A student-run resource for reliable reports on the latest law and technology news
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USPTO’s post-Alice guidance on patenting claims involving abstract ideas.
By Max Kwon – Edited by Sarah O’Loughlin

In response to Alice Corp. v. CLS Bank, the USPTO issued a memorandum stating that it will now require that all claims involving abstract ideas for subject matter eligibility be analyzed under the framework outlined in  Mayo Collaborative Services. Although this approach adopts a single analysis, it remains to be seen whether the test will provide enough guidance to both patentees and courts for determining what qualifies as a patentable claim involving an abstract idea.

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Supreme Court: Police Officers Need a Warrant to Search an Arrestee’s Cell Phone
By Anton Ziajka – Edited by Sarah O’Loughlin

On June 25, 2014, the Supreme Court decided that police officers “must generally secure a warrant before conducting . . . a search of the information on a cell phone” seized from an individual who has been arrested. Slip op. at 10. Writing for a unanimous Court, Chief Justice Roberts found that an officer’s search of a cell phone “implicate[s] privacy concerns far beyond those implicated by the search of . . . physical items.” Id. at 17.

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Federal Circuit Flash Digest: News in Brief 

By Amanda Liverzani

Non-Infringement Decision on Hospital Bed Patents Reversed for Erroneous Claim Construction

Patents for Eyelash Growth Treatment Invalidated Based on Obviousness

Constitutionality of “First-Inventor-to-File” Regime Still Undecided

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Flash Digest: News in Brief

By Anne Woodworth

Federal Circuit finds No Standing in Case Challenging First-to-File Patent Regime

Argentina becomes the First Latin American Country to Block The Pirate Bay

Supreme Court Declines to Hear Google Appeal in Street View Case

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Federal Circuit Flash Digest: News in Brief 

By Max Kwon

Nonprofit advocacy group fails to show “injury in fact”

Court upholds duty to disclose mediator’s personal relationship with defendant

Claim dismissed as indefinite for resting on patent lacking specfic algorithm

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Microsoft Corp. v. Dep’t of Homeland Sec.
By Katherine Walecka – Edited by Kathleen McGuinness

Complaint, Microsoft Corp. v. Dep’t of Homeland Sec., No. 1:13-cv-01063-RWR (D.D.C. July 12, 2013)
Complaint hosted by PriorSmart.com

Microsoft filed a complaint against Customs and Border Protection (“CBP”) and the Department of Homeland Security (“DHS”), among others, alleging that CBP failed to implement a May 2012 International Trade Commission (“ITC”) exclusion order blocking the importation of Motorola cell phones and other mobile devices that were found to infringe Microsoft’s patent rights. Complaint, Microsoft Corp. v. Dep’t of Homeland Sec., No. 1:13-cv-01063-RWR at 2–3 (D.D.C. July 12, 2013).

Reuters provides a summary of the case. Bloomberg discusses the DHS’s possible motivations in the case. Wall St. Cheat Sheet has information about the business implications of the CBP’s policies. (more…)

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

By Michelle Sohn – Edited by Katie Mullen

Photo By: mkhmarketingCC BY 2.0

Last week, Twitter, traditionally a stalwart opponent of government surveillance requests, released to French prosecutors the identities of users who had tweeted anti-Semitic comments in violation of France’s hate speech laws. The social media giant’s capitulation follows a series of legal battles over the issue, including a $50 million lawsuit for failing to provide the information.

Boing Boing provides a brief overview of the controversy. The New York Times offers a more thorough analysis, noting that Twitter’s legal battles and its final acquiescence to the French government reveal the balancing act Silicon Valley companies must often perform in championing free speech while complying with various countries’ laws. Ars Technica summarizes the hate speech incident and legal arguments both sides made. (more…)

Posted On Jul - 21 - 2013 1 Comment READ FULL POST

United States v. Apple
By Elise Young – Edited by Gillian Kassner

United States v. Apple, No. 1:12-cv-2826 (DLC) (S.D.N.Y. July 10, 2013)
Slip Opinion hosted by justice.gov

On July 10, 2013, the Southern District of New York held that Apple conspired to raise e-book prices by playing a central role in “facilitating and executing [a] conspiracy” among five major book publishers to “eliminate retail price competition” in the e-book market. Apple, at 9. The court ruled that Apple was per se liable for violating Section 1 of the Sherman Act, finding “overwhelming evidence that the Publisher Defendants joined with each other in a horizontal price-fixing conspiracy” in which “Apple was a knowing and active member.” Id. at 113.

Ars Technica provides an overview of the facts behind the case. Forbes criticizes the decision, arguing that it is another example of the Department of Justice’s misuse of Antitrust law to the detriment of consumers. The Wall Street Journal features an analysis of the decision and the next steps. (more…)

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

Fresenius USA, Inc. v. Baxter International, Inc.
By Simon Heimowitz ­– Edited by Jennifer Wong

Fresenius USA, Inc. v. Baxter International, Inc., Nos. 2012- 1334, -1335 (Fed. Cir. July 2, 2013)
Slip Opinion

On July 2, the U.S. Court of Appeals for the Federal Circuit vacated and remanded with instructions to dismiss the judgment of the U.S. District Court for the Northern District of California, which had entered judgment against Fresenius in infringement proceedings brought by Baxter concerning a kidney hemodialysis machine. Fresenius USA, Inc. v. Baxter International, Inc., Nos. 2012- 1334, -1335, slip op. at 31 (Fed. Cir. July 2, 2013)

In a 2-1 opinion, the Federal Circuit held that a U.S. Patent and Trademark Office (“PTO”) reexamination decision, which had invalidated a number of the patent claims in question, had to be given effect in the infringement litigation, effectively leaving Baxter without a cause of action. Id.

Patently-O and PharmaPatents provide overviews of the court’s decision. (more…)

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

Photo By: PhotoAtelierCC BY 2.0

By Natalie Kim – Edited by Mary Grinman

On June 24, Samsung launched a mobile app for the Galaxy S III, S 4, and Note 2 that allowed users to download Jay-Z’s new album, “Magna Carta Holy Grail,” five days before the album was released to the rest of the world. As Pitchfork explains, Samsung “bought” one million copies of the album through a brand partnership with Jay-Z, paying five million dollars for the early distribution rights. Before users could obtain Jay-Z’s music, however, they were required to grant the app certain permissions that Appleinsider calls “unnecessarily invasive.” These permissions included the ability to modify or delete content stored on the phone, to access to the phone’s “precise GPS location,” and to read the phone’s status and identity.

The requirements were met with a substantial amount of backlash in social media outlets and elsewhere, most notably from rapper Killer Mike, who posted a screenshot of the app’s permission page along with the tweet, “I read this and……..‘Naw I’m cool.’”  Politico notes that Jay-Z reacted to the controversy with a frank “sux must do better.” ArsTechnica reports that privacy advocacy group Electronic Privacy Information Center filed a complaint asking the Federal Trade Commission to investigate potential FTC Act violations from Samsung with its overbroad data collection. Complaint, In the Matter of Samsung Electronics Co., Ltd. (F.T.C. July 12, 2013) Complaint hosted by Electronic Privacy Information Center, epic.org.

Ars Technica provides an overview of the controversy and critiques the app as “a play for user data and social media attention.” Jon Pareles of the New York Times notes the irony of the controversy, given Jay-Z’s previous “indigna[tion] about phone surveillance.” Pitchfork notes Jay-Z’s disappointment upon finding out that the one million “sales”  to Samsung will not count towards the Billboard 200 chart. Disregarding the privacy concerns, Joshua Steimle of Forbes discusses the app’s many other technical failures. (more…)

Posted On Jul - 16 - 2013 Comments Off READ FULL POST
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USPTO’s post-Alice

USPTO’s post-Alice guidance on patenting claims involving abstract ideas. By Max ...

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Supreme Court: Polic

Supreme Court: Police Officers Need a Warrant to Search an ...

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Federal Circuit Flas

By Amanda Liverzani Non-Infringement Decision on Hospital Bed Patents Reversed for ...

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Flash Digest: News i

By Anne Woodworth Federal Circuit finds No Standing in Case Challenging ...

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Federal Circuit Flas

By Max Kwon Nonprofit advocacy group fails to show "injury in ...