A student-run resource for reliable reports on the latest law and technology news
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Observing Mauna Kea’s Conflict

Written by: Aaron Frumkin

Edited by: Anton Ziajka

Believing the machinery desecrates their sacred summit and the scarce natural resources it shelters, native Hawaiians have opposed telescope development on Mauna Kea. While it seems that their beleaguered resistance to telescope development will fail yet again with the proposed Thirty Meter Telescope (TMT), this Note attempts to articulate their best arguments in hopes of properly framing the social costs associated with the great scientific and technological gains that TMT will surely provide.

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Federal Circuit Flash Digest: News In Brief

By Cristina Carapezza

Rosen Wins TV Headrest Patent Suit

Federal Circuit Allows for Declaratory Judgment of Noninfringement for Disclaimed Patent

Federal Circuit Prohibits Third Party Challenges to Patent Application Revivals Under the APA

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Government Agents Indicted for Wire Fraud and Money Laundering in Silk Road Investigation

By Sheri Pan – Edited by Jens Frankenreiter

Two former Drug Enforcement Administration agents have been charged for wire fraud and money laundering in connection with an investigation of Silk Road, a digital black market that allowed people to anonymously buy drugs and other illicit goods using Bitcoin, a digital currency. The two agents were members of the Baltimore Silk Road Task Force and allegedly used their official capacities and resources to steal Bitcoins for their personal gain.

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Mississippi Attorney General’s investigation of Google temporarily halted by federal court

By Lan Du – Edited by Katherine Kwong

On March 2, 2015, Mississippi Attorney General Jim Hood’s investigation of Google was halted by a federal court granting Google’s motion for a temporary restraining order and preliminary injunction. U.S. District Judge Henry T. Wingate issued the opinion. Judge Wingate found a substantial likelihood that Hood’s investigation violated Google’s First Amendment rights by content regulation of speech and placing limits of public access to information.

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Federal Circuit Flash Digest

By Ken Winterbottom

J.P. Morgan Appeal Dismissed for Lack of Jurisdiction

Court Agrees with USPTO: Settlement Agreements Are Not Grounds for Dismissing Patent Validity Challenges

Attorney Misconduct-Based Fee-Shifting Request Revived in Light of Recent Supreme Court Decision

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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

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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

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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

By Shuangjun Wang

Icon-newsWorld Wide Web inventor seeks to pass a Magna Carta for the Internet

Twenty-five years ago, British computer scientist Tim Berners-Lee invented the World Wide Web. Today, he’s calling for a new – or very old, depending on how you look at it – invention to complement his first. In an interview with the BBC, Berners-Lee advocated for a global Constitution and Bill of Rights to protect Internet users everywhere from what he perceives to be a declining level of user freedom and independence on the Internet, especially in light of the privacy issues raised by governments’ “mining” of personal data.

Having such a charter will force governments to recognize that Internet user privacy and data protection are “so important, so much part of our lives, that [they] become[] on a level with human rights,” reports The Sydney Morning Herald, quoting Berners-Lee. The British computer scientist also proposes that lawmakers create a codified system of rights to ensure “no surveillance without suspicion, that our digital communication and behavior are treated with the same respect and legal due process that we expect for our offline communication and behavior,” reports Cambridge News. To make his Magna Carta a reality, Berners-Lee has established Web We Want, a campaign focused on initiating national dialogues about Internet usage and privacy rights and on drafting legislation for an “Internet Users’ Bill of Rights.”

Facebook v. Power Ventures celebrates its six-year anniversary in the Ninth Circuit

In 2013, the United States District Court for the Northern District of California ordered Power Ventures, a now bankrupt social network aggregation tool, to pay Facebook $3 million after that court found that Power Ventures had violated 18 U.S.C. § 1030 (2008) (“Computer Fraud and Abuse Act” or “CFAA”), 15 U.S.C. ch. 103 (2003) (“CAN-SPAM Act“), and 13 Cal. Penal § 502 (2001) for accessing Facebook data after Facebook had blocked Power Ventures’ IP addresses. Facebook, Inc. v. Power Ventures, Inc., No. 8-cv-5780 (N.D. Cal. Sept. 25, 2013) hosted by Leagle.

Power Ventures has appealed the ruling in the United States Court of Appeals for the Ninth Circuit, and the Electronic Frontier Foundation (“EFF”) has filed another amicus brief in order to highlight the “dangers” of upholding Facebook’s claims. Circumventing IP-address blocks typically falls within the scope of “hacking” under the CFAA. According to the EFF, however, because Power Ventures was only a social network aggregating tool, Facebook users were the ones accessing their own Facebook data through Power Ventures’ servers. Criminalizing such aggregators would stunt technological innovation and market competition. In addition, Congress targeted large-scale spammers with CAN-SPAM Act. According to the EFF, if the Ninth Circuit affirms the district court’s decision, that precedent will bring all Facebook users who advertise with Facebook Events under the Act’s scope of liability.

Google’s new encryption sends data through China’s Great Firewall

Tech companies such as Google and Facebook have advertised user privacy as their number one priority for some time, but, as reported by The New York Times, privacy activists and security specialists question the companies’ actual efforts at privacy protection.

Google has taken a step in the right direction by combating government surveillance and censorship of search engines in China. According to SiliconValley.com, Google began working late last year to automatically encrypt searches as part of the global expansion of its privacy technology plan. Google’s automatic encryption – which will take effect in the coming weeks – will prevent the Chinese government from screening searches and eliminating potentially politically controversial hits.

Although Google’s market share in China is only an estimated 10%, its move to subvert and bypass the “Great Firewall of China“ is an initiative that Google hopes will catch on and “encourage the industry to adopt stronger security standards,” reports The Register. Automatic encryption of search terms will not only prevent the government from identifying search terms and censoring hits, it will also protect users’ personal information and data from being immediately available to third parties.

Posted On Mar - 16 - 2014 Comments Off READ FULL POST

By Sheri Pan – Edited by Insue Kim

Press release by Monika Bickert, Head of Global Policy Management, Facebook Announcement (Mar. 5, 2014)
Press release

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Last Wednesday, Facebook issued a press release announcing policy changes aimed at reducing the sale of guns over its social media platforms Facebook and Instagram. Created after consulting with gun-control organizations and New York’s Attorney General Eric Schneiderman, the measures respond to concerns over the growing number of guns sold online.

The New York Times, Ars Technica, and CNN reported the story. The Verge describes how Instagram users find guns using the photo-sharing application. The National Rifle Association (“NRA”) and Moms Demand Action responded to the announcement. (more…)

Posted On Mar - 15 - 2014 Comments Off READ FULL POST

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Written By: Hyeongsu Park

Edited By: Kendra Albert

The recent boom in antibody products in the pharmaceutical and biotechnology industries created the needs for a clear standard for antibody patents. The market for therapeutic antibodies is projected to reach hundreds of billion dollars within the next several years, and, as such, a huge amount of money will be at stake in future patent infringement cases regarding therapeutic antibodies. However, currently there is an apparent tension between the USPTO guideline with which antibody patents are granted and the case law with which the validity of existing antibody patents is determined. The antibody “exception” of the USPTO written description guideline says that a claim for an isolated antibody binding to an antigen satisfies the written description requirement even when the specification only describes the antigen and does not have working or detailed prophetic examples of antibodies that bind to the antigen. United States Patent and Trademark Office, Revised Interim Written Description Guidelines Training Materials (1999) at 59–60 [hereinafter Training Materials]; United States Patent and Trademark Office, Written Description Training Materials, Revision 1 (March 25, 2008) at 45–46 [hereinafter Revised Training Materials]. In Centocor v. Abbott, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that a patentee cannot claim an antibody unless the specification describes it, even if he/she fully characterizes the antigen, and the court vacated a $1.67 billion jury verdict, the largest patent infringement award in U.S. history. (more…)

Posted On Mar - 13 - 2014 Comments Off READ FULL POST
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Observing Mauna Kea'

Written by: Aaron Frumkin Edited by: Anton Ziajka I.     Introduction Perched quietly atop ...

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Federal Circuit Flas

By Cristina Carapezza Rosen Wins TV Headrest Patent Suit The Federal Circuit ...

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Government Agents In

By Sheri Pan - Edited by Jens Frankenreiter United States v. ...

Photo By: Robert Scoble - CC BY 2.0

Mississippi Attorney

[caption id="attachment_3907" align="alignleft" width="150"] Photo By: Robert Scoble - CC ...

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Federal Circuit Flas

By Ken Winterbottom J.P. Morgan Appeal Dismissed for Lack of Jurisdiction In ...