A student-run resource for reliable reports on the latest law and technology news
http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Silk Road 2.0 Takedown Indicates Law Enforcement May Have Developed a Method to Trace Hidden Tor Websites

By Steven Wilfong — Edited by Travis West

The complaint filed against Blake Benthall, the alleged operator of Silk Road 2.0, indicates that the FBI identified a server that was used to host the popular drug market website, despite the fact that the website’s location was hidden by the Tor anonymity software.  Law enforcement may have developed a method of compromising Tor anonymity, a possibility that would prove useful in future operations, but that also raises concerns for legitimate users.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Federal Circuit Flash Digest: News in Brief

By Ken Winterbottom

Motion to Dismiss in Hulu Patent Infringement Suit Affirmed

“Virtual Classroom” Patent Infringement Case Remanded for Further Determination

Attorney Publicly Reprimanded for Circulating Email from Judge

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Spain Passes a “Google Tax,” Analysts Predict it Will be Short-Lived

By Michael Shammas — Edited by Yixuan Long

Spain recently amended its Intellectual Property Law and Code of Civil Procedure to levy fees on aggregators that collect snippets of other webpages. It is at least the third example of a European government fining search aggregators to support traditional print publishing industries, a practice often labeled a “Google tax” because of the disproportionate impact such laws have on the search giant. Some analysts are already predicting that Spain’s new law will fail.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Federal Circuit Tightens Patent Standing Requirement in Azure Networks

By Kathleen McGuinness – Edited by Sabreena Khalid

In Azure Networks, LLC v. CSR PLC, the Federal Circuit ruled that patent owners who had licensed “all substantial rights” to a third party could not be joined as plaintiffs in a suit on that patent. The court also reaffirmed the high bar to proving that a patentee has redefined a well-understood technical term.

Read More...

http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Flash Digest: News in Brief

By Viviana Ruiz

Russia’s Intellectual Property Court affirms denial of Ford’s trademark application

Contrary to its advertising efforts, Red Bull does not give you wings

Federal Court rules that food flavors are not trademarkable

Read More...

By Sarah Sorscher

Supreme Court to Consider Business Method Patents

Patently-O reports that the Supreme Court granted certiorari on Bilski v. Doll. The Court will address whether a patentable “process” must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing. The Court will also consider whether this “machine-or-transformation” test, which effectively forecloses meaningful patent protection to many business methods, runs counter to the intent of Congress in enacting 35 U.S.C. § 273 establishing special rules for “method[s] of doing or conducting business. JOLT Digest covers the earlier en banc decision by the Federal Circuit here, and Patently-O offers a detailed summary of the earlier decision here.

Review of NASA Security Regulations Denied

The Metropolitan News-Enterprise reports that on Thursday the Ninth Circuit declined to review en banc a privacy case involving employees at the Jet Propulsion Laboratory (JPL), a part of NASA. A three-judge panel of the appellate court had previously ruled that NASA’s mandatory background checks threatened workers’ constitutional right to privacy. The petition for rehearing generated a plethora of concurring and dissenting opinions, including an opinion by the appellate court concurring in the denial that referred to the background check as a “free-floating, wide-ranging inquiry with no standards, limits, or guarantee of non-disclosure to third parties.” Three opinions dissenting from the rehearing en banc are available here, here, and here. The JPL employees have also created a website voicing their opposition to the background checks.

Court Dismisses Eavesdropping Lawsuits

Wired reported on Wednesday’s decision by a judge for the Northern District of California to dismiss more than three dozen lawsuits aimed at telecommunication companies for assisting in a Bush administration eavesdropping program. The judge ruled that the companies were entitled to immunity based on legislation passed over the summer, which purports to immunize the telecommunications firms from liability. The Electronic Frontier Foundation plans to appeal the decision.

Posted On Jun - 6 - 2009 Comments Off READ FULL POST

D.C. Circuit Upholds FCC Ban on Exclusive Contracts in Multi-Dwelling Units

By Andrew Jacobs – Edited by Ezra Pinsky
Nat’l Cable & Telecomm. Association v. Fed. Commc’ns Comm’n, May 26, 2009, No. 08-1016
Slip opinion

On May 26, 2009, the Court of Appeals for the District of Columbia Circuit upheld the Federal Communications Commission’s (“FCC”) ban on future and existing exclusivity agreements between cable companies and the owners of apartment buildings and multi-unit developments (“MUDs”). Writing for a unanimous court, Judge Tatel held that the ban was both “well within the bounds” of the FCC’s statutory authority and in full accordance with the requirements of the Administrative Procedure Act (“APA”). The National Cable & Telecommunications Association (“NCTA”), a cable industry group, opposed the regulation.

Matthew Lasar summarizes the case while pointing out that this decision is “a victory for telcos like AT&T and Verizon.” However, he notes that many “MDU-like dwellings,” such as time share units and school dorms, are not subject to the ban. The Blog of Legal Times and Blawgletter also provide summaries of the case.

(more…)

Posted On Jun - 5 - 2009 Comments Off READ FULL POST

By Aaron Dulles – Edited by Stephanie Weiner
Epistar Corp. v. International Trade Commission, May 22 2009, No. 2007-1427 (slip opinion) (hosted by PatentlyO)

On May 22, the Federal Circuit affirmed in part, reversed in part, and remanded an ITC decision in Philips Lumileds Lighting Company (Lumileds)’s infringement action against Epistar and the United Epitaxy Company (UEC). The ITC had held that Epistar infringed Lumileds’s US Patent no. 5,008,718, concerning certain types of light-emitting diodes (LEDs), and issued a Limited Exclusion Order that broadly excluded the importation of the LEDs and LED arrays, regardless of manufacturer. The Federal Circuit reversed and refined the ITC’s summary determination that Epistar was estopped from challenging the validity of the patent, affirmed the patent construction, vacated the Limited Exclusion Order, and remanded the case.

Business Wire emphasized the Federal Circuit’s application of its recent holding in Kyocera Wireless Corp. v. International Trade Commission, 545 F.3d 1340 (Fed. Cir. 2008), while LEDinside and EETimes focused on the court’s analysis of two settlement agreements at issue. AGIPNEWS highlighted the fact that Lumileds has apparently expressed confidence in its ability to succeed in any future contests. PatentlyO indicated that the Court could have relied on the policy statement in Lear, Inc. v. Adkins, Inc., 395 U.S. 653 (1969) that there is a “strong federal policy favoring the full and free use of ideas in the public domain.” (more…)

Posted On Jun - 1 - 2009 Comments Off READ FULL POST

By Brian Kozlowski

Lawsuit Against Brooks Brothers for Falsely Marketing Ties Dismissed

The 271 Patent Blog reports that on May 14, a district court granted Brooks Brothers’ motion to dismiss an action for false marketing. Pro se plaintiff Raymond Stauffer sued Brooks Brothers under section 292 of the Patent Act, which allows damages of “not more than $500″ for each false claim that unpatented items are protected by patent. Under the Act, damages are split between the plaintiff and the government. In Brooks Brothers’ case, the unpatented items were bow ties whose patents expired in 1956.  The district court granted the motion to dismiss based on a lack of “actual or imminent, not conjectural or hypothetical,” injury to the public from Brooks Brothers’ marketing claims.

Red Hat-Led Group Appeals Swiss Government’s Award of No-Bid Microsoft Contract

On May 21, Red Hat announced that a group of 18 technology companies filed an appeal with the Swiss Federal Administration Court. The appeal protests the Swiss government’s award of a three-year contract to Microsoft without a bidding process. eWeek explains that the Swiss Federal Bureau for Building and Logistics may award contracts without a bidding process when there is no adequate alternative available. The Red Hat-led group protested the assertion that no alternatives existed, pointing to many competing open source companies, some already used by the Swiss government. PCWorld discusses the rising strength of alternatives to Microsoft software.

Massachusetts Court Holds that TOS Violations Don’t Establish Probable Cause

The Electronic Frontier Foundation reports that on May 21, the Massachusetts Supreme Court granted defendant Riccardo Calixte’s motion to quash a search warrant that allowed police to seize the Boston College student’s computers and other devices. The court found no probable cause for the warrant, noting that violating a website’s terms of service (“TOS”) is not “obtaining computer services by fraud.” LinuxJournal provides a triumphant, but one-sided account of the decision. The issue of TOS violations recently received widespread media coverage in the Lori Drew “cyber-bullying” case, where a jury found that TOS violations can support criminal charges under the Computer Fraud and Abuse Act.

Posted On May - 31 - 2009 Comments Off READ FULL POST

Federal Circuit Resolves Split Regarding Product-by-Process Claims

By Sharona Hakimi – Edited by Stephanie Weiner
Abbott Laboratories v. Sandoz, Inc., May 18, 2009, No. 07-1400, -1406
Opinion (hosted by Patently-O)

On May 18th the Court of Appeals for the Federal Circuit, sitting en banc, reconciled a long-standing conflict between two lines of cases determining the scope of product-by-process claims. The Federal Circuit affirmed the Atlantic Thermoplastics Co. v. Faytex Corp. rule that infringement of a product-by-process claim requires actually using those claimed process steps to make the product, and overruled the more inclusive Scripps Clinic & Research Foundation v. Genentech, Inc. rule, which defined product-by-process claims as limited solely by the end product.

Peter Zura of the 271 Patent Blog summarizes the opinion and provides excerpts that outline past relevant Supreme Court decisions. Kevin E. Noonan of Patent Docs provides an overview of the case and particularly emphasizes Judge Newman’s dissenting opinion. The Patent Prospector provides an in-depth summary and long excerpts from the decision. (more…)

Posted On May - 30 - 2009 Comments Off READ FULL POST
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
Photo By: archie4oz - CC BY 2.0

Silk Road 2.0 Takedo

  [caption id="attachment_4363" align="alignleft" width="150"] Photo By: archie4oz - CC BY ...

Unknown

Federal Circuit Flas

By Ken Winterbottom Motion to Dismiss in Hulu Patent Infringement Suit ...

GOOGLE_APTHDVR_1268416f

Spain Passes a “Go

By Michael Shammas — Edited by Yixuan Long Amendments to the ...

radio-wireless-tower-clip-art_resized

Federal Circuit Tigh

By Kathleen McGuinness – Edited by Sabreena Khalid Azure Networks, LLC ...

Unknown

Flash Digest: News i

By Viviana Ruiz Russia’s Intellectual Property Court affirms denial of Ford's ...