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

Mississippi Attorney General’s investigation of Google temporarily halted by federal court

By Lan Du – Edited by Katherine Kwong

On March 2, 2015, Mississippi Attorney General Jim Hood’s investigation of Google was halted by a federal court granting Google’s motion for a temporary restraining order and preliminary injunction. U.S. District Judge Henry T. Wingate issued the opinion. Judge Wingate found a substantial likelihood that Hood’s investigation violated Google’s First Amendment rights by content regulation of speech and placing limits of public access to information.

Read More...

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

Federal Circuit Flash Digest

By Ken Winterbottom

J.P. Morgan Appeal Dismissed for Lack of Jurisdiction

Court Agrees with USPTO: Settlement Agreements Are Not Grounds for Dismissing Patent Validity Challenges

Attorney Misconduct-Based Fee-Shifting Request Revived in Light of Recent Supreme Court Decision

Read More...

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

Pass the Patented Peas, Please: EPO Upholds Plant Product Patents

By Amanda Liverzani – Edited by Paulius Jurcys

Everything’s coming up roses for plant patent holders, following the European Patent Office’s recent endorsement of patents for tomato and broccoli plants.  In a March 25, 2015 decision, the Enlarged Board of Appeal held that the European Patent Convention’s Article 53(b) prohibition on patents for production of plants by “essentially biological processes . . . does not have a negative effect on the allowability of a product claim directed to plants.”

Read More...

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

Stephen Hawking™: Famed Physicist Seeks Trademark Protection For His Name

By Amanda Liverzani – Edited by Saukshmya Trichi

Stephen Hawking is posed to leverage his physics fame as a brand name. The renowned theoretical physicist has filed an application to register his name as a trademark with the U.K. Intellectual Property Office. The trademark, if approved, will give Hawking greater control over how his name is used in connection with certain goods and services including charitable endeavors, scientific research, and medical devices.

Read More...

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

Flash Digest: News in Brief

By Jeanne Jeong

European Regulators and Watchdogs Increase Investigation of “Technology Giants”

Snapchat Published Transparency Report Revealing Government Data Sharing

New Senate Cyberbill Measure to Protect Americans from Cybercrime

Read More...

By Sharona Hakimi

Senators Urge FCC to Carefully Examine Exclusive Cell Phone Deals

On June 16, Ars Technica reported that senators wrote a letter to the FCC voicing concern over exclusivity agreements between service providers and phone manufacturers. The four senators who signed the letter – Senators John Kerry (D-MA), Roger Wicker (R-MS), Byron Dorgan (D-ND), and Amy Klobuchar (D-MN) – expressed particular concern as to whether the deals restrict consumer choice regarding handsets and geographic regions. They also noted that the agreements may disadvantage competing smaller carriers and discourage new innovation. According to the letter, the “Senate Committee on Commerce, Science and Transportation will convene a hearing this week to examine issues confronting wireless consumers” and decide if legislative action is necessary. Although the iPhone’s exclusivity agreements have garnered the most attention, the letter considers all cell phone carriers.

Microsoft Files Suit After Finding Evidence of Click Fraud

On June 16, the New York Times reported that Microsoft sued three individuals and several corporations for $750,000 in damages for click fraud – manipulating clicks on online advertisements. After noticing suspicious spikes in traffic from auto insurance and World of Warcraft web advertisements, Microsoft began an investigation that eventually uncovered an alleged click fraud manipulation scheme. Microsoft’s complaint alleges that the defendant directed traffic to his competitors’ Web sites so they would pay for the clicks and exhaust their advertising budgets. Jeremy Fain, a vice president of Interactive Advertising Bureau, said that although there is much precedent for mail and wire fraud, there is little regarding internet fraud. He went on to say that this case may “create more of a legal precedent, and more of a legal library of cases to draw from in the future.”

EU Seizure of Indian Drugs Hinders Medicine Dispersal

According to a recent report by Intellectual Property Watch, an increase in European seizures of Indian medicines believed to infringe intellectual property rights has triggered concerns that there is a strategic pattern in enforcement. On June 16, Spicy IP reported that India has recently protested to the TRIPS Council, expressing strong disapproval of EU’s controversial regulations and demanding more transparency of the various seizures. In May, German officials held about 3 million pounds of Amoxicillin on suspicion of a trademark infringement, delaying shipment to the Pacific by 4 weeks. “These random seizures seriously impact our ability to service the healthcare needs of people living in developing countries in a timely manner,” according to a drug supplier spokesperson. The EU claims that it is merely trying to reduce the “fast growing and dangerous” problem of counterfeits in developing countries.

Posted On Jun - 20 - 2009 Comments Off READ FULL POST

Fame Helps Sales Director Survive Bon Jovi’s Motion to Dismiss

By Jad Mills – Edited by Caitlyn Ross
AFL Philadelphia LLCl v. Krause, June 4, 2009, No. 09-614.
Slip Opinion hosted by Exclusive Rights.

On June 4, 2009, Judge Baylson of the Eastern District of Pennsylvania denied Philadelphia Soul’s motion to dismiss defendant Joe Krause’s counterclaims for trademark infringement and misappropriation of name in AFL Philadelphia LLC v. Krause. The judge allowed both counterclaims to go forward because Krause had sufficiently alleged that his name had acquired the necessary “secondary meaning” for trademark protection under the Lanham Act.

Ex©lusive Rights and Shannon Duffy provide summaries of the case, paying particular attention to Judge Baylson’s inclusion of Bon Jovi song references in the opinion. An earlier post by Ex©lusive Rights summarizes the ongoing Pennsylvania State Court litigation between the same parties.  (more…)

Posted On Jun - 14 - 2009 Comments Off READ FULL POST

Federal Circuit Finds No Federal Jurisdiction Over Patent Claim

By Debbie Rosenbaum – Edited by Caitlyn Ross 
Larson v. Correct Craft, June 5, 2009 No. 2008-1208
Opinion hosted by The United States Court of Appeals for the Federal Circuit

On June 5, the Federal Circuit vacated the judgment of the district court in Larson v. Correct Craft and remanded with instructions to transfer the case back to state court based on lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1338(a).  The court held that because plaintiff Larson assigned his rights to the invention at issue, he did not have standing to sue to correct inventorship under 35 U.S.C. § 256.  The appeal came from the United States District Court for the Middle District of Florida, which granted summary judgment in favor of defendants Correct Craft, Inc., William Snook, and Robert Todd.

IP Watchdog provides an overview of the Federal Court’s decision and PATracer gives an overview of the district court’s ruling. (more…)

Posted On Jun - 14 - 2009 Comments Off READ FULL POST

By Tyler Lacey

Federal Prosecutors Launch New Attack Against Online Gamblers in the United States

On June 9, the New York Times reported that federal prosecutors asked four American banks to freeze accounts containing money believed to be used for distributing winnings to online poker players. Wells Fargo, one of the contacted banks, received a court order requiring that the funds be frozen. Professor I. Nelson Rose of Whittier Law School described the move as “surprising” and as a “gamble” by the prosecutors. Professor Rose also said that it is unclear what laws apply to the seizure of individuals’ money.

Canadian Government Decides Not to Regulate Internet Video and Audio Broadcasts

Canadian radio and television broadcasters are required by the Canadian Radio-television and Telecommunications Commission (CRTC) to broadcast a minimum amount of Canadian content. On June 9, Ars Technica reported that the CRTC issued a report saying that although internet audio and video do count as “broadcasting” for the purposes of their regulatory schemes, they will retain a regulatory exemption from providing Canadian content. The CRTC’s decision, while currently supported by major providers of online audio and video such as Google, leaves open the possibility that the CRTC will impose future regulations.

Electronic Frontier Foundation Urges Court to Hold Email Protected Under the Fourth Amendment

On June 10, the Electronic Frontier Foundation (EFF) filed an amicus brief in the Sixth Circuit’s ongoing case Warshak v. United States. The brief argues that the Justice Department violated Warshak’s Fourth Amendment expectation of privacy in his email. The EFF reports that “the government acquired over 27,000 emails spanning over six months from Warshak’s email provider, all without probable cause.” The basis of EFF’s position is that email should receive the same protection against unlawful search and seizure as is given to phone calls, postal mail, and private papers kept at home.

Court Abused Discretion by Failing to Apply eBay Factors

On June 9, Patently-O reported that the Federal Circuit remanded a patent dispute case back to the district court because it failed to consider the eBay factors in its refusal to grant a permanent injunction to the patent holder. In the eBay case, the Supreme Court required a patentee seeking injunctive relief to “demonstrate (1) that it has suffered an irreparable injury; (2) that remedies available at law are inadequate to compensate for that injury; (3) that considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction.”

Posted On Jun - 13 - 2009 Comments Off READ FULL POST

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
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
Photo By: Robert Scoble - CC BY 2.0

Mississippi Attorney

[caption id="attachment_3907" align="alignleft" width="150"] Photo By: Robert Scoble - CC ...

Unknown

Federal Circuit Flas

By Ken Winterbottom J.P. Morgan Appeal Dismissed for Lack of Jurisdiction In ...

Photo By: darkuncle - CC BY 2.0

Pass the Patented Pe

  [caption id="attachment_3359" align="alignleft" width="150"] Photo By: darkuncle - CC BY ...

th

Stephen Hawking™:

By Amanda Liverzani – Edited by Saukshmya Trichi Application Stephen Hawking is ...

Unknown

Flash Digest: News i

By Jeanne Jeong European Regulators and Watchdogs Increase Investigation of “Technology ...