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

Apple Ordered to Pay $533M for Patent Infringement

By Paulius Jurcys – Edited by Saukshmya Trichi

In 2013, Smartflash filed a claim in Southern District of Texas claiming that Apple willfully infringed three of its patents related to digital copyright management, payment method as well as data storage. On February 24, 2015, in Smartflash LLC v. Apple Inc., the federal jury in state of Texas ordered Apple to pay $532.9 million for infringing a patent owned by Texas-based Smartflash Inc.

Read More...

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

A Computer Programmer for Megaupload Pleads Guilty to Copyright Infringement Charges

By Yaping Zhang – Edited by Jenny Choi

On February 13, 2015, the Department of Justice (“DOJ”) announced that Andrus Nomm, a computer programmer for Megaupload.com, pleaded guilty and was sentenced to a year and a day in federal prison for copyright infringement. Kim Dotcom, a founder of the Megaupload website and a key target of this criminal prosecution and two consecutive civil lawsuits, reacted strongly to the news and sought political recourse with regard to his behaviors.

Read More...

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

Flash Digest: News in Brief

By Anne Woodworth

Report Claims Facebook Privacy Policy in Violation of EU Law

FCC Preempts State Laws Limiting City-Provided Internet Service

Aereo Files Repayment Plan Following Bankruptcy Auction

Read More...

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

Federal Circuit Flash Digest: News in Brief  

By Amanda Liverzani

PTO’s Statutory Interpretation on Patent Term Adjustment Upheld

Federal Circuit Affirms Garmin Fitness Watches Do Not Infringe on Pacing Patents

Online Shopping Cart Patents Deemed Invalid in Infringement Action Against Victoria’s Secret and Avon

Read More...

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

Alleged mastermind behind the undercover trading platform Silk Road convicted in Manhattan court

By Jens Frankenreiter – Edited by Katherine Kwong

On February 4, a federal jury in Manhattan rendered its verdict in the trial against Ross Ulbricht, the person allegedly in charge of the online black market platform Silk Road. The jury found Ulbricht guilty on all charges. The case is important as it represents an attempt by the government to regain control over an area of the internet where tools such as bitcoin and Tor are used to create an online space beyond the reach of the authorities.

Read More...

Indiana Supreme Court Considers Website Design Ownership

By Jad Mills – Edited by Ezra Pinsky
Conwell v. Gray Loon Outdoor Marketing Group Inc., May 19, 2009, No. 82S04-0806-CV-00309.
Slip Opinion

On May 19, 2009, the Indiana Supreme Court affirmed the Vanderburgh Superior Court and Indiana Court of Appeals decisions ordering Piece of America (POA) to pay Gray Loon Outdoor Marketing hosting fees and website redesign charges and denying POA’s conversion claim for the loss of its original website. Writing for the majority, Chief Justice Shepard held that POA contracted for the redesign, and although Gray Loon’s project design proposal specifically and unambiguously represented that POA “owned the work product,” this did not vest ownership in POA. The proposal gave POA only a non-exclusive license because it was not properly signed and carried insufficient weight and certainty to transfer the copyright.

Ex©lusive Rights and Eric Goldman each provide an overview of the case. Juliet Moringiello summarizes the case, but also criticizes the court for restricting the analysis to copyright law simply because the asset in question is intangible, when they should focus instead on whether the asset “can be exclusively controlled.”
(more…)

Posted On Jun - 9 - 2009 Comments Off READ FULL POST

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
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
smartflash

Apple Ordered to Pay

By Paulius Jurcys – Edited by Saukshmya Trichi Slip opinion Jury verdict ...

tech-042112-002-617x416

A Computer Programme

By Yaping Zhang – Edited by Jenny Choi On February 13, ...

Unknown

Flash Digest: News i

By Anne Woodworth Report Claims Facebook Privacy Policy in Violation of ...

Unknown

Federal Circuit Flas

By Amanda Liverzani PTO’s Statutory Interpretation on Patent Term Adjustment Upheld  In ...

Unknown

Alleged mastermind b

By Jens Frankenreiter – Edited by Katherine Kwong   U.S. v. ...