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...
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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

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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.

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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.

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Garmin International, Inc. et al. v. Cuozzo Speed Technologies LLC

By James Grace – Edited by Kathleen McGuinness
Garmin Int’l, Inc. et al. v. Cuozzo Speed Techs. LLC, IPR2012-00001 (P.T.A.B. 2013)

Slip Opinion hosted by PatentlyO

Photo By: Kenny LouieCC BY 2.0

The Patent Trial and Appeal Board (“PTAB”), in its first inter partes review under 35 U.S.C. 311, held in favor of the petitioner, a GPS technology developer, Garmin. Garmin Int’l, Inc. et al. v. Cuozzo Speed Techs. LLC, IPR2012-00001 (P.T.A.B. 2013) at 49 (“Decision”). PTAB cancelled three claims of Cuozzo Speed Technologies LLC’s (“Cuozzo’s”) U.S. Patent No. 6,778,074 (“the ’074 patent”), “Speed limit indicator and method for displaying speed and the relevant speed limit,” finding them invalid on grounds of obviousness under 35 U.S.C. 103. Id. PTAB also denied Cuozzo’s Motion to Amend the ’074 patent to substitute the three impugned claims. Id.

PatentlyO provides an overview of the case and speculates how PTAB’s decision may threaten Cuozzo’s ongoing infringement action against Garmin and Chrysler in the District Court of New Jersey. Complaint, Cuozzo Speed Techs. LLC v. Garmin Int’l, Inc. et al., No. 2:12-cv-03623 (D.N.J. June 15, 2012). (more…)

Posted On Nov - 19 - 2013 Comments Off READ FULL POST

By Jennifer Garnett – Edited by Abhilasha Nautiyal

Photo By: Robert ScobleCC BY 2.0

Earlier this month, Mike Hearn of Google’s Security Department posted online that Google has successfully encrypted the data traffic between its servers. This undoes the National Security Agency’s (“NSA”) work in creating the surveillance program “MUSCULAR,” which taps into the connections between Google and Yahoo’s private data centers.

On October 30, the Washington Post released another wave of information attributed to Edward Snowden that described how the NSA had “broken into” the communication links between Google and Yahoo’s private data centers under a program codenamed MUSCULAR. The NSA is reported to operate this program jointly with its British counterpart, the Government Communications Headquarters. The tapping of these communication fibers gives the NSA access to millions of users’ data, including both metadata and content, regardless of whether or not they were suspected terrorists or criminals.

RT quotes Google’s chief legal officer, David Drummond as being “outraged” over the program, explaining that they have “long been concerned” about this kind of activity, and have been slowly extending encryption across Google’s myriad of services in an attempt to protect its users. Drummond’s statement was made in response to the Washington Post report of October 30 and continues, “[w]e are outraged at the lengths to which the government seems to have gone to intercept data form our private fiber networks, and it underscores the need for urgent reform.”

According to Ars Technica, Google has had a full-encryption initiative for over a year, but accelerated the initiative in June after Snowden leaked the news of the NSA and FBI’s joint “PRISM” program. Under this program, the NSA could gain front-door access to users’ data by demanding data related to certain keywords or search terms. This program was previously covered by the Digest. (more…)

Posted On Nov - 18 - 2013 1 Comment READ FULL POST

J.W. Spear & Sons v. Zynga Inc.
By Michelle Goldring – Edited by Jennifer Wong

J.W. Spear & Sons v. Zynga Inc., [2013] EWHC 3348 (Ch)
Opinion

Photo By: Brian BurgerCC BY 2.0

The England and Wales High Court of Justice, Chancery Division held that infringement of Scrabble’s trademarked name did not occur when Zynga titled its games “Scramble” and “Scramble with Friends.” J.W. Spear & Sons v. Zynga, Inc., [2013] EWHC 3348 (Ch) at 147. It also held that the word “Scramble” was used to refer to games of that type and therefore did not infringe on Mattel’s trademark of that word. Id. at 158–59. However, the court also expressed concern that the “Scramble” logo created a likelihood of confusion because of its design. Id. at 142.

The court relied largely on Mattel’s previous actions to prove that the company itself did not seem to acknowledge confusion or infringement in a timely fashion to defeat Mattel’s trademark infringement claims. Id. at 46. Beyond its official holding, the court also noted that Zynga’s “Scramble” logo could potentially be misleading to consumers. Id. at 145. In the “Scramble” logo, the “m” is placed on its side such that it resembles the Scrabble name,. Id. at 142.

BBC News and PC Mag provide brief descriptions of the case and the reactions of the parties.  World IP Review gives a fuller description of the judge’s reasoning. (more…)

Posted On Nov - 13 - 2013 Comments Off READ FULL POST

Written By: Charles Colman
Acting Assistant Professor at NYU School of Law

Edited By: Elise Young

“For this most inadequate proof [of consumer recognition], applicant asks us to give it the exclusive right to use red and blue bands on men’s white, ribbed socks — that we cannot do.”

In re Izod, Ltd., 296 F.2d 771, 778 (C.C.P.A. 1961)

 

Summary

 

On September 30, 2013, the Trademark Trial and Appeal Board[1] issued a troubling decision in In re Bottega Veneta Int’l S.a.r.l.[2] Viewed in a broader context, the decision reflects the Board’s growing reluctance to apply the doctrine of “aesthetic functionality”[3] in ex parte prosecution proceedings to bar the issuance of potentially anticompetitive trade-dress[4] registrations. The TTAB gives its imprimatur to the dubious “trade dress” at issue in Bottega Veneta through procedural moves whose novelty and import could easily go unacknowledged — specifically, (1) the Board’s declaration of its intention to resolve “doubts” as to aesthetic functionality in favor of applicants, and (2) the Board’s disposal of concerns about product-design monopolization through reliance on supposedly limiting conditions agreed to by the applicant, but which the federal courts will not observe or enforce. As such, In re Bottega Veneta — despite its technical status as a mere “non-precedential” decision by an agency whose determination can theoretically be revisited by the federal courts — will improperly hinder marketplace competition and restrict creative freedom among designers. (more…)

Posted On Nov - 12 - 2013 Comments Off READ FULL POST

By James Grace

Hershey_Cross_SectionHershey’s Opposes Mars’ Attempt to Register a Snickers’ Cross-Section as a Design Mark

The Trademark Blog reported that Hershey’s has filed a Notice of Opposition with the U.S. Patent and Trademark Office concerning Mars’ application to register a design mark for “a cross-section of a candy bar showing layers within the candy, namely, a middle light brown layer containing several tan colored peanut shapes and a bottom tan layer, all surrounded by a brown layer.” U.S. Trademark Application Serial No. 85441471 (filed Oct. 6, 2011). As one of four grounds of opposition, Hershey’s alleges that the design mark is functional, since the configuration of ingredients is the result of a commonly used  “layering” process for manufacturing candy bars that is efficient and cost effective. Notice of Opposition, ¶¶ 13-17, 23-29.

Medtronic v. Boston Scientific – Oral Argument

On November 5, 2013, the Supreme Court of the United States heard oral argument in the case of Medtronic v. Boston Scientific, No. 12-1128 (U.S. Nov. 5, 2013). Medtronic, a medical device manufacturer, licensed patents from Boston Scientific and subsequently sought declaratory judgment that it did not infringe Boston Scientific’s patents and was therefore not obligated to pay royalties. In a typical patent infringement suit, the patent holder bears the burden of proving infringement, and this burden does not shift in a declaratory judgment action.  However, the United States Court of Appeals for the Federal Court recently held that where a licensee is seeking a declaration of non-infringement, the licensee should bear the burden of proving non-infringement because the patentee is not in a position to counterclaim for infringement. Medtronic v. Boston Scientific, 695 F.3d 1266 (Fed. Cir. 2012), slip op. at 12. Medtronic appealed to the Supreme Court. PatentlyO and SCOTUSblog provide a summary of the issues raised in oral argument before the Court.

Proposed Tweak to Law Would Pull Shield From Generic-Drug Makers

On November 8, 2013, the Food and Drug Administration (“FDA”) issued a press release outlining a proposed rule aimed at speeding up the dissemination of safety information concerning generic drugs. Under the current rules, generic drug manufactures must wait for approval by the FDA and the corresponding brand name manufacturer before updating product labeling to reflect new safety information.  The proposed rule would provide generic manufacturers with the same ability as brand name manufactures to update product labeling based on newly acquired safety information prior to review by the FDA. The Wall Street Journal discusses how the proposed rules relate to the recent of case of Mutual Pharmaceutical Co. , Inc. v. Bartlett , No. 12–142 (U.S. 2013), in which the Supreme Court overturned a $21 million judgment to a woman for injuries allegedly caused by a generic drug.

Posted On Nov - 10 - 2013 Comments Off READ FULL POST
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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 ...

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Federal Circuit Appl

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

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Unlocking Cell Phone

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