A student-run resource for reliable reports on the latest law and technology news
http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

3D Systems and Formlabs Settled Two-Year Patent Dispute

By Yixuan Long – Edited by Yaping Zhang

On December 1, 3D Systems and Formlabs settled their two-year legal dispute over the 520 Patent infringement. Terms of the settlement are undisclosed. The patent covered different parts of the stereolithographic three-dimensional printing process, which uses a laser to cure liquid plastic. 3D Systems was granted the ‘520 Patent in 1997. Formlabs views the settlement as enabling it to continue its expansion and keep developing new products.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Privacy Concerns in the Sharing Economy: The Case of Uber 

By Sabreena Khalid – Edited by Insue Kim

Recent revelations about Uber’s disconcerting use of personal user information have exposed the numerous weaknesses in Uber’s Privacy Policy. The lack of regulation in the area, coupled with the sensitive nature of personal information gathered by Uber, makes the issue one requiring immediate attention of policy makers.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

San Francisco Court Considers Google’s Search and Ad Services Free Speech

By Jens Frankenreiter – Edited by Henry Thomas

A San Francisco court dismissed a lawsuit against Google, treating Google’s search and advertisement services as constitutionally protected free speech. The lawsuit alleged an antitrust violation based on unfavorable treatment of a website in Google’s search results, and on the withdrawal of third-party advertisement from the website. In throwing out the lawsuit, the court applied California’s “anti-SLAPP” law, which allows quick dismissal of lawsuits against acts protected as free speech.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

EU Unitary Patent System Challenge Unsustainable: Advocate General

By Saukshmya Trichi – Edited by Ashish Bakshi

The Advocate General of the Court of Justice of the European Union has rendered an opinion on Spain’s challenges to regulations implementing the European Unitary Patent System. The Advocate General opines that the challenges must be dismissed as the system is intended to provide genuine benefit in terms of uniformity and integration, and safeguard the principle of legal certainty, while the choice of languages reduces translation costs considerably.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

California Sex Offender Internet Identification Law Held Unenforceable

By Jesse Goodwin – Edited by Michael Shammas

The 9th Circuit Court of Appeals affirmed a district court ruling granting a preliminary injunction prohibiting of the Californians Against Sexual Exploitation (“CASE”) Act. In a unanimous ruling, a three-judge panel held that requiring sex offenders provide written notice of “any and all Internet identifiers” within 24 hours to the police likely imposed an unconstitutional burden on protected speech.

Read More...

Stored Communications Act Protects Facebook and MySpace Users’ Private Communications
By Kathryn Freund – Edited by Jad Mills

Crispin v. Christian Audigier, Inc., CV 09-09509-MMM-JEMx (C.D. Cal. May 26, 2010)
Order

The Central District of California reversed and quashed Magistrate Judge McDermott’s order granting a subpoena to obtain private Facebook and MySpace messages and vacated and remanded his order granting a subpoena to obtain Facebook wall postings and MySpace  comments.

Judge Morrow held that private messages sent using Facebook and MySpace fall under the protections of the Stored Communications Act (“SCA”), 18 U.S.C. 2701, which limits the government’s ability to compel Internet service providers to “disclose information in their possession about their customers and subscribers.” He further held that the wall postings and comments also fall under the SCA, but only to the extent that the communications are not public, and remanded to determine the public access allowed under the user’s privacy settings. In so holding, the court provided a detailed analysis of the SCA and noted the difficulty of applying the SCA to modern internet communications.

The Technology & Marketing Law Blog provides an overview of the order and comments on the difficulty of gathering evidence from private Facebook profiles and messages through subpoenas. The Federal Lawyer describes some of the restrictions the SCA places on discovery. (more…)

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

By Chinh Vo

Spyware Vendor Settles Suit with FTC, Promises To Take Steps To Reduce Misuse

Ars Technica reports that software company Cyber Spy has agreed to cease marketing its keystroke-logging spyware in a way that attracts malicious users. The company’s promise is part of a settlement with the FTC, which charged Cyber Spy in 2008 with unfair selling and advertising because its Remote Spy product provided customers with instructions for attaching spyware to emails in order to track a target’s keystrokes and online activities. The district court in the case issued an injunction, temporarily banning Cyber Spy from selling Remote Spy. Under this settlement, Cyber Spy promises to stop promoting its Remote Spy application as a “100% undetectable” way to “Spy on Anyone. From Anywhere.” The company must also warn purchasers that using the software improperly may violate the law and take other steps to prevent malicious use of its product.

Lawyers Claim Google Deliberately Collected Data from Wi-Fi Networks

Wired reports that lawyers suing Google have claimed that a 2008 patent application demonstrates that the company deliberately programmed its Street View cars to collect private data from open Wi-Fi networks. Google is facing several class action lawsuits following its disclosure that its Street View cars intercepted Wi-Fi traffic, an action that the internet giant attributes to coding error. According to the lawyers, the patent application describes a method for increasing the accuracy of location-based services by intercepting data. Google spokeswoman Christine Chen stated that, despite the lawyers’ claims, the patent application “is entirely unrelated to the software code used to collect Wi-Fi information with Street View cars.” She added that not all of the patent applications that Google files “mature into real products or services,” but did not comment on whether Google has actually used the methods described in the particular patent application in question.

USPTO Proposes Fast Track To Expedite Patent Application Review

The Wall Street Journal reports that the U.S. Patent and Trademark Office is proposing a new three-track system that would allow applicants to pay an undisclosed premium, on top of the $1090 filing fee, to expedite review of their applications. Currently, the USPTO reviews patent applications mostly on a first-come, first-served basis. In a press release, USPTO Director David Kappos stated that “traditional ‘one-size-fits-all’ examination timing may not work for all applicants” and emphasized a goal of promoting efficiency. The USPTO has faced growing complaints from businesses due to its increasing backlog; last year it took 34.6 months on average for patent applications to be reviewed. The proposal could go into effect next year following a public comment period.

Posted On Jun - 7 - 2010 Comments Off READ FULL POST

Federal Circuit Chooses Absurdity Over Judicial Claim Redrafting
By Chinh Vo – Edited by Jad Mills

Haemonetics Corp. v. Baxter Healthcare Corp., No. 2009-1557 (Fed. Cir. June 2, 2010)
Slip Opinion

On June 2, 2010, the Court of Appeals for the Federal Circuit reversed the claim construction of the District Court for the District of Massachusetts and vacated a jury verdict in favor of the plaintiff in a patent infringement suit.

Haemonetics Corp. (“Haemonetics”) had filed a patent infringement lawsuit against Fenwal Inc. (“Fenwal”) alleging infringement of its patent for a compact blood centrifuge device. The district court, after construing the last two references to the term “centrifugal unit” in claim 16 as referring to only the centrifugal vessel and not also its adjoining tubing, had awarded over $11.3 million in lost profits damages and over $4.3 million in reasonable royalty damages. The appeals court disagreed with the district court’s claim construction, noting that language from the claim preamble clearly defined a centrifugal unit as including both “a centrifugal component and a plurality of tubes.” The court then vacated and remanded the jury verdict, the district court’s grant of judgment as a matter of law (“JMOL”) that claim 16 was not indefinite, the district court’s denial of JMOL that claim 16 was neither anticipated by prior invention nor obvious, and the district court’s award of prospective remedies, finding that all of these determinations relied on the district court’s erroneous claim construction.

The Patent Prospector provides an overview of the case. Top Legal News summarizes the holdings in the case. (more…)

Posted On Jun - 6 - 2010 Comments Off READ FULL POST

Federal Circuit Affirms Dismissal of Patent Infringement Suit on Grounds of Equitable Estoppel
By Abby Lauer – Edited by Chinh Vo

Aspex Eyewear, Inc. v. Clariti Eyewear, Inc., No. 2009-1147 (Fed. Cir. May 24, 2010)
Slip opinion

In a recent opinion, the Federal Circuit affirmed the U.S. District Court for the Southern District of New York, which had granted defendant Clariti’s summary judgment motion to dismiss a patent infringement lawsuit brought by plaintiff Aspex.

The Federal Circuit held that Aspex’s lawsuit was properly dismissed on grounds of equitable estoppel. Because Aspex waited three years after initially accusing Clariti of patent infringement to bring a lawsuit, the court agreed with the district court that the elements of equitable estoppel had indisputably been established. In so holding, the court revived an infrequently-applied doctrine first established by the Federal Circuit’s 1992 en banc decision in A.C. Aukerman Co. v. R.L. Chaides Constr. Co., 960 F.2d 1020 (Fed. Cir. 1992).

IPWatchdog and Inventive Step provide an overview of the case. (more…)

Posted On Jun - 2 - 2010 Comments Off READ FULL POST

By Sharona Hakimi

Facebook Responds to Privacy Concerns

The New York Times reports that on May 26, Facebook CEO Mark Zuckerberg publicly addressed a growing number of recent complaints about Facebook’s privacy settings. The settings sparked “vociferous complaints” across the globe from users, privacy advocates, and government officials. The current system requires users to sort through over 150 privacy options, including the controversial “instant personalization” feature, which allows third party sites to access users’ personal data. Zuckerberg announced plans that includes simplifying privacy controls and revealing minimal information when users search the directory.

Congress Opposes FCC’s Proposal to Regulate Broadband

CNET reports that in the past week, 282 Republican and Democratic members of Congress signed letters to the FCC expressing their concerns over the FCC’s proposal to reclassify broadband as a telecommunication service. The FCC is currently drafting new Net neutrality rules in the wake of Comcast Corp. v FCC, and to reassert its authority the agency has proposed a “third way” of regulating broadband by reclassifying it as a Title II telecommunication service. This would subject broadband services to many of the same rules that apply to traditional telephone services. The letters included requested that the FCC refrain from reclassifying broadband, as Congress plans to address the issue in its upcoming efforts to revise the Communications Act.

Student Files Suit Against Pennsylvania High School in Sexting Case

Wired reports that an unnamed 19-year-old filed suit against her former Pennsylvania high school after school officials confiscated and searched her phone, and found semi-nude photos of her. The student was one of sixteen at Tunkhannock Area High School threatened with criminal child pornography charges in 2009 unless she agreed to six months of probation, drug testing, and attendance of a five-week, 10-hour program. Although she was not charged, the student is seeking to have the images, which are available in the government record, destroyed; she is also seeking reimbursement for the educational course and lost wages.

Posted On Jun - 1 - 2010 Comments Off READ FULL POST
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
invisalign-braces

3D Systems and Forml

By Yixuan Long – Edited by Yaping Zhang 3D Systems, Inc., ...

91ea09a6535666e18ca3c56f731f67ef_400x400

Privacy Concerns in

By Sabreena Khalid – Edited by Insue Kim Following scandals earlier ...

free-speech

San Francisco Court

By Jens Frankenreiter – Edited by Henry Thomas S. Louis Martin ...

European union concept, digital illustration.

EU Unitary Patent Sy

By Saukshmya Trichi – Edited by Ashish Bakshi Advocate General’s Opinion ...

computer-typing1

California Sex Offen

By Jesse Goodwin – Edited by Michael Shammas Doe v. Harris, ...