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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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California Sex Offender Internet Identification Law Held Unenforceable

By Jesse Goodwin – Edited by Michael Shammas

The 9th Circuit Court of Appeals affirmed a district court ruling granting a preliminary injunction prohibiting of the Californians Against Sexual Exploitation (“CASE”) Act. In a unanimous ruling, a three-judge panel held that requiring sex offenders provide written notice of “any and all Internet identifiers” within 24 hours to the police likely imposed an unconstitutional burden on protected speech.

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By Corey Omer – Edited by Kim Meyer

Federal Communications Commission, Statement on Critical Information Needs Study (Feb. 28, 2014)
FCC Statement

Photo By: JasonParisCC BY 2.0

The Federal Communications Commission (“FCC”) has reversed course on a plan to ask media owners, news directors, and reporters invasive questions about editorial judgment and journalistic practices. A field study of the survey was scheduled to begin in South Carolina this spring, but on February 28, 2014, the agency issued a two-sentence statement laying the study to rest.

The Multi-Market Study of Critical Information Needs (“CIN Study”)—officially aimed at identifying “barriers that may prevent entrepreneurs and small business from competing in the media marketplace”—came under intense scrutiny from members of the news media and lawmakers after it was criticized by Republican FCC Commissioner Ajit Pai in a February 10, 2014 op-ed in The Wall Street Journal. Pai suggested that the impugned survey was an attempt by the agency to “thrust the federal government into newsrooms across the country,” “wade into office politics,” and “meddle[] in news coverage.”

Among others, the Wall Street Journal, AdWeek, and Fox News have all reported on the FCC’s recent decision to cancel the CIN Study. Fox News also suggested possible ties between the study and billionaire investor George Soros. (more…)

Posted On Mar - 1 - 2014 Comments Off READ FULL POST

By Mengyi Wang – Edited by Elise Young

Ring & Pinion Service Inc. v. ARB Corporation Ltd., No. 2013-1238 (Fed. Cir. Feb. 19, 2014)
Slip Opinion

Photo By: Tristan FerneCC BY 2.0

The United States Court of Appeals for the Federal Circuit reversed the United States District Court for the Western District of Washington’s grant of summary judgment, finding that Ring & Pinion Service Inc.’s (“R&P”) Ziplocker product did not infringe ARB Corporation Ltd.’s (“ARB”) U.S. Patent No. 5,591,098 (“the ’098 patent”). Ring & Pinion Service Inc., slip op. at 2.

In a unanimous opinion, the Federal Circuit agreed with the lower court that the foreseeability of a cylinder equivalent at the time the patent was filed did not limit the application of the doctrine of equivalents. The doctrine of equivalents accommodates future changes in technology, thus allowing for the continued relevance of a patent despite changes in language or concepts. At issue in this case was whether foreseeability at the time the patent was filed prevented the application of the doctrine of equivalents, and therefore might support a finding a non-infringement. In addition to finding that foreseeability did not limit the doctrine, the court determined that, the district court improperly applied the doctrine of claim vitiation in finding non-infringement. Id. at 8–9.

Patently-O summarizes the decision and comments on the underlying policy rationales. (more…)

Posted On Feb - 27 - 2014 Comments Off READ FULL POST

By Mark Verstraete – Edited by Michael Shammas

Photo By: Nate GriggCC BY 2.0

On February 12, 2014, Senators Rockefeller (D-WV) and Markey (D-MA) introduced a bill that would require data brokers—companies that collect and sell consumer information to third parties—to be more transparent about their practices. The Data Broker Accountability and Transparency Act, S. __, 113th Cong. (Feb. 12, 2014) (“DATA Act“), represents an attempt to empower consumers to regain some control over their personal information.

In reality, the transparency and control offered by the DATA Act is limited. (more…)

Posted On Feb - 27 - 2014 Comments Off READ FULL POST

By Zoe Bedell – Edited by Sarah O’Loughlin

Brief for Appellants, Fraley v. Facebook, Inc., o. 13-16918 (9th Cir. Feb. 13, 2014)
Schachter Objector Appeal hosted by Citizen.org

Photo By: mkhmarketingCC BY 2.0

In 2011, a group of Facebook users filed a class action lawsuit against the company seeking relief from Facebook’s practice of using the names and images of its users in sponsor advertisements without those users’ consent. On February 13, objectors to the proposed settlement in Fraley v. Facebook, led by the nonprofit advocacy group Public Citizen, appealed the district court’s decision, arguing that the approved settlement violated the law of multiple states in allowing Facebook to use images of minors without their parents’ consent.

Ars Technica provides an overview of the lawsuit, settlement, and appeal. The Washington Post’s analysis provides perspective on the legal issues involved. (more…)

Posted On Feb - 26 - 2014 Comments Off READ FULL POST

By Corey Omer

Icon-newsFacebook Acquires WhatsApp for $19 Billion

In a bold deal that Rob Lever at ABS-CBNnews.com has praised as a “savvy strategic move” and Peter Schiff at Business Insider has decried as evidence of “how dysfunctional and distorted our economy is,” Facebook acquired the instant messaging app WhatsApp for $19 billion in cash, stocks, and restricted stock units, totaling approximately 9.2% of Facebook’s net worth.

Posterity will tell whether the acquisition was brilliant or moronic but, in the mean time, Information Week provides some numbers to consider:

  • As of December 2013, WhatsApp boasted 450 million users, 72% of which are active daily.
  • Facebook is estimated to have paid $345 million per WhatsApp employee (there are only 55) or $42 per user.
  • The messaging app is presently growing at a rate of 1 million users a day. Since its founding five years ago, WhatsApp has gained users faster than any other social media site in history, including Facebook. To put this in perspective, since you started reading this post 350 new users joined WhatsApp.

Winkdex: The Bitcoin Price Index

The Winklevoss brothers, famous for their legal battle with Mark Zuckerberg over the founding of Facebook, have released a financial index—known as the Winkdex—providing a regularly updated price for Bitcoin. The shortage of stabilizing governance mechanisms and transparency tools applicable to the volatile cryptocurrency has led some, like Jeff John Roberts at GigaOm to welcome the index. Others, including Paul Vigna at the Wall Street Journal, question whether there is a real need for the Winkdex.

Nathaniel Popper at The New York Times speculates that rollout of the index indicates that the brothers’ proposed Bitcoin exchange-traded fund, the Winklevoss Bitcoin Trust, is moving closer to regulatory approval. The Securities and Exchange Commission is currently reviewing the fund, the first of its kind. Release of the index is also consistent with Bitcoin’s shift into the mainstream—GigaOm reports that Bitcoin ATMs will be arriving in certain U.S. cities this month.

The FCC’s New Net Neutrality Rules

The Federal Communications Commission (“FCC”) has promised to issue a new set of rules aimed at keeping the web free and open, one month after the United States Court of the Appeals for the District of Columbia Circuit struck down the agency’s prior net neutrality rules for illegally treating Internet service providers (ISPs) as regulated utilities. Verizon v. Fed. Commc’ns. Comm’n., No. 11-1355 (D.C. Cir. Jan. 14, 2014), hosted by Scribd.

Although the FCC has decided to not reclassify broadband as a public utility, the agency remains committed to deterring ISPs from charging companies (such as Amazon or Netflix) to stream their content through an Internet “express lane.” As reported by The New York Times, those championing net neutrality contend that such preferential treatment would harm smaller companies and prevent new players from competing with large and established content providers.

Relying on section 706 of the Telecommunications Act of 1996, Pub. L. No. 104, 110 Stat. 56 (1996) the new rules would, among other things, significantly expand the “Open Internet rules” and provide for greater case-by-case enforcement. The FCC will also closely consider preempting state laws that prevent cities and towns from offering broadband service to residents.

Posted On Feb - 24 - 2014 Comments Off READ FULL POST
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3D Systems and Forml

By Yixuan Long – Edited by Yaping Zhang 3D Systems, Inc., ...

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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 ...

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California Sex Offen

By Jesse Goodwin – Edited by Michael Shammas Doe v. Harris, ...