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Newegg Wins Patent Troll Case After Court Delays

By Kasey Wang – Edited by Yunnan Jiang and Travis West

The District Court for the Eastern District of Texas recently issued a final judgement for online retailer Newegg, twenty months after trial, vacating a $2.3 million jury award for TQP. TQP, a patent assertion entity commonly known as a “patent troll,” collected $45 million in settlements for the patent in question before Newegg’s trial.

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The Evolution of Internet Service Providers from Partners to Adversaries: Tracking Shifts in Interconnection Goals and Strategies in the Internet’s Fifth Generation

By Robert Frieden – Edited by Marcela Viviana Ruiz Martinez, Olga Slobodyanyuk and Yaping Zhang

In respone to increasing attempts by Internet Service Providers to target customers who trigger higher costs for rate increases, the FCC and other regulatory agencies worldwide have stepped in to prevent market failure and anticompetitive practices. This paper will examine new models for the carriage of Internet traffic that have arisen in the wake of these changes.

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The Global Corporate Citizen:  Responding to International Law Enforcement Requests for Online User Data 

By Kate Westmoreland – Edited by Yunnan Jiang

This paper analyses the law controlling when U.S.-based providers can provide online user data to foreign governments. The focus is on U.S. law because U.S. dominance of internet providers means that U.S. laws affect a large number of global users. The first half of this paper outlines the legal framework governing these requests. The second half highlights the gaps in the law and how individual companies’ policies fill these gaps.

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3D Printing, Net Neutrality, and the Internet: Symposium Introduction

By Deborah Beth Medows – Edited by Yaping Zhang

Jurists must widely examine the pervasive challenges among the advents in Internet and computer technology in order to ensure that legal systems protect individuals while  encouraging innovation.  It is precisely due to the legal and societal quagmires that 3D printing and net neutrality pose that ideally position them as springboards from which to delve into broader discussions on technology law.

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A Victory for Compatibility: the Ninth Circuit Gives Teeth to RAND Terms

By Stacy Ruegilin – Edited by Ken Winterbottom

Microsoft won a victory in the Ninth Circuit last Thursday after the court found that Motorola, a former Google subsidiary, had breached its obligation to offer licenses for standards-essential technologies at reasonable and non-discriminatory rates. The court affirmed a $14.52 million jury verdict against Motorola for the breach.

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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

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
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Newegg

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Photo By: Brian Hawkins - CC BY 2.0

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