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

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...

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

SDNY Magistrate Grants Government Search Warrant for Full Access to Suspect’s Gmail Account in Criminal Investigation

By Kellen Wittkop – Edited by Travis West

In an opinion that conflicts with decisions from the DC District Court and the District of Kansas, a SDNY magistrate granted the government’s search warrant for full access to a criminal investigation suspect’s Gmail account.

Read More...

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

Creating full-text searchable database of copyrighted works is “fair use”
By Yixuan Long- Edited by Sarah O’Loughlin

In a unanimous opinion delivered by Judge Parker, the Second Circuit held that under the fair use doctrine universities and research libraries are allowed to create full‐text searchable databases of copyrighted works and provide such works in formats accessible to those with disabilities. The court also decided that the evidence was insufficient to decide whether the plaintiffs had standing to bring a claim regarding storage of digital copies for preservation purposes.

Read More...

Interdigital Commc’ns, LLC v. Int’l Trade Comm’n
By James Grace – Edited by Ashish Bakshi

Interdigital Commc’ns, LLC v. Int’l Trade Comm’n, 707 F.3d 1295 (Fed. Cir. 2013), cert. denied, No. 12-1352 (U.S. Oct. 15, 2013)
Petition for a Writ of Certiorari
Denial of Petition

Photo By: EnoksonCC BY 2.0

The Supreme Court denied Nokia’s petition for a writ of certiorari, Denial of Petition for Writ of Certiorari, Interdigital Commc’ns, LLC v. Int’l Trade Comm’n, 707 F.3d 1295 (Fed. Cir. 2013), cert. denied, No. 12-1352 (U.S. Oct. 15, 2013), upholding the United States Court of Appeals for the Federal Circuit’s finding that Nokia had violated Section 337 of the Tariff Act of 1930, 19 U.S.C. §1337 (“Section 337”), by importing into the U.S. cell phones that violated two U.S. patents owned by InterDigital. Interdigital Commc’ns, LLC v. Int’l Trade Comm’n, 707 F.3d 1295 (Fed. Cir. 2013).

In denying the petition without comment, the Supreme Court did not address Nokia’s question concerning the International Trade Commission’s (“ITC”) jurisdiction over the case. The Federal Circuit held that “licensing alone” could satisfy the “domestic industry” requirement of Section 337. Petition for Writ of Certiorari at 12, Interdigital, 707 F.3d 1295, cert. denied, No. 12-1352. (“Petition”). Nokia had argued that InterDigital had failed to meet the “technical” prong of the domestic industry requirement because it merely licensed its patents and did not manufacture “articles protected by the patent.” Id. at 17-18.

Bloomberg.com provides an overview of the litigation and comments on the significance of the decision for Nokia, InterDigital and other technology companies. (more…)

Posted On Oct - 26 - 2013 Comments Off READ FULL POST

Columbia Pictures Indus., Inc. v. Fung
By Sam Callahan – Edited by Jennifer Wong

Columbia Pictures Indus., Inc. v. Fung, No. CV-06-05578SVW(JCx) (C.D. Cal. Filed Sept. 26, 2006)
Proposed Settlement (hosted by Wired)

Gary Fung, operator of the popular file-sharing website isoHunt.com, has agreed to pay $110 million in damages and will permanently shut down his site in order to settle a copyright infringement lawsuit brought by six major film studios. Stipulation and Proposed Settlement, Columbia Pictures Indus., Inc. v. Fung, No. 2:06-cv-05578SVW(JCx) (C.D. Cal Oct. 17, 2013). The settlement comes after more than seven years of litigation with the Motion Picture Association of America (“MPAA”), which represents the studios—Columbia Pictures, Twentieth Century Fox, and Disney among others.

Claiming more than 44 million users and indexing over 13 million active BitTorrent files, isoHunt was the fourth most popular website of its kind. Other file-sharing sites operated by Fung, including the popular TorrentBox.com, will also shut down as a result of the settlement.

Prior to the recent settlement, two federal courts had ruled against Fung in the lawsuit, first brought in 2006. The United States District Court for the Central District of California found Fung liable for copyright infringement in 2009, and the United States Court of Appeals for the Ninth Circuit affirmed the relevant parts of that holding in March. Columbia Pictures Indus., Inc. v. Fung, 710 F.3d 1020 (9th Cir. 2013).

The settlement was announced in an official statement from the MPAA. Wired and CNET also report on the recent settlement. A Washington Post blog comments favorably on the outcome, while Techdirt criticizes the settlement’s “bogus” damages value. Patently-O discusses the Ninth Circuit decision preceding the settlement. (more…)

Posted On Oct - 25 - 2013 1 Comment READ FULL POST

Intellect Wireless, Inc. v. HTC Corp.
By Mary Schnoor – Edited by Kathleen McGuinness

Intellect Wireless, Inc. v. HTC Corp., No. 12-1658 (Fed. Cir. October 9, 2013)
Slip opinion

On October 9th, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s judgment that two patents owned by Intellect Wireless, Inc. (“Intellect”) are unenforceable due to inequitable conduct. Intellect Wireless, Inc. v. HTC Corp., No. 12-1658, 1 (Fed. Cir. October 9, 2013). Intellect had claimed that HTC Corp., the Taiwanese smartphone maker, infringed patents covering technology allowing a wireless device to receive and display caller identification information. Id.

The Federal Circuit unanimously upheld the lower court’s decision, which found that Daniel Henderson, the founder of Intellect and inventor of the patents in question, intentionally submitted false statements as part of his Rule 131 declaration to the U.S. Patent and Trademark Office (“USPTO”) and that his actions satisfied the Therasense standard for inequitable conduct. Id. at 3. During the prosecution of the patents, Henderson made false statements to the USPTO, claiming that he had actually reduced his invention to practice and that he had demonstrated it at a meeting in 1993. Id. at 4. Although Henderson’s attorney attempted to cure this misconduct by submitting revised declarations, the court’s opinion emphasized that such efforts to cure misconduct will be unsuccessful unless they explicitly acknowledge the false declaration’s existence to the USPTO and clearly state what was false and what the actual facts are. Id. at 5-6.

IPFrontline explains the court’s ruling and the lessons it provides for patent attorneys seeking to correct false declarations.  PharmaPatents also reviews the ruling, and PatentlyO provides a brief summary. (more…)

Posted On Oct - 22 - 2013 Comments Off READ FULL POST

By Mengyi Wang

Protecting Dwindling Elephant Populations in Kenya: Google Earth, Drones, and Legislation

The lucrative ivory trade continues to fuel elephant poaching, spurring the alarming decline in Kenya’s elephant population. To halt the decline, conservationists working near Kenya’s Maasai Mara National Reserve have been tracking and redirecting elephants, Bloomberg reports. The conservationists have equipped 15 elephants with GPS devices to track their locations via Google Earth. When the elephants have strayed near poaching areas or human conflict, drones frighten them toward safe places using unpleasant sounds. Kenya has also proposed legislation penalizing the slaughter of elephants with fines of as much as 10 million Kenyan shillings ($117,000) and 15-year sentences.

California Governor Vetoes State Electronic Privacy Bill

Last Saturday, California Governor Jerry Brown vetoed Senate Bill 467 (“SB 467”), which would have required state law enforcement agencies to obtain a search warrant before accessing the contents of electronic communications and to notify a user within three days of receiving those contents. Brown, in his veto message, questioned the wisdom of imposing “new notice requirements that go beyond those required by federal law and could impede ongoing criminal investigations.” Electronic Frontier Foundation, a sponsor of the bill, disagrees. It argues that the 27-year-old federal Stored Communications Act, which allows police to access without a warrant the contents of electronic communications that have been stored on a server for more than 180 days, is “woefully outdated.” It also explains that SB 467 would have incorporated the delayed notice provisions in federal law in order to avoid hindering criminal investigations. The Hill and Electronic Frontier Foundation discuss the factual and legal background of the legislation in more detail.

SeaChange Prevails in ARRIS Patent Dispute

The United States Court of Appeals for the Federal Circuit unanimously affirmed a lower court’s rejection of ARRIS Group, Inc.’s (“ARRIS”) (formerly nCUBE Corporation) allegations that SeaChange International Inc. (“SeaChange”) was in contempt of a 2006 permanent injunction enjoining SeaChange from selling products that infringe ARRIS’s media server patent. nCUBE Corp.  v. Seachange Int’l Inc., No. 13-1066 (Fed. Cir. Oct. 10, 2013). The litigation dates back to 2001, when nCUBE Corporation, the owner of U.S. Patent No. 5,805,804 (“the ‘804 patent”), commenced a patent infringement suit against SeaChange for its Interactive Television (“ITV”). Id. at 2-3. Following an adverse jury verdict in 2002, SeaChange released a redesigned version of its ITV that it believed to be non-infringing. Id. at 3. In 2009, ARRIS filed a motion for contempt in a federal district court and alleged that the minor changes in SeaChange’s new ITV system did not bring it outside of the scope of the ’804 patent. Id. The Federal Circuit concluded that the lower court did not err in finding that ARRIS failed to show that SeaChange’s new ITV was “not more than colorably different” from the infringing ITV, TiVo Inc. v. EchoStar Corp., 646 F.3d 869, 882-83 (Fed. Cir. 2011) (en banc), and affirmed the denial of ARRIS’s motion. nCUBE, No. 13-1066 at 10. Multichannel and MarketWatch feature summaries of the litigation history and Seagate’s reaction to the decision.

Posted On Oct - 21 - 2013 Comments Off READ FULL POST

United States v. Moalin
By Anton Ziajka – Edited by Elise Young

United States v. Moalin, 10-CR-4246 (JM) (S.D. Cal. filed Oct. 22, 2010)
Defendants’ Joint Motion for a New Trial and Prosecution’s Response and Opposition hosted by Ars Technica

Photo By: jeffschulerCC BY 2.0

Basaaly Moalin, a Somali immigrant who earlier this year was convicted of conspiring to provide material support to the terrorist group al-Shabaab, filed a motion for a new trial last month. Moalin based his motion upon facts that surfaced during congressional hearings held in response to Edward Snowden’s release of information about the U.S. government’s electronic surveillance programs. Joint Motion for a New Trial at 1, Moalin (“Motion”). The government filed its response and opposition on September 30.

U-T San Diego reports on Moalin’s conviction and motion for a new trial. Slate and Ars Technica provide analysis of the case and its potential implications. The Washington Post reports on the FBI and NSA’s disclosures about the NSA’s surveillance of Moalin. JOLT Digest has previously reported on the surveillance leaks and related litigation. (more…)

Posted On Oct - 20 - 2013 Comments Off READ FULL POST
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
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, ...

gmailopenlock_zpsa33107c7

SDNY Magistrate Gran

By Kellen Wittkop – Edited by Travis West In the Matter ...

books

Creating full-text s

Creating full-text searchable database of copyrighted works is “fair use” By ...