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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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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

Court Orders District Court to Reconsider Preliminary Injunction on “Catcher in the Rye” Sequel
By Katy Yang – Edited by Kassity Liu

Salinger v. Colting, No. 09-2878-cv (2d Cir. April 30, 2010)
Slip Opinion

The United States Court of Appeals for the Second Circuit vacated and remanded the judgment of the United States District Court for the Southern District of New York, which had granted Salinger’s motion for a preliminary injunction for copyright infringement and unfair competition.

The Second Circuit unanimously held that the Circuit standard for granting preliminary injunctions in copyright cases, applied by the District Court, was inconsistent with the four-factor test “historically employed by courts of equity,” set out in eBay, Inc. v. MercExchange, L.L.C., 547 U.S. 388, 390 (2006), which now replaces the original standard. Although eBay was about a permanent injunction for patent infringement, the Second Circuit also held that it “applies with equal force (a) to preliminary injunctions (b) that are issued for alleged copyright infringement.” In so holding, the court explained that eBay strongly suggests that its scope presumptively extends to injunctions in any context. The court also affirmed the district court’s conclusion that Salinger is likely to prevail on the merits due to substantial similarity between the two works and the likely failure of Colting’s fair use defense. Finally, because the Circuit’s original standard for granting preliminary injunctions in copyright cases has been changed to the eBay standard, the court found it unnecessary to reach the constitutional issue of whether the Circuit’s original standard is an unconstitutional prior restraint on speech.

Bloomberg Businessweek provides an overview of the case and features a thorough analysis of the decision. The Am Law Daily and the New York Times summarize some of the legal issues in the decision. Stanford Law School’s Center for Internet and Society submitted an amicus brief arguing that courts should consider more factors before granting injunctions, which can be found here. (more…)

Posted On May - 2 - 2010 Comments Off READ FULL POST
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Insuring Patents

By Yaping Zhang Edited by Jennifer Chung and Ariel Simms Despite its ...

Senate Judiciary Committee

Defend Trade Secrets

By Suyoung Jang – Edited by Mila Owen S.1890 - Defend ...

Flash Digest

Federal Circuit Flas

By Evan Tallmadge – Edited by Olga Slobodyanyuk The Linked Inheritability ...

Illinois Flag

Amicus Brief by EFF

By Yaping Zhang – Edited by Mila Owen On April 6, ...

Fed. Cir. Flash Digest

Flash Digest: News i

By Gia Velasquez – Edited by Ken Winterbottom Federal Court Grants ...