A student-run resource for reliable reports on the latest law and technology news
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Observing Mauna Kea’s Conflict

Written by: Aaron Frumkin

Edited by: Anton Ziajka

Believing the machinery desecrates their sacred summit and the scarce natural resources it shelters, native Hawaiians have opposed telescope development on Mauna Kea. While it seems that their beleaguered resistance to telescope development will fail yet again with the proposed Thirty Meter Telescope (TMT), this Note attempts to articulate their best arguments in hopes of properly framing the social costs associated with the great scientific and technological gains that TMT will surely provide.

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Federal Circuit Flash Digest: News In Brief

By Cristina Carapezza

Rosen Wins TV Headrest Patent Suit

Federal Circuit Allows for Declaratory Judgment of Noninfringement for Disclaimed Patent

Federal Circuit Prohibits Third Party Challenges to Patent Application Revivals Under the APA

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Government Agents Indicted for Wire Fraud and Money Laundering in Silk Road Investigation

By Sheri Pan – Edited by Jens Frankenreiter

Two former Drug Enforcement Administration agents have been charged for wire fraud and money laundering in connection with an investigation of Silk Road, a digital black market that allowed people to anonymously buy drugs and other illicit goods using Bitcoin, a digital currency. The two agents were members of the Baltimore Silk Road Task Force and allegedly used their official capacities and resources to steal Bitcoins for their personal gain.

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Mississippi Attorney General’s investigation of Google temporarily halted by federal court

By Lan Du – Edited by Katherine Kwong

On March 2, 2015, Mississippi Attorney General Jim Hood’s investigation of Google was halted by a federal court granting Google’s motion for a temporary restraining order and preliminary injunction. U.S. District Judge Henry T. Wingate issued the opinion. Judge Wingate found a substantial likelihood that Hood’s investigation violated Google’s First Amendment rights by content regulation of speech and placing limits of public access to information.

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Federal Circuit Flash Digest

By Ken Winterbottom

J.P. Morgan Appeal Dismissed for Lack of Jurisdiction

Court Agrees with USPTO: Settlement Agreements Are Not Grounds for Dismissing Patent Validity Challenges

Attorney Misconduct-Based Fee-Shifting Request Revived in Light of Recent Supreme Court Decision

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Chippendales’ “Professional and Classy Sexy Fun” Deemed Not Inherently Distinctive.
By Phillip Hill – Edited by Ian C. Wildgoose Brown

In re Chippendales USA, Inc., Serial No. 78/666,598 (Fed. Cir. Oct. 1, 2010)
Opinion

On October 1, the United States Court for the Federal Circuit affirmed the Trademark Trial and Appeal Board, which ruled that Chippendales USA, Inc. could not register its “abbreviated tuxedo” costume, the “Cuffs & Collar,” as an inherently distinctive mark.

The Court held that even though live adult entertainment typically involves “revealing and provocative” costumes, individual costumes can nevertheless be inherently distinctive. The Cuffs & Collar only qualified for acquired distinctiveness, however, because of shared heritage with the Playboy Bunny costume.

Both the Trademark Trial and Appeal Board and the Federal Circuit applied the test articulated in Seabrook Foods, Inc. v. Bar-Well Foods, Ltd., 568 F.2d 1342 (C.C.P.A. 1977) for determining inherent distinctiveness. In applying the Seabrook test, the court agreed with the U.S. Patent and Trademark Office (“PTO”) that inherent distinctiveness must be measured at the time of registration as opposed to the time of first use. The court reasoned that it would be unfair to allow applicants to delay registration and then “preempt intervening uses that might have relied on the fact that registration . . . had not been sought at an earlier time.”

PatentlyO provides an overview of the case. The TTABlog speculates that Chippendales will petition for certiorari. (more…)

Posted On Oct - 13 - 2010 Comments Off READ FULL POST

By Emily Hootkins

New Law Improves Access to Technology for Disabled

Bloomberg Businessweek and The Associated Press report that President Obama has signed into a law a bill requiring the telecommunications industry to enhance the accessibility of devices and programming for Americans with vision and hearing loss.  The bill could improve the quality of life for an estimated 61 million disabled people.  Among other requirements, the law sets new federal guidelines regarding accessible user interfaces on smart phones, telephone compatibility with hearing aids, and captions and audible descriptions for TV programming.

UAE’s Threatened Ban on Blackberries Averted

The United Arab Emirates has backed off from its threat to cut certain BlackBerry messaging and Internet services, reports The Washington Post.  The planned ban was cancelled just days before it was to take effect. According to The Associated Press, the ban would have affected half a million users.  The proposed ban threatened to harm the economy and reputation of this typically business-friendly country.

Apply May be Liable for $625.5 Million Patent Infringement Award

PC Magazine reports that a Texas district court has found Apple liable for both accidental and willful infringement on three patents owned by Mirror Worlds.  A jury awarded Mirror Worlds $625.5 million in damages for the infringement.  Computer World reports that Judge Davis postponed his final ruling in this case to allow post-trial motions disputing the $625.5 million award.  If the verdict is upheld, it will be one of the largest awards in patent lawsuit history.

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

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
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Photo By: Jeff Ruane - CC BY 2.0

Observing Mauna Kea'

Written by: Aaron Frumkin Edited by: Anton Ziajka I.     Introduction Perched quietly atop ...

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Federal Circuit Flas

By Cristina Carapezza Rosen Wins TV Headrest Patent Suit The Federal Circuit ...

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Government Agents In

By Sheri Pan - Edited by Jens Frankenreiter United States v. ...

Photo By: Robert Scoble - CC BY 2.0

Mississippi Attorney

[caption id="attachment_3907" align="alignleft" width="150"] Photo By: Robert Scoble - CC ...

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Federal Circuit Flas

By Ken Winterbottom J.P. Morgan Appeal Dismissed for Lack of Jurisdiction In ...