A student-run resource for reliable reports on the latest law and technology news
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Observing Mauna Kea’s Conflict

Written by: Aaron Frumkin

Edited by: Anton Ziajka

Believing the machinery desecrates their sacred summit and the scarce natural resources it shelters, native Hawaiians have opposed telescope development on Mauna Kea. While it seems that their beleaguered resistance to telescope development will fail yet again with the proposed Thirty Meter Telescope (TMT), this Note attempts to articulate their best arguments in hopes of properly framing the social costs associated with the great scientific and technological gains that TMT will surely provide.

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Federal Circuit Flash Digest: News In Brief

By Cristina Carapezza

Rosen Wins TV Headrest Patent Suit

Federal Circuit Allows for Declaratory Judgment of Noninfringement for Disclaimed Patent

Federal Circuit Prohibits Third Party Challenges to Patent Application Revivals Under the APA

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Government Agents Indicted for Wire Fraud and Money Laundering in Silk Road Investigation

By Sheri Pan – Edited by Jens Frankenreiter

Two former Drug Enforcement Administration agents have been charged for wire fraud and money laundering in connection with an investigation of Silk Road, a digital black market that allowed people to anonymously buy drugs and other illicit goods using Bitcoin, a digital currency. The two agents were members of the Baltimore Silk Road Task Force and allegedly used their official capacities and resources to steal Bitcoins for their personal gain.

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Mississippi Attorney General’s investigation of Google temporarily halted by federal court

By Lan Du – Edited by Katherine Kwong

On March 2, 2015, Mississippi Attorney General Jim Hood’s investigation of Google was halted by a federal court granting Google’s motion for a temporary restraining order and preliminary injunction. U.S. District Judge Henry T. Wingate issued the opinion. Judge Wingate found a substantial likelihood that Hood’s investigation violated Google’s First Amendment rights by content regulation of speech and placing limits of public access to information.

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Federal Circuit Flash Digest

By Ken Winterbottom

J.P. Morgan Appeal Dismissed for Lack of Jurisdiction

Court Agrees with USPTO: Settlement Agreements Are Not Grounds for Dismissing Patent Validity Challenges

Attorney Misconduct-Based Fee-Shifting Request Revived in Light of Recent Supreme Court Decision

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By Cristina Carapezza

Federal Appeals Court Weighs NSA’s Surveillance Program

A three-judge panel on the U.S. Court of Appeals for the D.C. Circuit on Tuesday heard arguments over whether the National Security Agency’s surveillance of millions of Americans’ phone records violates the Constitution’s protection against unreasonable searches and seizures. The panel questioned whether the program, which is conducted under the Patriot Act, is an invasion of privacy if the NSA merely collects the data without using it. Arguing against the NSA program, attorney Larry Klayman argued that the program represents “possibly the biggest violation of freedom in constitutional history.”  Klayman won the first ruling last December when U.S. District Judge Richard Leon, ruled that the NSA’s surveillance program “almost certainly” violates the Constitution.

Argentine Supreme Court Rules on Liability of Internet Intermediaries

The Argentine Supreme Court in R.M.B. c/Google y ot. s/ Ds y Ps (Fallo R.522.XLIX) issued a ruling largely favorable to search engines on whether internet intermediaries, in this case Google and Yahoo, are liable for linking in search results to third-party content that violates fundamental rights or infringes on copyright. At the end of October, the Court established that intermediaries would only be liable for not removing third-party infringing content after being notified by a court of its illegality and the affected party. In this case, the plaintiff did not notify Google and Yahoo prior to the lawsuit. The Court also ruled that search engines are not required to proactively monitor search engines to permanently block links to infringing content.

3D Printed Plastic Guns Withstand New Ammunition Design

Michael Crumling, a 25-year old amateur gunsmith from Pennsylvania, developed a new type of ammunition designed specifically for a 3D printed plastic gun. Typically, the plastic cannot hold up after multiple shots of an exploding metal bullet. However, Crumling constructed a thicker steel shell to house the lead bullet inside. The shell acts as a buffer between the exploding round’s gunpowder and the plastic of the gun by absorbing much of the impact. The U.S. Bureau of Alcohol Tobacco and Firearms has stressed the unreliability and danger of 3-D printed weapons. Selling your own manufactured ammunition in the United States requires a Federal Firearms License. Crumling has no plans to sell the ammunition but is sharing his ammunition designs online.

Posted On Nov - 11 - 2014 Comments Off READ FULL POST

By Michelle Goldring – Edited by Paulius Jurcys

President & Fellows of Harvard v. Lee, No. 2013-1628 (Fed. Cir. October 29, 2014)

Slip Opinion

The United States Court of Appeals for the Federal Circuit affirmed the United States District Court for the Eastern District of Virginia, which had granted summary judgment to the Patent and Trademark Office. Slip op. at 2. On de novo review, the Court of Appeals upheld the district court’s finding that Harvard’s third patent on a gene sequence used to make research animals more susceptible to cancer had expired and was not eligible for new claims under 37 C.F.R. § 1.530(j). Id. at 4.

In affirming the grant of summary judgment, the United States Court of Appeals for the Federal Circuit applied the arbitrary and capricious standard in the Administrative Procedure Act to prior court’s determination that the second patent had expired. Id. at 5. Harvard had filed a terminal disclaimer with the second patent, which was intended to run with the patent and any related patents. Id. at 3. It “disclaimed any portion of the term ‘of any patent granted on the above-identified application or on any application which is entitled to the filing date of this application under 35 U.S.C. § 120.” Id. (citing J.A. 1271–72). However, Harvard then argued that the disclaimer was invalid because Harvard had never paid the related fee and the PTO had not properly entered it. Id. at 56. The court reasoned that the rational basis standard had been met, based on the evidence Harvard provided. Id. at 9.

PatentDocs.org provides a detailed overview of the decision and the underlying patents.  (more…)

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By Michelle Goldring – Edited by Jesse Goodwin

Letter from ACLU and EFF to Williamson Cnty. Sch. Dist. (Oct. 27, 2014) (letter hosted by EFF.org)

Williamson County Schools Technology Policy

The American Civil Liberties Union of Tennessee (“ACLU”) and Electronic Frontier Foundation (“EFF”) wrote a letter to the superintendent and board of Williamson County Schools (“WCS”) in response to its new technology policy, protesting certain provisions and asking the board to alter those terms. In the letter, the ACLU and EFF raise concerns about specific portions of the policy that would limit students’ right to freely use social media even when outside the school and which would permit students’ devices to be searched with very few restrictions. In particular, they argue that these portions of the policy offend students’ First and Fourth Amendment rights, respectively.

The Washington Post and The Tennessean provide overviews of the ACLU and EFF’s concerns.  Wired includes some additional factual background. EFF also released its own summary of the letter. (more…)

Posted On Nov - 10 - 2014 Comments Off READ FULL POST

By Michael Shammas

High-Profile Patent Attorney Edward Reines Publically Reprimanded by Federal Circuit for Sharing Email Including Former Chief Judge Randall Rader’s Effusive Praise

Following a high-profile scandal in which US Circuit Judge Randall Rader stepped down for an “ethical breach” in which he emailed effusive praise to an attorney who appeared frequently before his court, the Federal Circuit issued an order publically reprimanding the compliments’ recipient for disseminating Rader’s email to prospective clients. The email read, in part, “You were alone and IMPRESSIVE in every way. In both cases, you knew the record cold and handled every question with confidence and grace.” Reines told clients that such praise was “quite unusual,” which the Federal Circuit interpreted as implying an improper relationship with a Federal Circuit judge. Because of a spotless past, discipline was limited to the public reprimand.

Federal Circuit Affirms Court of International Trade’s Decision in a Loss for Victoria’s Secret, in Case Where the Level of “Coverage” and “Support” Offered by Intimate Apparel Proved Key

The Court of Appeals for the Federal Circuit (“CAFC”) affirmed the Court of International Trade’s decision holding that the proper classification for one line of the company’s cotton tops is under 6114.20.00 as “other garments.” CAFC reasoned that the intimate apparel has two purposes, “coverage and support,” and that it cannot be classified as a brassiere because it can be worn in public. Victoria’s Secret brought the litigation because it disagree with Customs and Border Protection’s decision to classify the cotton garments as “tank tops” with a 16.5 percent duty. CAFC’s affirmation of the Court of International Trade decision is a middle of the road approach.

Fee-Shifting Reversed in AntiCancer, Inc. v. Pfizer (Fed. Cir. 2014), as Contentious Legal Battle Expected to Continue

AntiCancer, Inc. owns patents for technology linked to gene expression imaging using a green fluorescent protein related to a gene promoter. The protein comes from Aequorea victoria, a species of green-glowing jellyfish, and the patented inventions are thought to be useful for, among other things, cancer treatment. The district court entered summary judgment of noninfringement on a procedural aspect, then imposed a fee-shifting sanction as a condition of permitting AntiCancer, Inc. to supplement the Preliminary Infringement Contentions and overcome summary judgment. On Oct. 20, the Federal Circuit vacated the condition and remanded the case, finding that there was no reasonable basis for the finding of bad faith required to sustain the fee-shifting sanction.

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By Yaping Zhang – Edited by Mengyi Wang

Medicine Co. v. Mylan, No. 1:11-cv-01285 (N.D. Ill. Oct. 27, 2014)

Prescription Medication Spilling From an Open Medicine BottleOn October 27, the U.S. District Court for Northern Illinois ruled that Mylan Pharmaceuticals Inc. (“Mylan”), one of the biggest generic firm, infringed Medicine Co.’s No. 7,582,727 Patent (“the ‘727 Patent”).. In so holding, the court rejected Mylan’s invalidity and inequitable conduct contentions concerning the ‘727 Patent. The court held that Mylan infringed the ‘727 Patent under the “hypothetical” inquiry of infringement since Mylan’s ANDA application has not yet approved, and the infringement act has not yet occurred.

An overview of the case can be found here. (more…)

Posted On Nov - 10 - 2014 Comments Off READ FULL POST
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Photo By: Jeff Ruane - CC BY 2.0

Observing Mauna Kea'

Written by: Aaron Frumkin Edited by: Anton Ziajka I.     Introduction Perched quietly atop ...

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Federal Circuit Flas

By Cristina Carapezza Rosen Wins TV Headrest Patent Suit The Federal Circuit ...

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Government Agents In

By Sheri Pan - Edited by Jens Frankenreiter United States v. ...

Photo By: Robert Scoble - CC BY 2.0

Mississippi Attorney

[caption id="attachment_3907" align="alignleft" width="150"] Photo By: Robert Scoble - CC ...

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Federal Circuit Flas

By Ken Winterbottom J.P. Morgan Appeal Dismissed for Lack of Jurisdiction In ...