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Whack-a-troll Legislation

Written by Asher Lowenstein     —   Edited by Yaping Zhang

Patent assertion entities’ extensive litigation activities in different states enables to assess the efficacy of the proposed bills against legal strategies these trolls, such as MPHJ Technology, have engaged in. The legal battles confirm some of the concerns about the usefulness of proposed regulatory measures.

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3D Systems and Formlabs Settled Two-Year Patent Dispute

By Yixuan Long – Edited by Yaping Zhang

On December 1, 3D Systems and Formlabs settled their two-year legal dispute over the 520 Patent infringement. Terms of the settlement are undisclosed. The patent covered different parts of the stereolithographic three-dimensional printing process, which uses a laser to cure liquid plastic. 3D Systems was granted the ‘520 Patent in 1997. Formlabs views the settlement as enabling it to continue its expansion and keep developing new products.

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Privacy Concerns in the Sharing Economy: The Case of Uber 

By Sabreena Khalid – Edited by Insue Kim

Recent revelations about Uber’s disconcerting use of personal user information have exposed the numerous weaknesses in Uber’s Privacy Policy. The lack of regulation in the area, coupled with the sensitive nature of personal information gathered by Uber, makes the issue one requiring immediate attention of policy makers.

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San Francisco Court Considers Google’s Search and Ad Services Free Speech

By Jens Frankenreiter – Edited by Henry Thomas

A San Francisco court dismissed a lawsuit against Google, treating Google’s search and advertisement services as constitutionally protected free speech. The lawsuit alleged an antitrust violation based on unfavorable treatment of a website in Google’s search results, and on the withdrawal of third-party advertisement from the website. In throwing out the lawsuit, the court applied California’s “anti-SLAPP” law, which allows quick dismissal of lawsuits against acts protected as free speech.

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EU Unitary Patent System Challenge Unsustainable: Advocate General

By Saukshmya Trichi – Edited by Ashish Bakshi

The Advocate General of the Court of Justice of the European Union has rendered an opinion on Spain’s challenges to regulations implementing the European Unitary Patent System. The Advocate General opines that the challenges must be dismissed as the system is intended to provide genuine benefit in terms of uniformity and integration, and safeguard the principle of legal certainty, while the choice of languages reduces translation costs considerably.

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By Zoe Bedell – Edited by Gea Kang

Photo By: satanoidCC BY 2.0

On March 13, 2014, the San Antonio City Council pre-approved a long-term lease that would allow Google to begin construction to bring Google Fiber to the city. While Google has not yet chosen San Antonio as a destination for its fiber network, the city’s leaders hope that the lease will encourage Google to do so. Wired discusses the city’s move.

Google’s high-speed Internet service is currently available in Kansas City, Missouri, and Provo, Utah. Google has also announced plans to expand to Austin, Texas, and will be considering thirty-four additional cities in nine different metropolitan areas for further expansion. The company has established selection criteria that will speed up the review process and ensure that construction can proceed quickly. For instance, Google asks interested cities to provide details on existing infrastructure and to review local permitting processes. (more…)

Posted On Mar - 25 - 2014 Comments Off READ FULL POST

By Mark Verstraete — Edited by Sarah O’Loughlin

Greene v. MtGox Inc., No. 1:14-cv-1437 (N.D. Ill. Feb. 27, 2014)
Complaint hosted by Scribd

Joyce . MtGox Inc. (Mar. 14, 2014), No. cv-14-500253-00CP (Can. Ont. Sup. Ct. J.)
Complaint hosted by Ars Technica

Photo By: fdecomiteCC BY 2.0

Putative class action suits have been filed against Mt. Gox—the now defunct online bitcoin exchange—in both the United States and Canada. In Febrauary 2014, Mt. Gox halted withdrawals after being hit with a sustained distributed denial-of-service (DDoS) attack. Several days later, it filed for bankruptcy when 850,000 bitcoins were stolen.

The U.S. suit, Greene v. MtGox Inc., No. 1:14-cv-1437 (N.D. Ill. Feb. 27, 2014), proposes two classes of Plaintiffs:

(1) “Payment Class: All persons in the United States who paid a fee to Mt. Gox to buy, sell, or otherwise trade bitcoins.”

(2) “Frozen Currency Class: All persons in the United States who had bitcoins or Fiat Currency stored with Mt. Gox on February 7, 2014.”

Complaint, Greene, at 10. The two proposed classes allege several causes of action against Mt. Gox, including consumer fraud, negligence, and conversion. In their negligence claim against Mt. Gox, the plaintiffs allege that Mt. Gox breached its “duty to employ procedures to detect and prevent the improper access and misuse of Plaintiff’s and the Classes’ bitcoins,” and that this breach caused the “Plaintiff and the Payment Class [to] suffer economic injury and other damages.” Id. at 19.

Ars Technica provides commentary on the complaint. Reuters also discusses Mt. Gox’s decision to file for bankruptcy in the wake of this complaint. (more…)

Posted On Mar - 24 - 2014 Comments Off READ FULL POST

By Albert Chen – Edited by Sheri Pan

In re Application of the FBI for an Order Requiring the Prod. of Tangible Things, No. BR 14-01 (FISA Ct. Mar. 7, 2014)
Slip opinion

On March 7, 2014, the Foreign Intelligence Surveillance Court (“FISA Court”) denied the government’s request to amend a January 3, 2014 FISA order (“Primary Order”) to indefinitely extend the five-year limit on retaining metadata collected by the National Security Agency (“NSA”). Id. at 12.

The court reasoned that an indefinite retention period would violate privacy interests while failing to substantially improve national security. It rejected the government’s arguments that retention was necessary for it to meet its preservation obligations to plaintiffs in civil litigation suits involving the NSA.

Ars Technica provides an overview of the case. Emptywheel and Techdirt provide commentary.

(more…)

Posted On Mar - 19 - 2014 Comments Off READ FULL POST

By Mary Schnoor  – Edited by Mengyi Wang

Suprema, Inc. v. Int’l Trade Comm’n, No. 12-1170 (Fed. Cir. Dec. 13, 2013)
Slip Opinion

Photo By: John LeechCC BY 2.0

In October 2011, the International Trade Commission (“ITC”) issued an exclusion order blocking the importation of Suprema, Inc.’s (“Suprema”) fingerprint scanners after it determined that Suprema induced its customers’ direct infringement of various U.S. method patents. In December 2013, the United States Court of Appeals for the Federal Circuit vacated and remanded the ITC’s order, holding that the ITC’s authority to exclude extended only to “articles that … infringe a valid and enforceable United States patent at the time of importation,” and that the ITC’s restriction on importing Suprema’s scanners should thus be revised to reflect the limited scope of that authority. Suprema, slip op. at 4.

The ITC and Cross Match, Inc. (“Cross Match”), whose patents the ITC found infringed, have petitioned for a rehearing en banc of the Federal Circuit’s December 2013 ruling. Combined Petition for Panel Rehearing and Rehearing En Banc of Appellee International Trade Commission, Suprema, hosted by Patently-O; Intervenor’s Combined Petition For Rehearing and Rehearing En Banc, Suprema, hosted by Patently-O.

Patently-O provides an overview of the Federal Circuit’s ruling and the ITC’s petition for a rehearing en banc. Mondaq thoroughly reviews the decision, and the Baker Botts IP Report gives a summary and advice for patent practitioners litigating method patents in the ITC. (more…)

Posted On Mar - 18 - 2014 Comments Off READ FULL POST

By Gea Kang – Edited by Emma Winer

S.B. 2005, 108th Gen. Assemb., 2d. Sess. (Tenn. 2014) Bill
H.B. 1974, 108th Gen. Assemb., 2d. Sess. (Tenn. 2014) Bill

S.B. 2140, 108th Gen. Assemb., 2d. Sess. (Tenn. 2014) Bill
H.B. 2242, 108th Gen. Assemb. 2d. Sess. (Tenn. 2014) Bill

S.B. 2428, 108th Gen. Assemb., 2d. Sess. (Tenn. 2014) Bill
H.B. 2364, 108th Gen. Assemb., 2d. Sess. (Tenn. 2014) Bill

S.B. 2562, 108th Gen. Assemb., 2d. Sess. (Tenn. 2014) Bill
H.B. 2482, 108th Gen. Assemb. 2d. Sess. (Tenn. 2014) Bill

Photo By: AJ BatacCC BY 2.0

Four bills recently introduced in the Tennessee legislature are in the spotlight for their potential impact on the evolving broadband network landscape. The bills have bipartisan sponsorship and collectively aim to roll back restrictions on the ability of municipal governments to establish broadband networks of their own.

Two of the bills focus on specific localities. S.B. 2005 and H.B. 1974 would expand the municipal electric system’s provision of broadband service in Clarksville, Tennessee’s fifth largest city, while S.B. 2140 and H.B. 2242 would allow Trousdale County  to contract with a rural electric cooperative to provide broadband services.  The other two bills address statewide policy. S.B. 2428 and H.B. 2364 revise the definition of “telecommunications”  in Tenn. Code. Ann. § 65-25-202 to enable electric cooperatives that own dark fiber networks to reach customers who are not currently served by rural telephone cooperatives. S.B. 2428 at 1.  S.B. 2562 and H.B.2482 would facilitate the expansion of municipal utilities’ broadband services in connection with economic development, education, and health care projects. S.B. 2562 at 1. (more…)

Posted On Mar - 17 - 2014 Comments Off READ FULL POST
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Whack-a-troll Legisl

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Privacy Concerns in

By Sabreena Khalid – Edited by Insue Kim Following scandals earlier ...

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San Francisco Court

By Jens Frankenreiter – Edited by Henry Thomas S. Louis Martin ...

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EU Unitary Patent Sy

By Saukshmya Trichi – Edited by Ashish Bakshi Advocate General’s Opinion ...