced Infringement Verdict Not Defeated by Defendant’s Unreasonable Belief in Noninfringement

 

Continuations Can Be Filed on Same Day as Earlier Application’s Issuance

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by Michael Adelman

Major US Internet Service Providers and Media Organizations Agree to “Six Strikes” Copyright Enforcement Plan

Last week, major ISP’s such as AT&T, Verizon, Comcast, Cablevision, and Time Warner Cable voluntarily agreed to help copyright owners by implementing a series of warnings and penalties for users suspected of downloading copyright infringing material, Ars Technica reports. When copyright holders detect alleged illegal file sharing, they will notify the ISP’s, who have committed to forward these notices to subscribers (but will not turn over subscriber names or addresses to content providers without a court order). Eventually, the plan calls for ISP’s to impose punishments on repeat offenders, including redirection to an educational landing page on copyright infringement and temporary reductions of internet speeds. The Obama administration applauded the measure, and Wired reports industry groups like the Motion Picture Association of America and the Recording Industry Association of America were similarly enthusiastic.

NJ Appellate Court Rules That Wife Tracking Spouse’s Car Movements Via GPS Not A Privacy Violation

A New Jersey Appellate Court (via Scribd) recently dismissed an ex-husband’s claim against a private investigator who recommended his ex-wife place a GPS tracker in their shared vehicle. The ex-wife used the GPS data to investigate if her spouse was having an affair. The Technology and Marketing Law Blog comments on several small but important details the court focused on, including that the vehicle was jointly owned and the GPS only tracked the ex-husband in public places. The Wall Street Journal notes this case is a forerunner to United States v. Jones, a warrantless GPS tracking case headed to the Supreme Court next year.

ITC Finds That HTC Phones Violate Two Apple Patents

ZDNet reports that the ITC found HTC is infringing two Apple patents. According to Engadget, one of the patents at issue is asserted against Motorola in a separate legal battle, and both seem to cover core features of Google’s Android mobile operating system. TechCrunch reports that Eric Schmidt, Google’s executive chairman and former CEO, said the ruling doesn’t worry him, but that Google will assist HTC in appealing the ruling. The Economic Times perceives an increasing amount of litigation between Apple and HTC, as well as fellow smartphone and tablet competitors Nokia and Samsung resulting from more Android-powered devices being released to challenge Apple’s popular iPhone and iPad.

Posted On Jul - 19 - 2011 Comments Off READ FULL POST

By Heather Whitney – Edited by Esther Kang

On June 28th, Google launched Google+, what appears to be its first major attempt to combat Facebook in the social networking space. While it has been said that Google+ shares more than a little in common with Facebook’s UI, from a policy perspective Google+ has attempted to distinguish itself from Facebook on two main fronts: first, more granular user control of content sharing (i.e. privacy), and second, increased data portability, giving users the ability to easily take their data out of Google+ and go elsewhere. While the introduction of a feasible Facebook competitor has been hailed as a win for users, the possibility of robust competition, resulting in innovation and user-sensitivity, will remain out of reach until users, and not the dominant social networking site, have primary control over their data. In other words, although Google+ has raised the user control and privacy ante, online social networking will never reach its full potential until the costs of switching social networks are drastically lowered.

This article will touch on a few Google+ highlights; for a detailed comparison between Google+ and Facebook, see this Digital Trends piece. (more…)

Posted On Jul - 17 - 2011 Comments Off READ FULL POST

Supreme Court to Consider Civil Procedure Issues in Two Patent Cases
By Marina Shvarts – Edited by Dorothy Du

Hyatt v. Kappos, 625 F.3d 1320 (Fed. Cir. 2010)
Petition for Writ of Certiorari hosted by scotusblog.com

Caraco Pharm. Labs., Ltd. v. Novo Nordisk A/S, 601 F.3d 1359 (Fed. Cir. 2010)
Petition for Writ of Certiorari hosted by scotusblog.com

In Kappos v. Hyatt, the Court will consider whether a patent applicant who is seeking to overturn a Patent and Trademark Office (“PTO”) decision in a Section 145 civil action may introduce new evidence that could have been, but was not, presented to the PTO, and when new evidence is introduced, whether the district court can decide related factual questions de novo or whether it must give deference to the PTO’s prior decision.

In Caraco Pharm. Labs., Ltd. v. Novo Nordisk A/S, the Court will consider the extent of a generic drug manufacturer’s rights to file a counterclaim under the Hatch-Waxman act seeking an order to require the patent holder to correct or delete the patent information submitted to the FDA that misstates the scope of the patent.

Patent Docs summarizes the Federal Circuit en banc decision in KapposPatent Docs also discusses the Federal Circuit holding in Caraco Pharmaceutical Laboratories.

(more…)

Posted On Jul - 13 - 2011 Comments Off READ FULL POST

Eighth Circuit Holds that Use of Public Domain Material Infringes Film Copyright
By Michael Hoven – Edited by Esther Kang

Warner Bros. Entm’t v. X One X Productions, No. 10-1743 (8th Cir. July 5, 2011)
Slip Opinion

The Eighth Circuit unanimously affirmed in part and reversed in part a decision by the Eastern District of Missouri, which had granted summary judgment to Warner Bros. on its copyright infringement claim and issued a permanent injunction prohibiting defendants (collectively “AVELA”) from licensing images from publicity materials for The Wizard of Oz, Gone with the Wind, and short films featuring Tom & Jerry. The Eight Circuit remanded the case for modification of the injunction in light of their decision.

The Eighth Circuit reversed the district court’s grant of summary judgment to Warner Bros. with regard to AVELA’s reproduction of publicity images, holding that the publicity materials were in the public domain. The Eighth Circuit affirmed the lower court’s grant of summary judgment to Warner Bros. and the permanent injunction prohibiting AVELA’s production of items that evoked copyrightable aspects of the film characters, even when the products featured only images and text extracted from the public domain. In so holding, the court noted that the public’s right to use and modify public domain materials ends when it conflicts with an existing copyright. Because the “increments of expression” that a film adds to a public domain character are copyrightable, a combination of materials that do not independently infringe copyright—such as public domain extracts—may nonetheless infringe on an expressive element of that character that is protected under the film’s copyright.

PIT IP Tech Blog provides an overview of the case. Techdirt criticizes the decision for its expansion of copyright protection at the expense of the public domain. Copyright Litigation Blog questions whether other circuits or the Supreme Court will follow the Eighth Circuit’s reasoning and asserts that modifications of public domain material will fuel litigation in coming years. (more…)

Posted On Jul - 12 - 2011 Comments Off READ FULL POST

By Daniel Robinson

Wikileaks Plans to Sue Credit Card Companies for Blocking Payments

Wikileaks intends to sue Visa and Mastercard for blocking payments to the site, CBS News reports. The credit card companies have blocked all donations and payments to WikiLeaks since last December, allegedly in response to pressure by the United States government. Wikileaks claims that the companies’ actions violated the Competition Rules of the European Union, and it intends to file a complaint with the European Commission and file suit in Denmark, according to its press release.

Google Fails to Acquire Nortel Patent Portfolio

Reuters reports a consortium of technology companies acquired the patent portfolio of Nortel Networks, the bankrupt Canadian telecom, last week in an auction. The portfolio contains more than 6,000 patents, many of which concern mobile technology, and was sold for $4.5 billion. Google, which had mystified onlookers by bidding approximations of mathematical constants such as pi, had been expected to win after placing a $900 million “stalking horse” bid in April. According to CNN Money, the winning consortium contained several of Google’s major competitors, including Apple, Microsoft, Ericsson, and RIM, and the winning bid was the largest sum ever paid for an intellectual property portfolio.

Judge Rules Wiretapping Case Against Google Street View Can Go Forward

A federal judge in Silicon Valley has denied Google’s motion to dismiss a wiretapping claim against it, Wired reports. The plaintiffs claim that Google’s Street View vehicles, which travel across public streets recording images to improve Google’s Street View service, intercepted and stored communications from unencrypted Wi-Fi networks, in violation of the Electronic Communications Privacy Act. Google has claimed that the vehicles, which record the locations of Wi-Fi networks to improve Google’s location services, only stored communications gathered from those networks by mistake, and had further argued that because the networks were not password-protected, intercepting them did not constitute wiretapping.

Amazon Terminates Associates Program in California in Response to Sales Tax Bill

A new California law will, for the first time, require online retailers with no physical stores in the state to collect sales tax on purchases by California residents, Ars Technica reports. In order to avoid being subject to the law, Amazon has sought to reduce its contacts with the state by eliminating its affiliate program in California. According to the Los Angeles Times, online purchases have always been subject to sales tax in California, but consumers, rather than retailers, have previously been responsible for paying it, which has made collection difficult. Amazon has argued that the law is unconstitutional, and is currently fighting a similar New York law in court

Posted On Jul - 6 - 2011 Comments Off READ FULL POST
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Oracle Renews Motion

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