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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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Symposium Introduction: Legal Issues in Computer and Internet Law and the Quagmire of Appropriate Legal Frameworks in the Modern Era

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 Hoort

Federal Circuit to Re-Consider TIVO Patent-Infringement Case

Bloomberg BusinessWeek reports that the U.S. Court of Appeals for the Federal Circuit will be taking a second look at a previous panel decision holding that Dish and EchoStar were violating TiVo’s digital-video recording patent.  The court will consider whether it was error not to give Dish a chance to prove that changes made to Dish software remedied the prior infringement upon TiVo’s patent on “time warp” technology, which allows users to record a TV program and later play it back.  TiVo is seeking a court order to halt Dish’s DVR service and to force the company to pay licensing fees.  TiVo is also seeking around $300 million in damages, in addition to the $100 million Dish paid after the original judgment.

Supreme Court Declines Appeal of FCC “Must-Carry” Rule

Yahoo reports that the Supreme Court has declined to hear an appeal of the case Cablevision v. FCC, in which Cablevision challenges an FCC “must-carry” rule.  “Must-carry” rules require cable television operators to carry local broadcast stations.  Cablevision’s appeal was in response to a New York federal appeals court decision holding that Cablevision must carry the signal of a home-shopping station.  The Supreme Court’s decision not to hear the appeal accords with previous recommendations of the Obama Administration to avoid challenges to the 18-year-old “must-carry” rule.

Microsoft Files Lawsuit against Salesforce.com

CNET reports that Microsoft has filed a federal lawsuit against Salesforce.com.  Microsoft claims that Salesforce.com has infringed on nine patents involving back-end and user interface features.  This is only the fourth patent-infringement lawsuit that Microsoft has ever brought against one of its competitors.  Previous Microsoft cases have been settled quickly, but the trajectory for this lawsuit is unclear.  Microsoft is seeking a jury trial, triple damages and injunctions.  Thus far, Salesforce.com has declined to comment.

Posted On May - 23 - 2010 Comments Off READ FULL POST

By Andrew Segna
Edited by Joey Seiler
Editorial Policy

In December, my JOLT Digest comment discussed the state of independent video game developers on the iPhone and the Xbox 360. This article discussed how a collective action problem plagued independent developers on these platforms. As the platform holders, Apple and Microsoft were able to foster environments that benefited their needs but often were potentially hazardous to independent developers. These hazards became realized when independent developers pursued short-term individual gains, which they are prone to doing due to their limited budgets that require turning quick profits. In order to avoid this problem, I suggested that a legal aid society should promote actions by independent developers that would benefit the class as a whole. The recent release of the iPad presents another manifestation of this problem. Through the case study of the iPad, I will discuss how this new technology presents potential for both success and failure for independent video game developers. However, this problem is not necessarily a legal one as much as it is a collective action issue. Lawyers should serve as mediators between independent developers to foster a unified strategy for the platform in order to ensure that independent developers succeed on both the iPad and in the industry. (more…)

Posted On May - 19 - 2010 Comments Off READ FULL POST

By Caity Ross
Edited by Abby Lauer
Editorial Policy

In 2004, Fiona Murray and Kyle Jensen published a prominent article in the journal Science. They reported that the USPTO had issued 4,270 human gene patents for 4,382 distinct human genes. Approximately one-fifth of known human genes were claimed in a U.S. patent.[1] Beyond human genes, there are approximately 20,000 patents covering a wide range of naturally occurring DNA sequences.[2] Gene patents include “[n]ine patents [that] have been applied for on the genes which determine your eyeball, 40 on those for your heart, and no fewer than 152 on a single grain of rice.”

However, scholars and practitioners often question the scope and validity of gene patents on the grounds that genes are so essential to basic research. They claim that it is unethical to grant a private monopoly on genes, which should not be patentable subject matter or controllable by individuals.[3] The USPTO has declined to rule on this issue, treating gene patenting as matter of statutory interpretation.[4] Therefore, attempts to end gene patents generally aim to overturn court precedent or to advocate new legislation.

A recent decision in the ACLU-supported case Association for Molecular Pathology, et al. v. U.S. Patent and Trademark Office, et al. will help determine the future of gene patents in the United States. On March 29, 2010, United States District Court Judge Robert W. Sweet granted a summary judgment motion that invalidated patents on two genes. If upheld, this decision essentially eliminates patents covering all naturally occurring genes. For a summation of the opinion, see the Digest’s coverage. (more…)

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

By Harry Zhou
Edited by Gary Pong
Editorial Policy

Libel litigation against bloggers has intensified in recent years as the blogosphere continues to experience rapid growth. The threats database of the Citizen Media Law Project (“CMLP”) shows that since 2000, there have been more than 310 lawsuits accusing blog and forum owners of defamation in U.S. courts. Often central to these disputes is the tension between the right to free speech and the need to restrict the rapid spread of defamatory materials on the Internet. The balance is particularly hard to strike when a plaintiff seeks a prior restraint, an extraordinary remedy that immediately enjoins the defendant’s speech at the onset of a lawsuit.

In December 2009, a New Jersey court issued such a prior restraint that compelled the complete shutdown of three blogs in Apex Tech. Group, Inc. v. Doe(s) 1-10. The order evoked keen debate among media law experts regarding the proper scope of prior restraints on Internet media such as blogs and forums. Kurt Opsahl, a senior attorney with the Electronic Frontier Foundation (“EFF”), criticized the prior restraint for being “dangerously overreaching” in an EFF blog post. Vivek Wadhwa, a senior research associate at Harvard Law School, voiced his support for the takedown on TechCrunch, claiming that the EFF was “a tad overzealous” in defending the websites involved. Taken together, the two articles serve as an appropriate starting point for determining how much of a blog can be properly censored by a prior restraint under a defamation claim. (more…)

Posted On May - 11 - 2010 4 Comments READ FULL POST

It’s once again that time of year: The Digest will be taking a short break from our regular coverage over the coming weeks as our Staff Writers take their spring examinations.

While we take our hiatus from regular coverage, we have the pleasure of re-introducing our Comments feature. Comments are longer opinion pieces on especially significant issues. These pieces are written entirely by members of our staff, on topics they believe warrant closer examination and study. From now until May 16th, we will publish one or two Comments every week. We have some especially interesting pieces this May and we hope you enjoy them!

We’ll be back the week of May 16th with our usual coverage.

We sincerely hope you’ve enjoyed our work this year!

- The Digest Staff

Posted On May - 4 - 2010 Comments Off READ FULL POST
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Newegg

Newegg Wins Patent T

By Kasey Wang – Edited by Yunnan Jiang and Travis ...

Photo By: Brian Hawkins - CC BY 2.0

The Evolution of Int

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The Global Corporate

By Kate Westmoreland Edited by Yunnan Jiang 1.     Introduction Accessing online records and ...

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Legal Issues in Comp

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Microsoft Mobile

A Victory for Compat

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