A student-run resource for reliable reports on the latest law and technology news
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Insuring Patents

By Yaping Zhang – Edited by Jennifer Chung and Ariel Simms

Despite its increasing availability, patent insurance—providing defensive protection against claims of patent infringement and funding offensive actions against patent infringers—continues to be uncommon. This Note aims to provide an overview of the patent insurance landscape.

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Defend Trade Secrets Act of 2016 Seeks to Establish Federal Cause of Action for Trade Secrets Misappropriation

By Suyoung Jang – Edited by Mila Owen

Following the Senate Judiciary Committee’s approval in January of the Defend Trade Secrets Act of 2016, the Committee has released Senate Report 114-220 supporting the bill. The bill seeks to protect trade secret owners by creating a federal cause of action for trade secret misappropriation.

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Federal Circuit Flash Digest

By Evan Tallmadge – Edited by Olga Slobodyanyuk

The Linked Inheritability Between Two Regions of DNA is an Unpatentable Law of Nature

HP Setback in Challenging the Validity of MPHJ’s Distributed Virtual Copying Patent

CardPool Fails to Escape an Invalidity Judgment But Can Still Pursue Amended Claims

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Amicus Brief by EFF and ACLU Urging Illinois State Sex Offender Laws Declared Unconstitutional under First Amendment

By Yaping Zhang – Edited by Mila Owen

With the Illinois Supreme Court gearing up to determine the constitutionality of the state’s sex offender registration statute, two advocacy non-profits have filed amicus briefs in support of striking the law down.

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Flash Digest: News in Brief

By Gia Velasquez – Edited by Ken Winterbottom

Federal Court Grants Uber’s Class Action Certification Appeal

Independent Contractor Classification of Uber Drivers May Violate Antitrust Laws

Self-Driving Car Will Be Considered Autonomous Driver

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By Tim Grayson

White House Presses for Copyright Reform, Privacy “Bill of Rights”

On Wednesday, the White House released a 20-page white paper (PDF), aimed at helping Congress tackle the increasingly complex issues surrounding copyright and intellectual property laws. As CNET reports, one of the paper’s main purposes was to urge Congress to definitively establish streaming unauthorized media as a felony. Making such “illegal streaming” a felony would empower the FBI to tap the phones, Internet connections, and other communication methods employed by those suspected of such activity. The administration also expressed its support for a new privacy “bill of rights.” The suggested legislation would be aimed at protecting consumers from increasingly invasive data collecting practices that are not expressly illegal under current law.

Former FCC Boss to Become Chief Cable Lobbyist

Ars Technica reports that Michael Powell — who ran the FCC under George W. Bush from 2001 until 2005 — will be the new head of the National Cable and Telecommunications Association, the nation’s principal cable lobby. Powell’s most defining moment as FCC chair was a series of somewhat bizarre remarks (video) regarding the agency’s role in closing the “digital divide.” Powell, the son of former Secretary of State Colin Powell, replaces Kyle McSlarrow, who left the NCTA earlier this month in order to join Comcast/NBC Universal.

Microsoft Teams up with Feds to Stop Spam

Working in concert with federal law enforcement agencies, Microsoft seized computer equipment across the country designed to cripple the “botnet” Rustock. The raids were part of a civil lawsuit Microsoft filed in federal court, alleging that spam distributed by the botnet harms the company’s products and reputation. Rustock was estimated to be responsible for about 40% of all botnet spam, which in turn accounts for the vast majority of all spam. Microsoft is known for its tough-on-botnet-spam stance, suggesting earlier this year that infected computers be banned from accessing the Internet.

Posted On Mar - 20 - 2011 Comments Off READ FULL POST

Ninth Circuit Vacates Injunction in Keyword Advertising Case
By Kaethin Prizer – Edited by Kassity Liu

Network Automation, Inc. v. Advanced Systems Concepts, Inc., No. 10-55840 (9th Cir. Mar. 8, 2011)
Slip Opinion

The Ninth Circuit vacated the preliminary injunction granted by the district court to Advance Systems Concepts (“Systems”) in a trademark infringement case involving the use of keyword advertising.

The court found that the lower court erred in its analysis of whether Network Automation’s keyword advertising, which targeted the name of its competitor Systems’ software, created a likelihood of consumer confusion. The district court had prioritized the “Internet troika” factors that were emphasized by this court in Brookfield Commc’ns, Inc. v. West Coast Entm’t Corp., 174 F.3d 1036, 1054 (9th Cir. 1999). The circuit court disagreed with this approach, holding that the “troika” factors should not be the controlling factors for all cases of trademark infringement that involve the internet, and added that the “troika” factors may only be appropriate for domain name disputes. In so holding, the court emphasized that “[w]e must be acutely aware of excessive rigidity in applying the law in the Internet context; emerging technologies require a flexible approach.”

IP Law Chat gives an overview of the case. Public Citizen and Eric Goldman provide thorough analyses of the decision. (more…)

Posted On Mar - 15 - 2011 1 Comment READ FULL POST

By Andrew Crocker

Supreme Court to Hear “Major Test of Copyright Power”

SCOTUSblog reports that the Supreme Court has granted certiorari in Golan v. Holder to consider a challenge to the federal law that restored U.S. copyrights to certain foreign works that had previously been in the public domain. The petitioners are “orchestra conductors, educators, performers, film archivists, and motion picture distributors” who claim to have relied upon the formerly public domain works. The petitioners have twice appealed to, and been denied by, the United States Circuit Court for the Tenth Circuit. In its next term, the Supreme Court will rule on both arguments rejected by the Tenth Circuit — that the law violates both the First Amendment and the Copyright Clause of the Constitution. According to Publisher’s Weekly, the works restored to copyright include “symphonies by Shostakovich and Stravinsky, books by Virginia Woolf, artwork by Picasso, and films by Fellini and Hitchcock.”

JOLT Digest has previously reported on filing of the writ of petition for certiorari, the Tenth Circuit’s original ruling in Golan, the district court’s subsequent decision, and the Tenth Circuit’s most recent decision.

Sony Subpoenas IP Records of Visitors to PS3 Jailbreak Site

Wired reports that a magistrate judge in the United States District Court for the Northern District of California has granted Sony’s subpoena request to require a website host to turn over IP addresses of visitors to a New Jersey hacker’s site. George Hotz, the site owner, posted encryption keys and other software that allow owners of Sony’s Playstation 3 (“PS3”) to “jailbreak” the console. Sony argues that Hotz violated the Digital Millennium Copyright Act’s prohibition on distributing tools that allow circumvention of technological copy protections, since jailbreaking the PS3 allows owners to run pirated games. The court also granted Sony the right to subpoena related information from Hotz’s accounts on Twitter, YouTube and Blogger.

Lime Wire Settles Suit with Music Publishers

Bloomberg reports that a group of music publishers, including EMI and Warner Brothers, has settled their lawsuit against Lime Wire LLC, creator of the now defunct file-sharing service LimeWire. The terms of the settlement have not been disclosed. Last year, in a suit brought by the Recording Industry Association of America (“RIAA”), Lime Wire was found liable for copyright infringement and forced to shut down. According to CNET, the music publishers filed suit after the RIAA ruling — as did a separate group of record labels, whose suit is still pending. The Hollywood Reporter notes that in the pending suit, Lime Wire has been attempting to use discovery “to show that [labels’] claims of revenue losses are exaggerated.”

Techcrunch Using Facebook “Real Name” Commenting System

Techcrunch announced recently that it is the latest in a series of major sites to use a Facebook-based plugin for user comments on the site’s posts. Because the plugin requires a Facebook account to post, users’ comments will now be associated with their real names, and the comments will be added to their Facebook feed by default. Although Techcrunch says it is responding to “trolls and spammers,” PC Mag wonders if the lack of anonymity will have chilling effects on online debate. Additionally, on the Huffington Post Larry Magid points out that the move further isolates users who choose not to register for Facebook accounts.

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

Senate Debates Historic Patent Reform Act
By Lauren Henry – Edited by Jad Mills

S. 23: Patent Reform Act of 2011
Bill

The Senate is currently debating the Patent Reform Act of 2011, also known as the Invent America Act (“the Act”).  If passed, the Act would be the first major reform to the patent system in over fifty years. The Act is co-sponsored by Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., Sen. Orrin Hatch, R-Ut, and Sen. Chuck Grassley, R-Ia. It enjoyed bipartisan support in the Judiciary Committee, passing unanimously in early February of this year. According to The Washington Post, Leahy’s office listed major drug companies, IBM, the AFL-CIO, the Association of American Universities, Caterpillar and USPIRG as supporters of the Act.

The two major points of debate are: 1) the shift to a “first-to-file” regime from the existing “first-to-invent” regime, which would simplify patent priority disputes; and 2) altering the grace period to file after third-party disclosures to push inventors to patent inventions earlier. Another area to watch is the Act’s potential impact, or lack thereof, on the status of business method patents. (more…)

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

District Court Holds Unconstiutional Qui Tam Provisions of False Marking Statute
By Nathan Lovejoy – Edited by Chinh Vo

Unique Prod. Solutions, Ltd. v. Hy-Grade Valve, Inc., No. 5:10-CV-1912 (N.D. Ohio Feb. 23, 2011)
Slip opinion hosted by Inventive Step

The U.S. District Court for the Northern District of Ohio granted defendant Hy-Grade’s motion to dismiss on the grounds that the qui tam provision of the Patent Act’s False Marking statute, 35 U.S.C. § 292, is unconstitutional.

The district court held that the qui tam provision of 35 U.S.C. § 292(b) violated the Take Care Clause of the Constitution because it does not provide the Department of Justice with the adequate statutory controls under the “sufficient control” analysis of Morrison v. Olson, 487 U.S. 654 (1988). In so holding, the court relied on the Federal Circuit’s statement in Pequignot v. Solo Cup Co., 608 F.3d 1356 (Fed. Cir. 2010) that “the statute is a criminal one[,]” while simultaneously rejecting the Pequignot district court’s historically-grounded analysis of the qui tam provision. The court found instead that “[t]he False Marking statute essentially represents a wholesale delegation of criminal law enforcement power to private entities with no control exercised by the U.S. Department of Justice.”

Law360 provides an overview of the case. IPFrontline believes this decision suggests that “we may see some clarity regarding the constitutionality” of the False Marking statute from the Federal Circuit in the pending case FLFMC, LLC v. Wham-O, Inc., No. 2011-1067. (more…)

Posted On Mar - 6 - 2011 Comments Off READ FULL POST
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