A student-run resource for reliable reports on the latest law and technology news
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DRIP Bill Expands UK’s Data Surveillance Power

By Yixuan Long – Edited by Insue Kim

House of Lords passed the Data Retention and Investigatory Powers Bill (“DRIP”) on July 17, 2014. DRIP empowers the UK government to require all companies providing internet-based services to UK customers to retain customer metadata for 12 months. It also expands the government’s ability to directly intercept phone calls and digital communications from any remote storage. Critics claim the bill goes far beyond what is necessary and its fast-track timeframe prevents meaningful discussion.

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Federal Circuit Grants Stay of Patent Infringement Litigation Until PTAB Can Complete a Post-Grant Review

By Kyle Pietari – Edited by Insue Kim

Reversing the district court’s decision, the Federal Circuit granted a stay of patent infringement litigation proceedings until the PTAB can complete a post-grant patent validity review. This was the court’s first ruling on a stay when the suit and review process were happening concurrently.

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Ninth Circuit Rejects Fox’s Request to Shut Down Dish Services, Despite Aereo Decision

By Sheri Pan – Edited by Insue Kim

United States Court of Appeals for the Ninth Circuit affirmed the district court’s denial of Fox’s motion for a preliminary injunction.  Fox argued that the technologies would irreparably harm Fox because they violate copyright laws, but the Ninth Circuit ruled that the district court did not err in finding that the harm alleged by Fox was speculative, noting that Fox had failed to present evidence documenting such harm.

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Flash Digest: News in Brief

By Patrick Gutierrez

Senate passes bill to make cell phone unlocking legal

ABA urges lawyers to stop pursuing file sharing lawsuits

FBI cautions that driverless cars may be used to assist criminal behavior

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Federal Circuit Flash Digest: News in Brief 

By Amanda Liverzani

Dismissal of Trademark Registration Opposition Affirmed Despite Pronunciation Error

Non-Infringement of Cellular Network Patents Affirmed

Federal Circuit Finds it Lacks Subject-Matter Appellate Jurisdiction Over Patent Infringement Case
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The Digest is celebrating our two-year anniversary! Since January 2007 we have grown from a dedicated group of five to a staff of more than twenty-five; this past year we’ve worked to bring our readers a greater quantity and variety of content, including the reintroduction of Flash Digest and Digest Comments. We hope to continue to be a valuable source of law and technology news.

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

The Digest Staff

Posted On Jan - 10 - 2010 Comments Off READ FULL POST
By Dr.Jur. Eric Engle LLM[i]
Editorial Policy

An internet fraudster, a repeat offender, has recently been charged[ii] with “fraud and related activity in connection with computers[iii] in connection with a financial crime – fraudulent currency trading through phishing.[iv] The defendant obtained the passwords to another person’s internet account and then used that person’s account to trade foreign currency. Interestingly, the indictment[v] uniquely charges the fraudster with a computer crime. The fact pattern, however, raises the interesting question of whether the defendant could have been charged under the Securities and Exchange Acts of 1933[vi] and/or 1934[vii].

The threshold question is whether trading in foreign currency is trading in “a security” and, if so, under what circumstances. The Securities and Exchange Acts define “security” broadly.[viii] Though cash itself is not a security,[ix] Ponzi schemes have been found to be a “security”[x] in the context of currency trading. Furthermore, foreign currency options are a security.[xi] The SEC has charged currency fraud under Section 17(a) of the Securities Act of 1933 (Securities Act) and Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 thereunder.[xii] Is there a theory which can bring currency trading into the Securities and Exchange Acts? (more…)

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

By Kassity Liu JD ’12
Edited by Joey Seiler

Editorial Policy

On October 6, 2009, Eolas Technologies Inc., a research and development company specializing in web solutions, filed a federal lawsuit in the Eastern District of Texas against 23 prominent companies in the software and Internet industry. Eolas claims that these companies are infringing two of its patents, U.S. Patent No. 5,838,906 (’906 Patent) and U.S. Patent No. 7,599,985 (’985 Patent). These two patents cover technology that enables websites to act as platforms for fully integrated embedded applications. The ’906 Patent was granted in November 1998. It defines a system that would allow Internet users to access and execute an embedded program. The ’985 Patent, which was granted on the same day that the company filed its present lawsuit, extends the reach of the older patent to AJAX (asynchronous JavaScript and XML) applications.

The present suit is not Eolas’ first. In a previous patent infringement suit, Eolas targeted Microsoft, claiming that the company had infringed its ‘906 Patent. Eolas alleged that its invention, which was first demonstrated at a SIGWEB meeting in 1994, was the “first instance where interactive applications were embedded in Webpages.”[1] The district court sided with Eolas, and the jury awarded Eolas $521 million in damages.[2] Microsoft appealed this decision, but after unsuccessful attempts at moving the case to the Supreme Court and invalidating the patent, the software giant chose to settle with Eolas. (more…)

Posted On Jan - 3 - 2010 Comments Off READ FULL POST

By Dr. Jur. Eric Engle, LLM[i]
Edited by Gary Pong
Editorial Policy

New technologies have made types of searches possible which could never have been envisioned when the Fourth Amendment was proposed to prohibit unreasonable search and seizure. With remote listening, infrared imaging, and, now, wireless technologies, it is possible to detect movements of people within buildings with no discernible physical impact on the surveilled person’s life.[ii] Are remote searches reasonable? Do they require a warrant?[iii] In my opinion, courts should treat these sorts of remote detection techniques (“surveillance”) as searches subject to the Fourth Amendment’s requirement of reasonableness.

The Fourth Amendment to the U.S. Constitution expressly guaranties that:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Fourth Amendment was incorporated by the Fourteenth Amendment to apply directly to the states, even though many protections against search and seizure at state common law were more extensive than the Fourth Amendment.[iv] The general rule is that the Fourth Amendment’s prohibition of unwarranted searches does not apply where there is no reasonable expectation of privacy.[v] That leads to the question of when a person has reason to believe that he or she is “in private” as opposed to “in public”. This will depend both on the facts of the case and on social reality.[vi] For example, different cultures within the United States have different senses of what is “public” and what is “private”, and those senses are constantly evolving.[vii] However, one bright line stands out: searches of homes without warrants are presumptively unreasonable because “[a]t the very core [of the Fourth Amendment] stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.” [viii] (more…)

Posted On Dec - 29 - 2009 Comments Off READ FULL POST

By Andrew Segna, JD ‘12
Edited by Lee Welling
Editorial Policy

Video games have evolved from a niche hobby to an important mainstream form of entertainment and artistic expression in the United States. A May 2009 Ars Technica article stated that Americans are more likely to spend time playing video games then going to see a movie. Video games can now be considered a peer of music, movies, and television. As in these other industries, there has been a recent movement outside of big-budget and high-profile games. Small development teams with limited resources have begun producing unique games that push the boundaries of gameplay and story-telling. Current independent developers grew up on the personal computer (PC) and are familiar with its open nature, meaning that with the PC developers can have unfettered control over their products’ creation and distribution.

This open nature is not without flaws, such as piracy. In response to these flaws, developers have begun moving to other platforms, most importantly the Xbox 360 and the iPhone. The popularity of these devices and their ease of use present an enormous opportunity for independent developers. The evolution of these platforms, however, also presents a significant impediment to the growth of independent games. The flawed free and restrictive natures of the Xbox 360 and the iPhone threaten the financial success of independent games. In contrast, Microsoft’s control over the Xbox 360 and Apple’s control over the iPhone enables these two platform holders to achieve their own goals. The interests of the platform holder and independent developers often do not align, which negatively impacts the latter entity. Independent developers are so intent on producing profitable games that they focus on surviving on the platform instead of changing its structure for the betterment of their peers. In order to overcome the harms of these platforms, this Comment will argue that a legal aid organization should guide independent developers in overcoming Microsoft’s and Apple’s status as repeat players in their respective platforms. (more…)

Posted On Dec - 22 - 2009 1 Comment READ FULL POST
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DRIP Bill Expands UK

By Yixuan Long – Edited by Insue Kim HL Bill 37 ...

infringement

Federal Circuit Gran

By Kyle Pietari – Edited by Insue Kim VirtualAgility, Inc., v. ...

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Ninth Circuit Reject

By Sheri Pan – Edited by Insue Kim Fox Broadcasting Company, ...

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Flash Digest: News i

By Patrick Gutierrez Senate passes bill to make cell phone unlocking ...

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Federal Circuit Flas

By Amanda Liverzani Dismissal of Trademark Registration Opposition Affirmed Despite Pronunciation ...