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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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Seventh Circuit Denies Moral Rights Protection to Chicago Garden
By Albert Wang – Edited by Matthew Gelfand

Kelley v. Chicago Park District, Nos. 08-3701 and 08-3712 (7th Cir. Feb. 15, 2011)
Slip Opinion

The Court of Appeals for the Seventh Circuit affirmed the Northern District of Illinois’ judgment in favor of the Chicago Park District on Chapman Kelley’s Visual Artists Rights Act (VARA) claim, while reversing the court’s judgment in favor of Kelley on his claim of implied contract.

The Seventh Circuit, while affirming on the VARA claim, rejected the district court’s finding that Kelley’s garden was unoriginal and that VARA categorically excluded site-specific art. The court held that the garden was ineligible for copyright not for want of originality, but of authorship and fixation.  As a work not subject to copyright, the garden was not covered by VARA’s grant of moral rights. In addition, the court attacked the district court’s finding that the garden constituted a painting and sculpture for VARA purposes. In reversing on the contract claim, the circuit court held that the commissioner lacked the power to bind the city through her representations.

IPLawChat provides an overview of the case. Clancco and ArtSlant discuss the decision’s ramifications for concept art at large. (more…)

Posted On Feb - 25 - 2011 4 Comments READ FULL POST

Following Bilski, court upholds validity of patents that meet a “meaningful limits” test
By Irina Oberman – Edited by Avis Bohlen

H&R Block Tax Services, Inc. v. Jackson Hewitt Tax Service, Inc., No. 608cv37 (E.D. Tex. Feb. 2, 2011)
Slip Opinion hosted by 271 Patent Blog

Magistrate Judge Love, sitting in the United States District Court for the Eastern District of Texas, reconsidered a previous Report and Recommendation in this case, which recommended invalidating two of the plaintiff’s three asserted patents (the ‘862 and ‘425 patents). Applying the machine-or-transformation test as well as a new “meaningful limits” test, Judge Love modified the recommendation and upheld the validity of the ‘862 patent because the claims applied a “meaningful limit” on the scope of the claims.

JOLT Digest previously reported on the revised recommendation271 Patent Blog offers an overview of the decision highlighting the discussion of the ‘862 patent. Additionally, FreePatentsOnline and Patent Storm provide a helpful overview of the ‘862 patent. (more…)

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

By A. Gavin Fishman

Marketing Executive Proposes Controversial “.gay” Top-Level Internet Domain

CNET reports that Scott Seitz, chief executive of dotGAY and founder of SPI Marketing, plans to apply to the Internet Corporation for Assigned Names and Numbers (ICANN) for approval of the proposed top-level Internet domain “.gay.” Seitz states that “.gay will be a venue for enhancing [the LGBT community’s] ability to interact with each other as a community.” Past efforts to register controversial top-level domains, such as the 2004 application for the rights to run .xxx, have stalled indefinitely in the application process. The Huffington Post reports that the largest obstacle to the application may be the U.S. Government, who “recently proposed that they have the power to veto domains that they believe to be objectionable.” CNET quotes Seitz as stating that this proposal is “problematic, and it’s discrimination on a terrible level. It’s not even appropriate for countries (to have the ability to veto) because of freedom of expression. Anything beyond (restricting speech that) incites violence is discrimination.”

Obama Administration Issues First Annual Report on Intellectual Property Enforcement

This month, the U.S. Intellectual Property Enforcement Coordinator (“IPEC”) released the 2010 Annual Report on Intellectual Property Enforcement. The report states that “[c]ombating online infringement, protecting health and safety and preventing theft of trade secrets for innovative technology will continue to be a priority,” and that “[o]ne new area of focus for 2011 will be patent enforcement in China and determining what the U.S. Government can do to improve the situation in China for U.S. innovators.”  CNET characterizes the report as “read[ing] a lot like a report that could have been prepared by lobbyists for the recording or movie industry,” noting that it includes various statistics and “proposals to curb internet piracy and other forms of intellectual property infringement.” On the White House Blog, Victoria Espinel, the first person to hold the office of the IPEC, highlights the report’s support of the Anti-Counterfeiting Trade Agreement, as well as the increased law enforcement actions which have taken place over the past year in the sphere of intellectual property.

MPAA sues Hotfile.com for its “staggering” P2P Copyright Infringement

Time, Ars Technica and CNET report that the Motion Picture Association of America (“MPAA”) has filed a complaint against the operators of the “cyberlocker” service Hotfile. CNET explains that “cyberlockers are an alternative to BitTorrent file-sharing services” where “[a] user logs on to a locker service and watches whatever films or TV shows are stored there.” In its press release, the MPAA claims that “Hotfile facilitates the theft of copyrighted motion picture and television properties on a staggering scale and profits handsomely from encouraging and providing the means for massive copyright infringement.” The Hollywood Reporter reports MPAA general counsel and chief content protection officer Daniel Mandil as stating: “The theft taking place on Hotfile is unmistakable. The files are indeed ‘hot’ as in ‘stolen.’ It’s wrong and it must stop.” Ars Technica notes that the Digital Millennium Copyright Act’s safe harbor provisions would ordinarily protect the operators of a site like Hotfile from liability for content uploaded by users, but that the MPAA claims that the site encourages infringement and therefore falls outside the safe harbor protections.

Posted On Feb - 19 - 2011 1 Comment READ FULL POST

The Harvard Journal of Law & Technology recently released its Fall 2010 issue, now available online.  Aaron Perzanowski, author of “Unbranding, Confusion, and Deception” has written an abstract of his article for the Digest, presented below.

- The Digest Staff

JOLT Print Preview: Unbranding, Confusion & Deception
Aaron Perzanowski

Unbranding is the practice of eliminating or selectively reducing the use of a brand in response to unfavorable consumer opinion. Faced with the reality of a deeply damaged brand, many firms seek a fresh start. Rather than take steps to repair their public image, they create a new one. Although unbranding threatens to confuse and mislead consumers about the source and characteristics of goods and services, the legal remedies available to consumers to address these harms are limited.

When a brand suffers from strong negative consumer perceptions, it transforms from a valuable asset to a major liability. Just as brands can function as repositories of consumer goodwill, reflecting favorable public sentiment, they can also represent badwill, negative associations in the minds of consumers. Given the expense of jettisoning an established brand and launching a new one, unbranding is generally a rational strategy only when an existing brand is deeply and widely unpopular, perhaps because the firm has produced dangerous products or engaged in illegal activities. Tellingly, BlackwaterPhilip Morris, and WorldComm have all employed unbranding strategies in recent years. (more…)

Posted On Feb - 18 - 2011 Comments Off READ FULL POST

Kwan v. Schlein
By Raquel Acosta – Edited by Jonathan Allred

Kwan v. Schlein, No. 09-5205-cv (2nd Cir. Jan. 25, 2011)
Opinion hosted by Scribd.com

The Court of Appeals for the Second Circuit affirmed the District Court for the Southern District of New York, which denied summary judgment on plaintiff’s claim for copyright infringement because it was time-barred, and granted defendants’ motion for summary judgment to dismiss the claims. [Editorial note: the Second Circuit opinion incorrectly records that the district court granted appellant’s motion for summary judgment]. The circuit court also affirmed the district court’s order to dismiss defendants’ counterclaims without prejudice.

The Second Circuit held that where there is a genuine dispute regarding plaintiff’s ownership of copyright and the statute of limitations has run, plaintiff cannot then claim copyright infringement. In so holding, the court noted that whereas an infringement action may be commenced within three years of any infringing act, an action based on an ownership claim must be commenced within three years of the point in time plaintiff became aware of the dispute in ownership. A disputed claim to ownership cannot be repackaged as an infringement claim – the statute of limitations runs on the underlying issue.

Property, intangible questions whether the case was properly decided. PlagiarismToday presents an overview of copyright infringement and the statute of limitations. (more…)

Posted On Feb - 17 - 2011 Comments Off READ FULL POST
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