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Federal Circuit Flash Digest: News in Brief

By Kellen Wittkop

Appeal of a contempt order for violation of patent injunction agreement dismissed for lack of jurisdiction

Federal Circuit affirms summary judgment of Apple’s noninfringement on GBT’s CDMA patents

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ITC’s review of an ALJ’s order was not procedurally sound
By Mengyi Wang – Edited by Sarah O’Loughlin

The United States Court of Appeals for the Federal Circuit unanimously vacated and remanded a decision of the International Trade Commission (“ITC”), finding that the ITC exceeded its authority in reviewing an administrative law judge’s (“ALJ”) order denying a motion for termination. In so holding, the Court rejected the ITC’s attempt to characterize the ALJ’s decision as an initial determination, which would be subject to review.

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Facebook’s experiment of emotional contagion raises concerns
By Jenny Choi – Edited by Sarah O’Loughlin

On June 17, 2014, Proceedings of the National Academy of Sciences released a study in which Facebook reduced positive and negative posts on News Feeds to observe any changes in the participants’ posts to test whether emotional states are contagious through verbal expressions. Many have criticized Facebook for the experiment,  finding that Facebook has deceived its users, violated past Consent Orders, and stretched the users’ terms of service agreements too far.

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Flash Digest: News in Brief

By Ken Winterbottom

Access to nude photos is a ‘perk’ of working at the NSA, Snowden says

Record label slams YouTube star with copyright infringement suit

Study shows women are still underrepresented among technology leaders

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SDNY Holds Bitcoins Fall Under Purview of Federal Money Laundering Statute

By Amanda Liverzani  Edited by Mengyi Wang

The debate surrounding the legal status of Bitcoins continued to heat up, as the Southern District of New York weighed in on whether the virtual currency could be used to launder money under 18 U.S.C. §1956(h). In a July 9, 2014 opinion penned by Judge Forrest in United States v. Ulbricht, the court held that exchanges involving Bitcoins constitute “financial transactions” for purposes of the money laundering statute, noting that “[a]ny other reading would—in light of Bitcoins’ sole raison d’etre—be nonsensical.”

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Department of Justice White Paper
By Mary Grinman – Edited by Laura Fishwick

Photo By: Cliff - CC BY 2.0

Photo By: CliffCC BY 2.0

Lawfulness of a Lethal Operation Directed Against a U.S. Citizen Who Is a Senior Operational Leader of Al-Qa’ida or an Associated Force (hosted by NBCNews)

On Monday, February 4, NBC made public an unsigned and undated Department of Justice (“DOJ”) White Paper, which concludes that the United States can lawfully use lethal force in a foreign country against a senior operational leader of al-Qa’ida or an associated force who is a U.S. citizen if the following three conditions are met: First, the individual must “pose[] an imminent threat of violent attack  against the United States.” Second, capture must not be possible. Third, any U.S. action must be consistent with the law of war. Lawfulness of a Lethal Operation Directed Against a U.S. Citizen Who Is a Senior Operational Leader of Al-Qa’ida or an Associated Force [hereinafter “White Paper”], at 1. While the White Paper presents legal analysis separated from any factual scenario, it resembles the legal justification advanced for the 2011 drone strike against Anwar al-Awlaki and could be the basis for future drone attacks.

The New York Times summarizes the DOJ’s argument and describes its current political environment. Wired criticizes the legal rationales behind the document’s conclusions. Lawfare comes down against the media hype generated by the document, and suggests that it is only a more fleshed out version of Attorney General Eric Holder’s speech at Northwestern University last March. (more…)

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

By Pio Szamel

En Banc Federal Circuit Hears Arguments on Scope of Software Patents

Flash DigestOn Friday, February 8, the en banc Court of Appeals for the Federal Circuit heard arguments in CLS Bank v. Alice Corp., in which the court will consider when patent claims with software elements should be rejected as unpatentable “abstract ideas.” Patently-O discusses the different rules proposed by the parties and the government, while Techdirt relays one audience member’s opinion that based on the argument it could be “a 5 judge to 5 judge tie,” in which case the district court opinion finding the patents invalid would be upheld. JOLT Digest reported on the original, now vacated Federal Circuit decision back in July.

Economists at St. Louis Fed Publish Paper Arguing Patents Should Be Abolished

Economists at the Federal Reserve Bank of St. Louis advocate for the abolition of the patent system in a newly-published paper in the Journal of Economic Perspectives, reports The Huffington Post. The authors, Michele Boldrin and David K. Levine, argue that first-mover advantages and competitive pressures motivate most innovation, while a strong patent system discourages downstream innovation, imposes steep transaction costs, and enables rent-seeking. Boldrin and Levine acknowledge that a much-weaker patent system may be net-beneficial, but point out that incentives faced by key actors such as patent holders, lawyers, and the Patent Office ensure that as long as patents exist, the system will get ever more restrictive.

3D-Printed 30-Round Magazine Unveiled, Named After Andrew Cuomo

Three-dimensional printing and gun enthusiast project Defense Distributed has unveiled a 30-round 3D-printed magazine with a new design that can go through hundreds of rounds without jamming. The new magazine has been named the “Cuomo,” after New York Governor Andrew Cuomo, and in an interview with Talking Points Memo the group’s founder indicated it was intended as a response to the new New York law limiting magazine sizes passed in wake of the massacre in Newtown, Conn. Wired reports on the improvements the soon-to-be-freely-available design makes over previous attempts at 3D-printed magazines.

 

 

 

 

 

 

 

 

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

Dear Readers,

As JOLT goes into the holidays, we’d like to ask you to take a few minutes and fill out our readership survey. You may have noticed our recent makeover, and we’re hoping to make other changes in response to reader feedback. Here’s your chance to weigh in.

Thanks!
Digest Staff

Posted On Dec - 17 - 2012 Comments Off READ FULL POST

Fox Group, Inc. v. Cree, Inc.
By Dorothy Du – Edited by Suzanne Van Arsdale

Fox Group, Inc. v. Cree, Inc., No. 2011-1576 (Fed. Cir. Nov. 28, 2012)
Slip Opinion

The Federal Circuit affirmed in part and vacated in part the Eastern District of Virginia, which had granted defendant Cree’s motion for summary judgment on the invalidity of Fox Group’s (“Fox”) entire patent on low defect single crystal silicon carbide.

The Federal Circuit held that because Cree had proved by clear and convincing evidence that it was the prior inventor of the patent and Fox had failed to produce sufficient evidence to raise a triable issue on whether Cree abandoned, suppressed, or concealed the invention, claims 1 and 19 of U.S. Patent No. 6,562,130 (“’130 patent”) were invalid under 35 U.S.C. § 102(g)(2). However, because there was no justiciable case or controversy to support Cree’s counterclaim on the invalidity of the rest of Fox’s patent, the court vacated the district court with respect to that portion of its holding.

Patently-O presents the background and key holdings of the case. Photonics Patent Blog suspects that the case would have come out the same way under the AIA’s “first to file” rule, which kicks in on March 16, 2013.

(more…)

Posted On Dec - 11 - 2012 Comments Off READ FULL POST

Cellco P’ship v. FCC
By Kathleen McGuinness – Edited by Charlie Stiernberg

Cellco P’ship v. FCC, No. 11-1135, 2012 WL 6013416 (D.C. Cir. Dec. 4, 2012)
Slip Opinion (hosted by Public Knowledge)

The Court of Appeals for the District of Columbia Circuit rejected a facial challenge to the Federal Communications Commission’s (“FCC”) new rule requiring “providers of commercial mobile-data services to offer data roaming agreements to other such providers on commercially reasonable terms.”  Cellco P’ship v. FCC, No. 11-1135, slip op. at 8.Noting the differences between the existing voice roaming requirement and the new data rule, the court held that the FCC had statutory authority to regulate data roaming, and that the flexibility of the new requirement does not amount to the imposition of common carrier requirements. However, the court left open the possibility for future as-applied challenges if the policy becomes a de facto common carrier rule.

Ars Technica provides a brief discussion of the case. Public Knowledge discusses the court’s reasoning and the implications for future litigation over the FCC’s Open Internet rules. Bloomberg lists many of the affected carriers.

(more…)

Posted On Dec - 10 - 2012 Comments Off READ FULL POST
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Federal Circuit Flas

By Kellen Wittkop Appeal of a contempt order for violation of ...

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ITC’s review of an

ITC’s review of an ALJ’s order was not procedurally sound By ...

Photo By: mkhmarketing - CC BY 2.0

Facebook’s experim

Facebook’s experiment of emotional contagion raises concerns By Jenny Choi – ...

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Flash Digest: News i

By Ken Winterbottom Access to nude photos is a ‘perk’ of ...

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SDNY Holds Bitcoins

By Amanda Liverzani – Edited by Mengyi Wang United States v. Ulbricht, ...