A student-run resource for reliable reports on the latest law and technology news
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Silk Road 2.0 Takedown Indicates Law Enforcement May Have Developed a Method to Trace Hidden Tor Websites

By Steven Wilfong — Edited by Travis West

The complaint filed against Blake Benthall, the alleged operator of Silk Road 2.0, indicates that the FBI identified a server that was used to host the popular drug market website, despite the fact that the website’s location was hidden by the Tor anonymity software.  Law enforcement may have developed a method of compromising Tor anonymity, a possibility that would prove useful in future operations, but that also raises concerns for legitimate users.

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Federal Circuit Flash Digest: News in Brief

By Ken Winterbottom

Motion to Dismiss in Hulu Patent Infringement Suit Affirmed

“Virtual Classroom” Patent Infringement Case Remanded for Further Determination

Attorney Publicly Reprimanded for Circulating Email from Judge

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Spain Passes a “Google Tax,” Analysts Predict it Will be Short-Lived

By Michael Shammas — Edited by Yixuan Long

Spain recently amended its Intellectual Property Law and Code of Civil Procedure to levy fees on aggregators that collect snippets of other webpages. It is at least the third example of a European government fining search aggregators to support traditional print publishing industries, a practice often labeled a “Google tax” because of the disproportionate impact such laws have on the search giant. Some analysts are already predicting that Spain’s new law will fail.

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Federal Circuit Tightens Patent Standing Requirement in Azure Networks

By Kathleen McGuinness – Edited by Sabreena Khalid

In Azure Networks, LLC v. CSR PLC, the Federal Circuit ruled that patent owners who had licensed “all substantial rights” to a third party could not be joined as plaintiffs in a suit on that patent. The court also reaffirmed the high bar to proving that a patentee has redefined a well-understood technical term.

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Flash Digest: News in Brief

By Viviana Ruiz

Russia’s Intellectual Property Court affirms denial of Ford’s trademark application

Contrary to its advertising efforts, Red Bull does not give you wings

Federal Court rules that food flavors are not trademarkable

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WNET, Thirteen v. Aereo, Inc.
By Natalie Kim – Edited by Samantha Rothberg

WNET, Thirteen v. Aereo, Inc. 12-2786-cv, 12-2807-cv (2d Cir. Apr. 1, 2013)
Slip opinion

Last Wednesday, the U.S. Court of Appeals for the Second Circuit affirmed the Southern District of New York’s July 2012 denial of a preliminary injunction motion filed against Aereo by several broadcast TV networks. Aereo is an Internet-based streaming service that allows users to watch broadcast TV shows live or record them for future viewing. A group of broadcast networks, including Fox and Univision, sued Aereo for allegedly violating their public performance rights under § 106(4) of the Copyright Act and demanded a preliminary injunction to prevent Aereo from continued operation. Aereo, slip op. at 5

In a 2–1 decision, the Second Circuit applied its own precedent, Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008) (“Cablevision”), to find that Aereo did not infringe plaintiffs’ copyright and therefore no preliminary injunction was warranted. Aereo, slip op. at 32–35.

The New York Times summarizes the holding, giving a pessimistic outlook on the broadcasters’ prospects of rooting out Aereo and other like services. TVNewsCheck takes a spirited position against the district court’s July 2012 ruling, warning of the “havoc this travesty will wreak.” Aereo released a statement regarding the decision. (more…)

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

By Craig Fratrik

Flash DigestGoogle Challenges FBI’s National Security Letters Process for Requesting Information

Google filed a petition to set aside a request for user data by the FBI. The case is in front of U.S. District Judge Susan Illston, who two weeks prior ruled that the associated gag order accompanying national security letters (“NSL”), which the FBI uses to request user data, rendered them unconstitutional (previously reported by the Digest). Judge Illston stayed that ruling for ninety days, and allowed the documents in Google’s case to be sealed pursuant to the the requirement of the statute under which the FBI makes the requests by sending national security letters (NSLs). Nevertheless, Google’s petition is a further challenge to the use of NSLs.  Bloomberg broke the story. Ars Technica and the Washington Post report as well.

Rackspace Sues “Patent Troll” For Breaking Forbearance Agreement

On its blog, Rackspace explained its lawsuit against IP Navigation Group (IP Nav), who they called “the most notorious patent troll in America.” They claim that IP Nav violated a mutual forbearance agreement to give 30 days notice of a lawsuit that the two had negotiated in 2010. Rackspace seems eager to take a stand against patent trolls, claiming that they have seen a “500 percent spike since 2010 in [their] legal spend.” Ars Technica provides some more background about IP Nav.

California Bill Would Require Companies to Provide Tracked Personal Information

California Assembly Member Bonnie Lowenthal introduced the “Right to Know Act of 2013,” (AB-1291), which would require businesses to provide customers’ personal information upon request. Many have noted that this bill would move customers’ rights to request such data closer to those possessed by European citizens (e.g., Wall Street Journal, EFF, The Verge). The bill is supported by both the EFF and the ACLU of Northern California. The Wall Street Journal‘s coverage highlights the industry backlash.

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

Florida v. Jardines
By Mary Grinman – Edited by Geng Chen

Florida v. Jardines, No. 11-564 (U.S. Mar. 26, 2013)
Slip opinion

Photo By: Charlie KaijoCC BY 2.0

In a 5–4 decision, the Supreme Court of the United States affirmed the Supreme Court of Florida, which had held that the use of a trained narcotics dog to inspect the area immediately surrounding Joelis Jardines’s home, including his porch, constituted a Fourth Amendment “search.”

Justice Scalia’s majority opinion held that using drug-sniffing dogs in the area immediately surrounding a home was a search within the original meaning of the Fourth Amendment because the Government physically intruded onto the constitutionally protected “curtilage” of the home. See Jardines, slip op. at 9–10.  Although some intrusion onto curtilage is permissible, the Government’s purpose “to engage in conduct not explicitly or implicitly permitted by the homeowner,” id. at 3–4, rendered this intrusion unlawful. The Court found it unnecessary to decide whether Jardines had a reasonable expectation of privacy under Katz v. United States because this was a much more fundamental Fourth Amendment case. Id. at 9.

SCOTUSblog presents a concise summary of the opinion. Forbes questions whether the decision’s focus on property rights lays groundwork for an attempt to overrule Katz. The Cato Institute, one of the amici in this case, applauds Justice Kagan’s concurrence for focusing on the specialized nature of the drug-sniffing dog, but regrets the use of the “reasonable expectation of privacy test.” (more…)

Posted On Apr - 4 - 2013 1 Comment READ FULL POST

FTC v. Actavis, Inc.
By Suzanne Van Arsdale – Edited by Jennifer Wong

FTC v. Actavis, Inc., No. 12-416 (U.S. Mar. 25, 2013)
Transcript of Oral Argument

Photo By: e-Magine ArtCC BY 2.0

On Monday, March 25, the Supreme Court heard oral arguments in FTC v. Actavis, Inc., to determine the legality, under antitrust laws, of patent litigation settlements made by the maker of a brand-name drug to the maker of a generic competitor to keep the generic off the market temporarily, known as a “reverse payment agreement” or “pay for delay.”

The FTC has been opposed to this type of deal for years, but the Eleventh Circuit and other circuits have held such settlements per se lawful unless the underlying litigation was a sham or obtained by fraud. In 2012 the Third Circuit held reverse payments presumptively anticompetitive and unlawful in the K-Dur opinion (previously covered by the Digest). In Re K-Dur Antitrust Litigation, 686 F.3d 197 (3d Cir. 2012).

SCOTUSblog, Patently-O, the New York Times, and the Washington Post have further coverage. SCOTUSblog also has information about the case’s background. (more…)

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

By Kathleen McGuinness

Flash DigestSupreme Court of Canada Rules That Text Message Monitoring Requires Warrant

On Saturday, the Supreme Court of Canada ruled 5-2 that the real-time police monitoring of text messages was an interception of private communications and required a hard-to-obtain wiretap authorization. R. v. TELUS Communications Co., 2013 SCC 16 (Can.). As the Globe and Mail describes, these authorizations are limited to certain serious crimes and to situations where other investigative techniques have been ineffective. Ars Technica contrasts this privacy-protective holding with the law in the United States, where courts have split over the legal protections afforded to text messaging.

Google Announces Open Patent Non-Assertion Pledge

To encourage the development of open source software, Google recently announced its new Open Patent Non-Assertion Pledge (OPN). Under this framework, Google has promised not to assert ten of its patents against open source software, subject to “defensive termination” if another entity sues them. The EFF describes the importance of these patents, one of which had already raised worries among open source developers, and discusses Google’s future proposals for similar licensing agreements designed to promote innovation. Google expects the OPN to have several benefits, including transparency, broad protection, and durability; Forbes describes these benefits in detail.

Legal Challenges to “Stingray” Surveillance Devices Continue to Grow

According to emails published on Wednesday, federal investigators have used “stingray” devices, a form of electronic surveillance, without explaining the method clearly to the judges issuing warrants. Ars Technica reports the story. As the EFF reports, “stingrays” can locate a cell phone by mimicking a phone tower, but gather large amounts of information from non-targeted users in the process. Because of this indiscriminant data gathering and the lack of effective judicial oversight, privacy organizations are concerned about the use of the devices. One case, United States v. Rigmaiden, No 08-814, 2012 WL 1038817 (D. Ariz. Mar. 28, 2012), has become the center of this legal controversy, with involvement from privacy organizations including the ACLU and EPIC. The Wall Street Journal describes the case’s history.

Posted On Apr - 2 - 2013 Comments Off READ FULL POST
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Silk Road 2.0 Takedo

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Federal Circuit Flas

By Ken Winterbottom Motion to Dismiss in Hulu Patent Infringement Suit ...

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Spain Passes a “Go

By Michael Shammas — Edited by Yixuan Long Amendments to the ...

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Federal Circuit Tigh

By Kathleen McGuinness – Edited by Sabreena Khalid Azure Networks, LLC ...

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Flash Digest: News i

By Viviana Ruiz Russia’s Intellectual Property Court affirms denial of Ford's ...