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Creating full-text searchable database of copyrighted works is “fair use”
By Yixuan Long- Edited by Sarah O’Loughlin

In a unanimous opinion delivered by Judge Parker, the Second Circuit held that under the fair use doctrine universities and research libraries are allowed to create full‐text searchable databases of copyrighted works and provide such works in formats accessible to those with disabilities. The court also decided that the evidence was insufficient to decide whether the plaintiffs had standing to bring a claim regarding storage of digital copies for preservation purposes.

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European Union Court of Justice Holds that Individuals Browsing Websites are not in Violation of Copyright Law
By Kellen Wittkop – Edited by Yixuan Long

The Court of Justice of the European Union (CJEU) agreed with the decision of the Supreme Court of the United Kingdom that webpage viewers do not need license to view copyrighted materials online. With this holding, the CJEU issued a crucial decision for European Union law, balancing the rights of copyright holders and the rights of individuals to browse authorized content without being liable for infringement.

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Georgia Supreme Court Takes Chan v. Ellis Appeal to Redefine First Amendment Right on the Internet
By Yixuan Long – Edited by Emma Winer

The Georgia Court of Appeals ordered the appeal in Ellis v. Chan be transferred to the Georgia Supreme Court. Chan, an interactive website owner, appealed the trial court’s permanent protective order, which commanded him to take down more than 2000 posts on his website, and forbade him from coming within 1000 yards of Ellis. The Court of Appeals decided that the case raised significant and novel constitutional issues regarding the First Amendment right and the internet.

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Federal Circuit Flash Digest: News in Brief

By Kellen Wittkop

Appeal of a contempt order for violation of patent injunction agreement dismissed for lack of jurisdiction

Federal Circuit affirms summary judgment of Apple’s noninfringement on GBT’s CDMA patents

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ITC’s review of an ALJ’s order was not procedurally sound
By Mengyi Wang – Edited by Sarah O’Loughlin

The United States Court of Appeals for the Federal Circuit unanimously vacated and remanded a decision of the International Trade Commission (“ITC”), finding that the ITC exceeded its authority in reviewing an administrative law judge’s (“ALJ”) order denying a motion for termination. In so holding, the Court rejected the ITC’s attempt to characterize the ALJ’s decision as an initial determination, which would be subject to review.

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Written By: Hyeongsu Park

Edited By: Kendra Albert

The recent boom in antibody products in the pharmaceutical and biotechnology industries created the needs for a clear standard for antibody patents. The market for therapeutic antibodies is projected to reach hundreds of billion dollars within the next several years, and, as such, a huge amount of money will be at stake in future patent infringement cases regarding therapeutic antibodies. However, currently there is an apparent tension between the USPTO guideline with which antibody patents are granted and the case law with which the validity of existing antibody patents is determined. The antibody “exception” of the USPTO written description guideline says that a claim for an isolated antibody binding to an antigen satisfies the written description requirement even when the specification only describes the antigen and does not have working or detailed prophetic examples of antibodies that bind to the antigen. United States Patent and Trademark Office, Revised Interim Written Description Guidelines Training Materials (1999) at 59–60 [hereinafter Training Materials]; United States Patent and Trademark Office, Written Description Training Materials, Revision 1 (March 25, 2008) at 45–46 [hereinafter Revised Training Materials]. In Centocor v. Abbott, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that a patentee cannot claim an antibody unless the specification describes it, even if he/she fully characterizes the antigen, and the court vacated a $1.67 billion jury verdict, the largest patent infringement award in U.S. history. (more…)

Posted On Mar - 13 - 2014 Comments Off READ FULL POST

By Mark Verstraete – Edited by Andrew Spore

Garcia v. Google, Inc.,  No. 12-57302 (9th Cir. Feb. 26, 2014)
Slip opinion

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On February 26, 2014, the Ninth Circuit reversed a district court decision denying Cindy Lee Garcia’s request for a preliminary injunction forcing YouTube to remove the anti-Islamic film “Innocence of Muslims.” Garcia, slip op. at 19. Writing for the majority, Chief Judge Alex Kozinski found that Garcia was entitled to a preliminary injunction because she had shown a likelihood of success on her copyright claim and that irreparable harm would likely result absent injunctive relief.

Techdirt offers a lengthy criticism of the ruling. Electronic Frontier Foundation worries that the opinion’s specious reasoning could set unfavorable copyright precedent. UCLA School of Law Professor Eugene Volokh, writing for the Washington Post, notes that the injunction applies only versions of the film containing Garcia’s performance. (more…)

Posted On Mar - 12 - 2014 Comments Off READ FULL POST

By Insue Kim – Edited by Elise Young

Elcommerce.com, Inc. v. SAP AG, No. 2011-1369 (Fed. Cir. Feb. 24, 2014)
Slip opinion

In re Barnes & Noble, Inc., No. 13-162 (Fed. Cir. Feb. 27, 2014)
Slip opinion

In re Apple Inc., No. 13-156 (Fed. Cir. Feb. 27, 2014)
Slip opinion

Federal CircuitThe United States Court of Appeals for the Federal Circuit upheld the transfer of venue of Elcommerce, Inc. v. SAP AG, from the Eastern District of Texas to the Eastern District of Pennsylvania. In response to Elcommerce’s claim that the declaratory counterclaims could not be transferred to the Pennsylvania court without voluntary or personal jurisdiction, the court emphasized that there is “‘no requirement under § 1404(a) that a transferee court have jurisdiction over the plaintiff . . . [as long as] the transferee court ha[s] jurisdiction over the defendants in the transferred complaint.’” Elcommerce.com, slip op. at 10 (quoting In re Genentech, 566 F.3d 1338, 1346 (Fed. Cir. 2009)). As plaintiff, Elcommerce was subject to the declaratory counterclaims filed by SAP in Texas, and “jurisdiction was preserved when the entire action was transferred to Pennsylvania . . . .” Id. at 9.

The case was one of many “patent troll” cases regularly filed in the District Court of the Eastern District of Texas. Because of the treatment plaintiffs receive in the Eastern District of Texas, many defendants attempt to transfer their cases to another district. This has made procedural decisions from the Federal Circuit increasingly significant. ArsTechnica discusses why the Eastern District of Texas is such a popular venue for patent trolls. (more…)

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

By Gizem Orbey – Edited by David Curtis

DSC_4000“Internet access feels like clean water and energy, but it is treated like a luxury, and the whole country is forced towards a giant buffet,” explained Susan Crawford, the John A. Reilly Visiting Professor in Intellectual Property at Harvard Law School, at a JOLT talk on March 4, 2014.

Professor Crawford, who is also a Co-Director of the Berkman Center and a former White House Special Assistant, spoke about the significance of Comcast’s recent bid to buy Time Warner Cable (“Time Warner”) for $45 billion. The proposed merger would consolidate a third of the nation’s cable marketplace into Comcast’s hands. Lawmakers, consumer advocates, and academics worry that the merger would create monopoly conditions, giving Comcast enormous bargaining power with edge providers and electronic, mobile and broadcast device companies. Comcast and Time Warner currently do not complete directly. Through the proposed merger, Comcast seeks access to New York City, Texas, and other markets currently dominated by Time Warner. (more…)

Posted On Mar - 11 - 2014 1 Comment READ FULL POST

By Zoe Bedell – Edited by Corey Omer

Commonwealth v. Shabazz Augustine, SJC-11482 (Sup. Jud. Ct. Suffolk Feb. 18, 2014).
Slip opinion hosted by Universal Hub

Photo By: Jeff RuaneCC BY 2.0

On February 18, 2014, the Massachusetts Supreme Judicial Court (“SJC”) agreed with a Superior Court ruling that the Commonwealth must seek a warrant in most cases before obtaining cell phone records that track an individual’s location. The SJC nevertheless vacated the lower court’s order granting the defendant’s motion to suppress the records and remanded the case for a hearing on whether the Commonwealth had met the higher ‘probable cause’ standard required for the issuance of a warrant. Slip op. at 1–2, 13.

In a 5-2 decision, the SJC held that the Commonwealth obtaining this tracking information — called historical cell site location information (“CSLI”) — from a cellular service provider constitutes a search within the meaning of art. 14 of the Massachusetts Declaration of Rights and therefore requires a search warrant supported by probable cause. The Commonwealth had previously obtained such information by applying for an order under 18 U.S.C. § 2703(d) of the Stored Communications Act (“SCA”), which requires only proof of reasonable suspicion. So, this case joins an earlier SJC decision, Commonwealth v. Rousseau, 465 Mass. 372 (2013), opinion hosted by Justia.com, in increasing privacy protections under the Massachusetts Constitution. Jacob Gershman of the Wall Street Journal summarizes the opinion. (more…)

Posted On Mar - 10 - 2014 Comments Off READ FULL POST
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Creating full-text s

Creating full-text searchable database of copyrighted works is “fair use” By ...

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European Union Court

European Union Court of Justice Holds that Individuals Browsing Websites ...

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Georgia Supreme Court Takes Chan v. Ellis Appeal to Redefine ...

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Federal Circuit Flas

By Kellen Wittkop Appeal of a contempt order for violation of ...

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ITC’s review of an

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