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Nintendo Wins Summary Judgment Based on Doctrine of Prosecution History Estoppel

By Yaping Zhang – Edited by Stacy Ruegilin

On July 17, 2015, the Northern District Court of California granted a summary judgment motion in Nintendo’s favor in a patent suit, construing disputed term in accordance with Nintendo’s interpretation and finding that the patent had not been infringed. The court based its decision on prosecution history estoppel, highlighting differences between the processes of obtaining and enforcing a patent.

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District Court Holds that Internet-Based Television Provider, FilmOn X is Entitled to a Compulsory License

By Anne Woodworth – Edited by Henry Thomas

The U.S. District court for the Central District of California ruled that an online streaming service that rebroadcasted network television fit the definition of a cable company, and was entitled to compulsory licensing under § 111 of the Copyright Act.  The order relied on the Supreme Court’s Aereo decision, which held that internet streaming was fundamentally the same as cable. The ruling conflicts with a Second Circuit case decided on similar facts, and is immediately appealable.

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Data Breach Victims, Rejoice: Seventh Circuit Finds that Threat of Injury is Sufficient for Article III Standing in Data Breach Class Actions

By Brittany Doyle – Edited by Ariane Moss

Last Monday, the Seventh Circuit Courto of Appeals ruled that victims of a data breach had standing to pursue a class action even when they had not suffered direct financial harm as a result of the breach or when they had already been compensated for financial harm resulting from the breach. The opinion reversed a contrary district court decision, which the Seventh Circuit said had incorrectly read the Supreme Court’s 2013 decision in Clapper v. Amnesty International USA.

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How Far Can Law Enforcement Go When Gathering Email Evidence? Former Gov. Scott Walker Employee Files Petition for Writ of Certiorari

By Kasey Wang – Edited by Ariane Moss

Kelly Rindfleisch is serving a six-month sentence for misconduct in public office while working for then-County Executive Scott Walker. Rindfleisch appeals to the U.S. Supreme Court, claiming that the government violated her Fourth Amendment rights while searching her emails for evidence for a different case.

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Russia’s “Right To Be Forgotten” and China’s Right To Be Protected: New Privacy and Security Legislation

By Brittany Doyle – Edited by Ken Winterbottom

The legislatures in Russia and China took steps this month to tighten regulations over Internet companies with access to user data. In Russia, President Vladmir Putin signed a law ensuring a “right to be forgotten” reminiscent of the European Court of Justice’s right to be forgotten ruling of May 2014. And in China, the National People’s Congress released a draft cybersecurity bill that would formalize and strengthen the State’s long-standing regulation of websites and network operators.

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By Chinh Vo

Google, Verizon Offer Proposal for Regulating Internet, Face Criticism

CNET reports that Google and Verizon have announced a joint proposal for regulating Internet service that offers a legislative framework for net neutrality. The proposal states that Internet service providers should not be allowed to discriminate against lawful online content producers and gives the FCC authority to deal with violators. The proposal, however, contains exceptions for Internet access over mobile networks and new services distinguishable from traditional broadband access, such as advanced health care, education, or entertainment. The New York Times describes criticism from net neutrality proponents who claim that these exceptions would create a loophole companies could exploit to avoid complying with open-access requirements. Other major Internet and telecommunications companies — including Ebay, Amazon.com, and AT&T — expressed concerns about the proposal and stressed the need to review its provisions more carefully.

Concert Organizer Files Trademark Suit Ahead of Festival Date to Preempt Bootlegging

The Hollywood Reporter, Esq. blog reports that concert-organizer AEG Live has filed suit against hundreds of John and Jane Does for infringement of trademarks related to the Mile High Music Festival in Denver. Though the festival will not take place until this weekend, the complaint claims that AEG has the sole right to sell products bearing the festival’s trademark and asks a federal court to allow local, state and federal police officers to seize bootlegged merchandise. AEG’s action is the second this summer to use the John Doe trademark lawsuit to employ law enforcement to control bootlegging, following a similar suit by a merchandising company before a series of Lady Gaga concerts in New York.

Oracle Files Patent and Copyright Suit Against Google for Use of Java in Android

VentureBeat reports that Oracle has sued Google for patent and copyright infringement over its use of the Java programming language in its Android operating system. Oracle, which took ownership of Java after acquiring Sun Microsystems, stated in a press release that “Google knowingly, directly, and repeatedly infringed Oracle’s Java-related intellectual property.” According to the complaint, Google had knowledge of the patents at issue after the company hired former Sun Java engineers a few years ago. As Ars Technica explains, Google “makes heavy use of Java in the Android software development kit,” but has also released a subsequent development kit that allows developers to use C and C++ to build Android components.

Posted On Aug - 14 - 2010 Comments Off READ FULL POST

By Ian B. Brooks

Pennsylvania Takes on Teen Sexting

On August 2 The Philadelphia Inquirer reported on Pennsylvania’s proposed bill addressing “sexting” by minors. Sexting is the sending of nude photos between electronic devices, primarily cell phones. Currently, child pornography laws, intended for adults, provide the only ammunition for prosecuting these acts in Pennsylvania. With penalties including felony charges and sex offender registration, some believe the existing laws are too harsh. To strike a balance between dealing with sexting concerns and properly disciplining children, Pennsylvania legislators are considering a bill that provides for a range of penalties. Proponents believe the law will protect children; critics say the proposed law is misguided and violates constitutionally protected rights.

Three Countries Threaten to Shut Down Blackberry Network Over National Security Concerns

The BBC reports that the Saudi Arabian and United Arab Emirate governments have each planned to block some of Research in Motion’s (“RIM”) Blackberry messaging services. The governments are concerned that the encryption of the messaging services presents a national security threat. Currently they are unable to monitor the communications from those devices; they believe that terrorists can therefore use the network to avoid detection. Some believe the statements are a tactic to convince RIM to provide the governments with access to user data. Reuters reports that talks between RIM and some governments regarding access are underway. iGeneration reports on a similar threat from India, and discusses the balance between preventing of terrorist threats and protecting privacy.

Delhi Traffic Police Use Facebook to Catch Traffic Law Violators

The New York Times reports that Facebook has become a tool for finding traffic law violators in India. With the help of informants who post photos on its Facebook page, the Delhi Traffic Police has issued tickets to drivers pictured breaking the law. Because they have such limited resources, the Delhi Traffic Police find the Facebook site to be helpful in catching violators. Critics are concerned that citizens providing information to law enforcement through social media is a step onto a slippery slope. However, the Delhi Traffic Police have received a positive response — the site has even resulted in tickets being issued to police officers.

Posted On Aug - 9 - 2010 Comments Off READ FULL POST

Informing a Patient of a Method’s Effect is Insufficient to Render the Method Patentable
By Harry Zhou – Edited by Chinh Vo

King Pharms., Inc. v. Eon Labs, Inc., No. 2009-1437, -1438 (Fed. Cir. Aug. 2, 2010)
Slip Opinion

On August 2, 2010, the Federal Circuit affirmed the United States District Court for the Eastern District of New York’s entry of summary judgment invalidating two patent claims held by King Pharmaceuticals, Inc. (“King”). In addition, the court vacated summary judgment against a third-party defendant for lack of subject matter jurisdiction.

King’s challenged patent claims pertained to the beneficial increase in bioavailability of a drug when the drug was ingested with food. Such claims were supported by two sources of novelty: the previously undiscovered result of increased bioavailability, and an “informing” limitation consisting of either instructing a patient to ingest metaxalone with food or applying printed labels bearing such instructions to packaging. In invalidating all of King’s claims in question, the Federal Circuit held that both alleged sources of novelty had been inherently anticipated by prior arts.

Patently-O provides an overview of the decision. Inventive Step provides a detailed summary of the court’s rationale in finding that the “informing” limitation was insufficient to impart patentability into an inherently anticipated claim. (more…)

Posted On Aug - 9 - 2010 Comments Off READ FULL POST

By Sharona Hakimi

Gates Denounces WikiLeaks disclosure of sensitive documents from Afghanistan

On July 29, Wired and the New York Times reported that Defense Secretary Robert Gates and Joint Chiefs of Staff Chairman Admiral Mike Mullen publicly condemned WikiLeaks for publishing 75,000 secret documents relating the Afghanistan War.  During a Pentagon press briefing, Mullen said that the activists who run WikiLeaks “might already have on their hands the blood of some young soldier” or an Afghan partner whose identity was exposed. Though the documents did not seem to have strategic value, Gates stated that because of the “massive breach,” “[t]actics, techniques and procedures will become known to our adversaries.” Julian Assange, the founder of WikiLeaks, has defended his website as providing a truthful portrait of the situation in Afghanistan, and said the organization held back thousands of documents for security reasons. The FBI is currently assisting in an internal departmental investigation to determine the source of the leak.

Google StreetView not liable in UK for WiFi snooping

Ars Technica reported that the British Information Commissioner’s Office (ICO) has found that information captured from WiFi networks by the Google StreetView cars was not “significant” as it did not include “meaningful personal details.” The ICO issued a statement that, although Google was wrong to collect the information, the data could not be linked to an “identifiable person” and thereby cause harm. The ICO and other international agencies are still investigating Google StreetView to see if Google has broken any data privacy laws.

The DOJ sues Oracle for fraudulent software sales

CNET reported that the US Department of Justice has filed a lawsuit against Oracle contending that the company defrauded the government by offering software discounts that were “far inferior” to those provided to its commercial clients. Oracle and the federal General Services Administrations engaged in a software deal from 1998 to 2006 that resulted in hundreds of millions of dollars in sales. Under the contract, Oracle was to offer any improved commercial discounts to the government agencies. The DOJ brought the suit under the False Claims Act in the U.S. District Court for the District of Eastern Virginia.

Posted On Aug - 5 - 2010 Comments Off READ FULL POST

Fifth Circuit Limits DMCA by Distinguishing Circumvention to Access Software and Circumvention to Violate Copyright
By Ian B. Brooks – Edited by Helen He

MGE UPS Systems, Inc. v. GE Consumer and Indus. Inc., No. 08-10521 (5th Cir. July 20, 2010)
Slip Opinion

The Fifth Circuit affirmed the ruling of the District Court for the Northern District of Texas, which dismissed MGE UPS Systems Inc.’s (“MGE”) Digital Millennium Copyright Act (“DMCA”) claim against Power Maintenance International, Inc. (“PMI”) and General Electric Company (“GE”) pursuant to Fed. R. Civ. P 50(a).

The Fifth Circuit held that the DMCA’s provisions apply to protections designed to prevent infringement of copyrighted material and not protection from mere access to that material.  Thus, the circumvention of a protection measure that fails to shield the copyrighted material from being read and copied is not a violation of the DMCA.  The court further noted that once a protection measure has been circumvented, the DMCA no longer applies to the use of that work.

Barry Sookman provides an overview of the case and an analysis of the court’s ruling.  Info/Law has a critical discussion of the DMCA in light of this case’s holding. (more…)

Posted On Aug - 2 - 2010 1 Comment READ FULL POST
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