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.pngBy: Chris Crawford and Joshua Vittor This article assumes a base level of knowledge about Bitcoin, bitcoin (BTC), blockchain technology, the Silk Road seizure, and the collapse of MtGox. For a helpful summary of how this technology works, see the first portion of this article, written by Matthew Ly of the Journal of Law and Technology. Bitcoin, and crypto-currency more generally, has risen in the five years since its launch from an academic exercise to what is today a multi-billion dollar ... Read More...
http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.pngWritten by: Michelle Sohn Edited by: Olga Slobodyanyuk Emulsion: A mixture of two or more liquids that are normally immiscible (nonmixable or unblendable). -Wikipedia  I.               UberX D.C. as Case Study in the Local Sharing Economy If states are laboratories of democracy, then cities are the experiments. A new experiment has bubbled up in cities across the world, reaching a boiling point. The experiment? The local sharing economy. In May, amidst accusations that many of its users were violating New York’s ... Read More...
http://jolt.law.harvard.edu/digest/wp-content/uploads/2012/12/joltimg.png

Flash Digest: News in Brief

By Olga Slobodyanyuk

ICANN responds to terrorism victims by claiming domain names are not property

D.C. District Court rules that FOIA requests apply to officials’ personal email accounts

Class-action lawsuit brought against ExamSoft  in Illinois

Read More...

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

Federal Circuit Applies Alice to Deny Subject Matter Eligibility of Digital Imaging Patent

By Amanda Liverzani – Edited by Mengyi Wang

In Digitech Image Technologies, the Federal Circuit embraced the opportunity to apply the Supreme Court’s recent decision in Alice to resolve a question of subject matter eligibility under 35 U.S.C. §101. The Federal Circuit affirmed summary judgment on appeal, invalidating Digitech’s patent claims because they were directed to intangible information and abstract ideas.

Read More...

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

Unlocking Cell Phones Made Legal through Unlocking Consumer Choice and Wireless Competition Act

By Kellen Wittkop – Edited by Insue Kim

Unlocking Consumer Choice and Wireless Competition Act allows consumers to unlock their cell phones when changing service providers, but the underlying issue of “circumvention” may have broader implications for other consumer devices and industries that increasingly rely on software.

Read More...

European Court of First Instance rejects Microsoft challenge to European Commission decision

Edited by Johnathan Jenkins

Judgment T-201/04
Full opinion
European Court of First Instance summary and press release

On September 17, the European Court of First Instance rejected Microsoft’s challenge to the European Commission’s 2004 determination that Microsoft “abused a dominant market position” by:

  1. refusing to supply competitors with proprietary “interoperability information” necessary to develop products that would compete with Microsoft workgroup server products, and
  2. bundling Windows Media Player with Windows operating systems, without an unbundling option, between 1999 and 2004.

In its 2004 determination, the Commission imposed a fine of nearly €500 million, which the Court left unchanged. Microsoft may appeal the decision to the European Court of Justice within 60 days.

The court sided with Microsoft on one procedural issue, holding that the Commission exceeded its authority in requiring Microsoft to appoint a monitoring trustee with powers independent of the Commission at the company’s own expense. Microsoft itself acknowledged, however, that the trustee issue was relatively unimportant.

BBC News summarizes the decision.
Microsoft issued a statement shortly after the decision was issued.
The EU Law Blog comments on the trustee issue.

Posted On Sep - 17 - 2007 Comments Off READ FULL POST

House Passes Major Patent Reform Bill

By David Lawson — Edited by Wen Bu

H.R. 1908
Full Text with Comments
CRS Bill Summary
Details of the Vote

On September 7, the U.S. House of Representatives passed H.R. 1908, a major patent reform bill, by a vote of 220-175. The bill is now on the Senate legislative calendar awaiting action.

The Washington Post identifies the players and summarizes the debate.
Peter Zura’s 271 Patent Blog focuses on the late amendments that proved necessary to the bill’s passage.
Patent Docs detail the arguments against the bill.

(more…)

Posted On Sep - 17 - 2007 Comments Off READ FULL POST

Stronger 1st Amendment Review of Expansions in Copyright Protection?

By Nick Bramble

On September 5, the 10th Circuit handed down its opinion in Golan v. Gonzales, No. 05-1259 (10th Cir. Sept. 4, 2007). The court held that the implementation of the Berne Convention on Copyrights (the Uruguay Round Agreements Act § 514) may violate the 1st Amendment by removing some materials–books, films, and songs, mostly–from the public domain and placing them under copyright protection. Generally, the court’s ruling would expand the scope of 1st Amendment review when Congress acts to change copyright law. The court reasoned that if Congress alters the “traditional contours of copyright protection,” then its actions should be subject to strict or intermediate scrutiny. See Slip Op. 05-1259 at 16. The 10th Circuit concluded that URAA § 514 did alter these “traditional contours” by deviating from the “bedrock principle of copyright law that works in the public domain remain in the public domain.” Id. at 16-17. It remanded to the district court to determine whether § 514 was a content-based or content-neutral restriction on speech and to apply the necessary 1st Amendment review.

From the free culture side of the copyright debate, Jack Balkin celebrates the ruling but cautions that its overreliance on Eldred v. Ashcroft‘s “traditional contours of copyright law” test might justify expansions of copyright law if it can be shown that new copyright laws “create differences only in degree rather than kind” and “are part of a gradual historical progression of increased copyright protection.” Larry Lessig weighs in on Golan’s relevance to his petition to the Supreme Court to grant review of Kahle v. Gonzales, a recent 9th Circuit ruling that looked less favorably on a similar constitutional challenge to copyright law. William Patry is far less enthusiastic, calling the ruling “the first vindication of an approach argued by Larry Lessig and colleagues that I had thought made no sense at all.”

Posted On Sep - 7 - 2007 Comments Off READ FULL POST

Federal Circuit Narrows Willful Infringement Standard, Clarifies Waiver Issue With Respect to Opinion Letters

By David Lawson

In Re Seagate Technology, LLC
Federal Circuit, Miscellaneous Docket No. 830, Aug. 20, 2007
Slip Opinion

On August 20, the Federal Circuit, en banc, changed its standard for evaluating the willfulness of patent infringement for the purpose of awarding enhanced damages under 35 U.S.C. § 284, making it much more difficult for patentees to demonstrate willful infringement.

The court also clarified the application of attorney-client privilege in proving willful infringement, an important issue because opinion letters are often the best defense against allegations of willful infringement.

Commentary:
Morrison & Foerster: In Re Seagate Technology, LLC: The Federal Circuit Abolishes the Duty of Care in Willfulness Cases
Intellectual Property Today, Michael Bonella: A Reasonable, Balanced Answer to In Re Seagate Tech.

(more…)

Posted On Aug - 26 - 2007 Comments Off READ FULL POST

Federal Circuit Further Circumscribes Doctrine of Equivalents

Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. (“SMC”)
Federal Circuit, No. 05-1492, July 5, 2007
Slip Opinion

On July 5, in the latest decision in a nearly-twenty-year saga which has cumulatively proven enormously important in defining the scope of the doctrine of equivalents, the Federal Circuit (Dyk, J.) held that an existing equivalent can be foreseeable at the time of a patentee’s amendment, even if it would have been impossible for an observer of ordinary skill in the art to foresee at the time of amendment that the equivalent would ultimately satisfy the tests for equivalence.

Commentary:
Dewey Ballantine: Federal Circuit Elucidates ‘Foreseeability’ Component of Equivalents Test
Sutherland Asbill & Brennan: Making the Unforeseeable, Foreseeable

(more…)

Posted On Jul - 22 - 2007 Comments Off READ FULL POST
  • RSS
  • Facebook
  • Twitter
  • GooglePlay

The Silk Road and Mt

By: Chris Crawford and Joshua Vittor This article assumes a base ...

Photo By: Tristan Ferne - CC BY 2.0

Emulsification: Uber

Written by: Michelle Sohn Edited by: Olga Slobodyanyuk Emulsion: A mixture of ...

Icon-news

Flash Digest: News i

By Olga Slobodyanyuk ICANN responds to terrorism victims by claiming domain ...

color_profiling1-309884_203x203

Federal Circuit Appl

By Amanda Liverzani – Edited by Mengyi Wang Digitech Image Technologies, ...

unlock_cell_phone

Unlocking Cell Phone

By Kellen Wittkop – Edited by Insue Kim On July 25, ...