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

Whack-a-troll Legislation

Written by Asher Lowenstein     —   Edited by Yaping Zhang

Patent assertion entities’ extensive litigation activities in different states enables to assess the efficacy of the proposed bills against legal strategies these trolls, such as MPHJ Technology, have engaged in. The legal battles confirm some of the concerns about the usefulness of proposed regulatory measures.

Read More...

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

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.

Read More...

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

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.

Read More...

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

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.

Read More...

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

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.

Read More...

By Travis West – Edited by Ashish Bakshi

Photo By: Robson#CC BY 2.0

The National Security Agency (“NSA”) has developed techniques to circumvent the anonymity offered by the Tor network. Tor is a service that anonymizes users’ Internet traffic by routing requests to websites and other services through multiple servers, making it extremely difficult to track. While the NSA can track some Tor users, the agency has been unable to crack the underlying technology and instead relies on tools like browser exploits and its direct access to the Internet backbone to intercept website requests.

The Guardian and The Washington Post published the original stories based on documents leaked by Edward Snowden. Bruce Schneier of The Guardian provided a technical analysis of the NSA’s techniques. Ars Technica and Time Techland provided additional coverage. (more…)

Posted On Oct - 12 - 2013 Comments Off READ FULL POST

Société des Produits Nestlé S.A. v. Cadbury UK Ltd.
By Anton Ziajka – Edited by Abhilasha Nautiyal

Société des Produits Nestlé S.A. v. Cadbury UK Ltd., [2013] EWCA (Civ) 1174 (October 04, 2013)
Judgment hosted by BAILII

Britain’s Court of Appeal (Civil Division) reversed an order of the High Court of Justice (Chancery Division) that had approved for registration Cadbury UK Ltd.’s (“Cadbury”) Trade Mark application No. 2 376 879 (“the ‘879 application”) for a specific shade of purple to be used on the packaging of its chocolate products. The Court of Appeal held that Cadbury’s color mark did not qualify as a trade mark under the Trade Marks Directive 2008/95 (“the Directive”). 2008 O.J. (L 299) 25, 26 (EC). The Court held that “an application to register a trade mark must satisfy three conditions …: (i) there must be a sign; (ii) it must be capable of graphical representation; [and] (iii) it must be capable of distinguishing the goods or services of one undertaking from those of other undertakings.” Société des Produits Nestlé S.A. v. Cadbury UK Ltd., [2013] EWCA (Civ) 1174 at ¶15. The Court concluded that Cadbury’s impugned mark did not constitute “a sign” that is “graphically represented” and thus failed to satisfy conditions (i) and (ii) of Article 2 of the Directive. Id. at ¶51. To allow registration of a trademark with such vagueness, the Court noted, would offend both “the principle[s] of certainty…[and] of fairness,” in part because “competitors… would not be able to tell from inspecting the register the full scope and extent of the registration.” Id. at ¶52.

The Guardian and World Intellectual Property Review provide coverage of the decision. The Washington Post compares the decision with several prominent United States cases involving color trade marks. The IPKat provides further analysis and commentary on the case and related decisions. (more…)

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

By Simon Heimowitz – Edited by Kathleen McGuinness

Photo By: Sean MacEnteeCC BY 2.0

On August 3, the Obama administration issued a veto on an International Trade Commission (“ITC”) exclusion order that had effectively banned the importation of some older models of the iPhone and iPad. Letter from Michael B. G. Froman, U.S. Trade Representative, to Irving A. Williamson, Chairman, ITC (Aug. 3, 2013). The ITC had ordered the ban on older Apple devices — the iPhone 3GS, iPhone 4, iPad 3G and iPad 2 3G distributed with cellular service by AT&T — after agreeing with Samsung that Apple had infringed one of Samsung’s standard-essential patents (“SEPs”). The ban would have gone into effect on August 5. Ambassador Froman expressed the administration’s decision to veto the exclusion order as the result of “extensive consultations with the agencies of the Trade Policy Staff Committee and the Trade Policy Review Group, as well as other interested agencies and persons,” after which he “decided to disapprove the USITC’s determination to issue an exclusion order and cease and desist order in this investigation.” Letter at 3. As reported by Forbes.com, Froman noted the administration’s decision was made after taking into account the “effect on competitive conditions in the U.S. economy and the effect on U.S. consumers.” Id.

(more…)

Posted On Sep - 14 - 2013 Comments Off READ FULL POST

By Elise Young

Flash DigestApple Prevails on Appeal, Re-Opening Door on Motorola Infringement Case

The United States Court of Appeals for the Federal Circuit held that Apple could proceed in its patent infringement case against Google-owned Motorola Mobility for two touch-screen patents.  Apple Inc. v. Int’l Trade Comm., No. 12-1338 at 2 (Fed. Cir. Aug. 7, 2013). The court reversed in part the International Trade Commission’s findings that the patents at issue were anticipated and obvious. Id. If Apple prevails in its case, some Motorola devices could be banned from sale in the U.S. CNET provides an overview of the case while FOSS Patents discusses the technology and patents in more detail.

Bitcoin Is a Currency that May Be Regulated Under U.S. Law

Magistrate Judge Mazzant recently ruled that Bitcoin is “currency or a form of money.” SEC v. Shavers, No. 13-00416 at 3 (E.D. Tex. Aug. 6, 2013). This determination was significant because it enabled the court to find that investments made by Bitcoin Savings and Trust were “investment contracts” and thus “securities” over which the court had subject matter jurisdiction. Id. at 4. Securities include investment contracts, and an investment contract “is any contract, transaction, or scheme involving (1) an investment of money, (2) in a common enterprise, (3) with the expectation that profits will be derived from the efforts of the promoter or a third party.” Id. at 3. For more general discussion of the case, see Ars Technica.

Federal Circuit’s Judge Plager Argues that Ambiguous Terms Should Be Construed Against the Drafter

The United States Court of Appeals for the Federal Circuit panel issued three separate opinions in reversing and remanding the United States District Court for the District of Minnesota’s claim construction in a case of patent infringement brought by 3M. 3M Innovative Props. Co. v. Tredegar Corp., No. 12-1241 (Fed. Cir. Aug. 6, 2013). In his concurring opinion, Judge Plager emphasized that the plaintiff’s “sloppy drafting” and frequently conflicting language put the court in the position of “crystal ball” reader, an arduous and nigh-impossible task. Id. at 2 (Plager, J., concurring). Judge Plager went on to advocate that the court adopt the “contract doctrine of contra proferentum” which resolves ambiguous terms against the drafter. Id. at 4.

Posted On Sep - 3 - 2013 Comments Off READ FULL POST

Photo By: Nancy PelosiCC BY 2.0

Written By: Natalie Kim
Edited By: Alex Shank

Introduction

Amidst heated debate and unprecedented lobbying in Brussels, European Union lawmakers are currently drafting a General Data Protection Regulation (“DPR”) to replace the outdated 1995 Data Protection Directive. The 1995 Directive has been criticized for being technologically outdated and cumbersome to follow. If enacted, the DPR will be among the toughest data protection laws in existence. Regardless of enaction, the DPR signifies a growing rift between EU and U.S. data protection ideals. (more…)

Posted On Aug - 11 - 2013 Comments Off READ FULL POST
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
3293465641_b6c5081e87_q

Whack-a-troll Legisl

Written by: Asher Lowenstein Edited by: Yaping Zhang In May 2014, another ...

invisalign-braces

3D Systems and Forml

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

91ea09a6535666e18ca3c56f731f67ef_400x400

Privacy Concerns in

By Sabreena Khalid – Edited by Insue Kim Following scandals earlier ...

free-speech

San Francisco Court

By Jens Frankenreiter – Edited by Henry Thomas S. Louis Martin ...

European union concept, digital illustration.

EU Unitary Patent Sy

By Saukshmya Trichi – Edited by Ashish Bakshi Advocate General’s Opinion ...