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Twitter goes to court over government restrictions limiting reporting on surveillance requests

By Jens Frankenreiter – Edited by Michael Shammas

Twitter on Oct. 7 sued the government, asking a federal district court to rule that it was allowed to reveal the numbers of surveillance requests it receives in greater detail. Twitter opposes complying with the rules agreed upon by the government and other tech companies in a settlement earlier this year, and argues that the rules violated its rights under the First Amendment.

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Popular Samsung Phones under Investigation for Patent Infringement

By Asher Lowenstein – Edited by Saukshmya Trichi

The US International Trade Commission has instituted an investigation of patent infringement involving some of Samsung’s most popular smartphones. ITC will have to decide whether it is in the public interest to ban a major producer from selling its phones in the US.

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Federal Circuit Flash Digest: News in Brief

By Kathleen McGuinness

Two contested patent terms upheld as means-plus-function

Judgment of damages sufficient to render plaintiff a prevailing party for fee awards

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Google Faces Potential Lawsuit in Connection with Celebrity Photo Leaks

By Amanda Liverzani – Edited by Mengyi Wang

Celebrities impacted by the theft and distribution of personal images stored on Apple’s iCloud service may soon head to court seeking damages from Google for continued copyright infringement and privacy violations. Google is accused of failing to remove the private pictures pursuant to the Digital Millennium Copyright Act (“DMCA”) and threatened with a lawsuit for compensatory and punitive damages that could reach over $100,000,000 unless the offending content is promptly taken down.

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Apple Provides Default Encryption that Protects Data Stored on Device

By Yixuan Long – Edited by Travis West

Apple announced that they could no longer access information stored on their newest devices operating iOS 8. This means that if law enforcement comes to the company with a seized device and a valid warrant, Apple would be incapable of accessing the data. Google says Android L will do the same. Privacy advocates have applauded this feature, while government officials have denounced it.

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Written by: Suzanne Van Arsdale
Edited by: Michelle Sohn

Introduction

On May 21, 2013, Twitter launched version 1.0 of the Innovator’s Patent Agreement (“IPA”), which formalizes a company’s commitment to non-offensive patenting and leaves some control in the hands of inventors.

This Comment addresses the incentives for and legal implications of adopting the IPA. Part I broadly discusses the content of the IPA and its adoption. Part II reviews the software industry’s concerns and current practices. Part III examines the practical effect of adopting the IPA, its scope, and its binding and defensive nature. Part IV reviews other defensive patenting mechanisms and compares them to the IPA. (more…)

Posted On Aug - 11 - 2013 Comments Off READ FULL POST

By Jonathan Sapp – Edited by Alex Shank

Photo By: Glen Edelson - CC BY 2.0

Photo By: Glen EdelsonCC BY 2.0

In June, a British high court ruled in favor of Volkswagen by enjoining Flavio Garcia from publishing an academic paper that sought to expose weaknesses in Volkswagen’s automobile security systems. In the paper, Garcia revealed secret codes used to activate the ignition systems of several luxury vehicles including those by Audi, Bentley, Lamborghini, and Porsche. The British court’s ruling is the latest in the battle against researchers who expose security systems’ flaws through hacking.

The Guardian provides a thorough analysis of the case. Ars Technica cautions against the “Internet of automobiles” and discusses the latest trend in car hacking: brake and speed tampering. Extreme Tech offers insight into security system hacking and suggests that boats and planes are not immune. (more…)

Posted On Aug - 10 - 2013 Comments Off READ FULL POST

The Charles Machine Works, Inc. v. Vermeer Manufacturing Co.
By Mengyi Wang – Edited by Kathleen McGuinness

The Charles Machine Works, Inc. v. Vermeer Manufacturing Co., No. 12-1578 (Fed. Cir. July 26, 2013)
Slip Opinion

20130807 Charles Machine Works v. VermeerOn July 26, the U.S. Court of Appeals for the Federal Circuit vacated-in-part, affirmed-in-part, and reversed-in-part a lower court’s summary judgment of noninfringement, literally or under the doctrine of equivalents, as to Vermeer Manufacturing Company’s (“Vermeer”) commercial products and non-commercial prototypes.

In a unanimous opinion, the Federal Circuit held that The Charles Machine Works (“CMW”) lacked notice that the non-commercial prototypes were within the scope of summary judgment and therefore vacated the relevant part of the lower court’s decision. For the commercial products, the court affirmed the finding of no literal infringement but reversed the grant of summary judgment regarding non-infringement under the doctrine of equivalents. It reasoned that the lower court had improperly discounted CMW’s expert testimony that established genuine factual disputes about equivalence.

Patently-O summarizes the history of the litigation and briefly explains the court’s ruling. Finnegan and McKenna Long & Aldridge feature analyses of prior Federal Circuit jurisprudence regarding the doctrine of claim vitiation. (more…)

Posted On Aug - 8 - 2013 Comments Off READ FULL POST

Fox Broadcasting Co. v. Dish Network
By Simon Heimowitz – Edited by Samantha Rothberg

Fox Broadcasting Co. v. Dish Network, No. 12-57048 (9th Cir. July 24, 2013)
Slip Opinion, hosted by eff.org

The United States Court of Appeals for the Ninth Circuit affirmed a district court decision to deny Fox Broadcasting Company’s (“Fox”) request for a preliminary injunction against Dish Network’s (“Dish”) “AutoHop,” a product associated with Dish’s “Hopper.” The Hopper allows subscribers to automatically record Fox’s primetime television shows and then view them with the commercials fast-forwarded, without manual user involvement.

The Ninth Circuit held that the district court did not abuse its discretion in deciding that Fox “did not demonstrate a likelihood of success on its copyright infringement and breach of contract claims regarding Dish’s implementation of [two television recording products].” Fox Broadcasting Co. v.  Dish Network, No. 12-57048, slip op. at 10 (9th Cir. July 24, 2013). The court determined that Dish Network was not responsible for directly infringing Fox’s copyright because the consumer initiates the copying process, not Dish Network. Id. at 12. The court also ruled that Dish would not be held liable for secondary infringement because although Fox carried its burden of proving direct infringement by consumers, Dish successfully raised an “affirmative defense that its customers’ copying was a ‘fair use.’” Id. at 13 (citation omitted). The court affirmed that Fox was unlikely to succeed on its breach of contract claims against Dish, noting that the commercial-skipping function of the Hopper product “does not implicate Fox’s copyright interest because Fox owns the copyrights to the television programs, not to the ads aired in the commercial breaks.” Id. at 14–15. The Ninth Circuit considered a number of related precedents in determining that the Hopper’s noncommercial time-shifting function was non-infringing fair use. See id. at 13–15.

The New York Times and Reuters provide an overview of the case. Ars Technica features an analysis of the decision and provides detailed context regarding the rancorous history between Dish and major TV networks over the Hopper. (more…)

Posted On Aug - 6 - 2013 Comments Off READ FULL POST

American Civil Liberties Union et al. v. Clapper et al.
By Michelle Sohn – Edited by Katie Mullen

American Civil Liberties Union et al. v. Clapper et al., No. 1:13-cv-03994 (S.D.N.Y. filed June 11, 2013)
Scheduling Order

At a hearing last Thursday,  Judge William Pauley of the U.S. District Court for the Southern District of New York denied the government ‘s request to delay a hearing date for American Civil Liberties Union et al. v. Clapper et al., reports ArsTechnica.  The denial is the latest in the American Civil Liberties Union’s (“ACLU’s”) challenge to the Obama administration’s metadata collection practices, specifically collecting Verizon’s customer records.

The Guardian provides a synopsis of the case, describing the judge’s dismissal of the government’s request as the administration being “rebuffed.” JOLT Digest has previously reported on the U.S. government’s programs that collect massive amounts of data from Verizon and Internet companies such as Google and Facebook. The Foreign Intelligence Surveillance Court (“FISC”) order, which Edward Snowden leaked to the Guardian, authorizing the metadata collection is hosted by the Guardian. (more…)

Posted On Aug - 4 - 2013 Comments Off READ FULL POST
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Twitter goes to cour

By Jens Frankenreiter – Edited by Michael Shammas Twitter, Inc. vs. ...

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Popular Samsung Phon

By Asher Lowenstein – Edited by Saukshmya Trichi The US International ...

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Federal Circuit Flas

By Kathleen McGuinness Two contested patent terms upheld as means-plus-function The United ...

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Google Faces Potenti

By Amanda Liverzani – Edited by Mengyi Wang Demand Letter to ...

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Apple Provides Defau

By Yixuan Long – Edited by Travis WestApple announced that ...