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

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

Read More...

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

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.

Read More...

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

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.

Read More...

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

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

Read More...

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

Pass the Patented Peas, Please: EPO Upholds Plant Product Patents

By Amanda Liverzani – Edited by Paulius Jurcys

Everything’s coming up roses for plant patent holders, following the European Patent Office’s recent endorsement of patents for tomato and broccoli plants.  In a March 25, 2015 decision, the Enlarged Board of Appeal held that the European Patent Convention’s Article 53(b) prohibition on patents for production of plants by “essentially biological processes . . . does not have a negative effect on the allowability of a product claim directed to plants.”

Read More...

UnknownBy Patrick Gallagher

Federal Circuit Affirms Denial of AT&T Motion to Extend or Re-open Filing Period for Appeal in Patent Infringement Suit

 

The United States Court of Appeals for the Federal Circuit in Two-Way Media LLC v. AT&T, Inc., AT&T Corp., affirmed a lower court denial of AT&T’s motion for an extension or reopening of the appeal period.  Two-Way Media LLC v. AT&T, Inc., AT&T Corp., 2014-1302 (Fed. Cir. Mar. 19, 2015).  After an adverse final judgment in a patent infringement suit filed against the company by Two-Way Media, AT&T failed to file a timely notice of appeal, and the period to do so subsequently expired.  Two-Way Media at 2.  AT&T claimed that, due to labeling errors on the part of the district court, it only first discovered that its post-trial motions had been denied after the appeal period had expired.  Id. at 3.  AT&T the next day filed a motion under Federal Rules of Appellate Procedure 4(a)(5) and (6) to extend or reopen the appeal period on the grounds of “excusable neglect or good cause” or a failure on the part of the court to provide adequate notice.  Id. at 3-4.  The Federal Circuit concluded that the district court did not abuse its discretion in refusing to extend or reopen the appeal period because it was the responsibility of AT&T to read the entirety of the original court order, accessible by hyperlinks included in the notices of electronic filings received by both parties, which would have clearly indicated the status of their motions.  Id. at 7-8.  Moreover, the Circuit held that 4(a)(6) only applies “when a party receives no notice of that order.” Id. at 12.  Read more here.

http://www.cafc.uscourts.gov/images/stories/opinions-orders/14-1302.Opinion.3-17-2015.1.PDF

 

In Patent Suit Against Apple, Federal Circuit Affirms in Part, Reverses in Part

The Federal Circuit affirmed in part, and reversed in part, vacated, and remanded a patent infringement case involving four patents owned by plaintiff MobileMedia Ideas LLC.  MobileMedia Ideas LLC v. Apple Inc., 2014-1060, 2014- 1091 (Fed. Cir. Mar. 17, 2015).  The United States Disctrict Court for the District of Delaware found plaintiff’s claim 73 of U.S. Patent No. 6,427,078 (“the ‘078 patent”) and claim 23 of U.S. Patent No. 6,070,068 (“the ‘068 patent) to be infringed and not invalid to which Apple appealed.  MobileMedia at 2.  The district court also found MobileMedia’s claims 5,6, and 10 of U.S. Patent No. 6,253,075 (“the ‘075 patent”) and claims 2-4 and 12 of U.S. Patent No. RE 39,231 (“the ‘231 patent”) not to be infringed and claims 5, 6, and 10 of the ‘075 patent to be additionally invalid. MobileMedia cross-appealed these holdings. Id.

With respect to Apple’s appeal, the Federal Circuit affirmed the lower court judgment that claim 73 of the ‘078 patent is not invalid, but reversed the judgment that it was infringed and further reversed the judgment that claim 23 of the ‘068 patent is not invalid.  Id. at 37.  The court’s determination regarding the validity of the ‘068 and ‘078 patent claims centered on whether they were invalid as obvious under 35 U.S.C. § 103 and the Global System for Mobile Communications standard, respectively.  Id.  With respect to MobileMedia’s cross-appeal, the Federal Circuit affirmed the lower court’s holding that claims 5,6, and 10 of the ‘075 patent are invalid, vacated on the grounds of erroneous claim construction the judgment that that claims 2-4 and 12 of the ‘231 patent were not infringed, and remanded the case.  Id.

http://www.cafc.uscourts.gov/images/stories/opinions-orders/14-1060.Opinion.3-12-2015.1.PDF

 

Federal Circuit Reverses DNA Sequencing Technology Patent Construction

The Federal Circuit reversed a district court construction of a patent claim by Enzo Life Sciences, Inc. and Yale University against Applera, vacated the lower court’s finding of infringement, and remanded the case.  Enzo Biochem Inc. v. Applera Corp., 2014-1321 (Fed. Cir. Mar. 16, 2015).  The suit involved the use of nucleotide probes to detect, monitor, localize, or isolate nucleic acids for the purpose of DNA sequencing.  Enzo at 3.  The ruling against Applera was based on a construction that construed the patent in question to include both direct and indirect detection of moiety.  Id. at 2.  The Circuit, following precedent from Phillips v. AWH Corp., utilized a textualist approach that looked to the “ordinary and customary meaning of a claim term” as an ordinary member of the related industry would interpret it.  415 F.3d 1303, 1312-13 (Fed. Cir. 2005).  In so doing, the Federal Circuit found that the district court had erred in broadening a key term in the patent to include direct detection in addition to indirect detection. Enzo at 14.

http://www.cafc.uscourts.gov/images/stories/opinions-orders/14-1321.Opinion.3-12-2015.1.PDF

Posted On Mar - 23 - 2015 Add Comments READ FULL POST

By Paulius Jurcys – Edited by Sarah O’Loughlin

Logo_colors_wikimediaOn March 10, 2015, Wikimedia Foundation filed a lawsuit against the National Security Agency (NSA) and Department of Justice (DOJ) for its upstream surveillance program, which is said to violate constitutional freedoms of speech and protections against unreasonable search and seizure.

The existence of upstream surveillance programs first came to light in June 2013 via whistleblowing information disclosed by Snowden. This leak alarmed the Wikimedia community and startled the debates about the possibility to take legal action.

Wikipedia’s founder Jimmy Wales in his public statement emphasised that “surveillance erodes the original promise of the internet: an open space for collaboration and experimentation, and a place free from fear.” (more…)

Posted On Mar - 23 - 2015 Add Comments READ FULL POST

By Paulius Jurcys – Edited by Anton Ziajka

True Origin of Digital Goods Act, H.R., CS/HB 271, 2015 Leg., Reg. Sess. (Fla. 2015).

The bill is available at the Florida House of Representatives.

Florida lawmakers are considering a bill that would prohibit certain anonymous websites and online services. Under the so-called “True Origin of Digital Goods Act,” owners and operators of websites that disseminate “commercial” recordings or audiovisual works must prominently disclose their true names, physical addresses, and telephone numbers or email addresses on the websites. The bill extends to all websites that deal “in substantial part” in disseminating such works, “directly or indirectly,” to Florida consumers.

One of the rationales provided for the proposal is the protection intellectual property rights. According to staff analysis by the Florida House of Representatives, “bad actors” who run websites that infringe upon the rights of copyright owners are “unlikely to disclose[] the personal information required by this bill.” Thus, the bill would “allow owners of copyrighted works to indirectly protect their intellectual property.”

Opponents of the bill criticize it on a number of grounds. For instance, the Electronic Frontier Foundation argues that the bill’s definition of “commercial recording or audiovisual work” — that is, any work that the work’s “owner, . . . agent, or licensee has disseminated or intends to disseminate” — is too abstract and vague. Indeed, a work may be “commercial” under the bill “regardless of whether a person who electronically disseminates it seeks commercial advantage or private financial gain from the dissemination.” As a result of such a broad terminology, virtually anyone could potentially seek a court order to disclose the name and physical address of a covered website’s owner. ArsTechnica provides additional analysis of the proposed bill. (more…)

Posted On Mar - 18 - 2015 Add Comments READ FULL POST

By Amanda Liverzani – Edited by Yunnan Jiang

Brief of American Civil Liberties Union et al. as Amici Curiae Supporting Plaintiff, Pro-Football, Inc. v. Amanda Blackhorse et al., No. 12-1043 (E.D. Va. Mar. 5, 2015) ECF No. 76-2.

Football season may be over, but the trademark battle over the Washington Redskins’ team name, mascot, and logo is raging on in federal court. The NFL team has faced heated controversy over its continued use of the term “Redskins,” which is considered by some to be an offensive racial slur for Native Americans. See Redskins Forever?, The New Yorker (May 10, 2013), http://www.newyorker.com/news/sporting-scene/redskins-forever.

On March 5th, the ACLU filed an amicus brief in Pro-Football, Inc. v. Amanda Blackhorse et al. supporting the NFL team’s right to register six trademarks (the “Redskins marks”). The matter is currently before the United States District Court for the Eastern District of Virginia, following an appeal by Pro-Football, Inc. (d/b/a the Washington Redskins) of a June 2014 order by the Trademark Trial and Appeal Board (“TTAB”) of the U.S. Patent and Trademark Office (“PTO”) cancelling the Redskins marks.  Brief of American Civil Liberties Union et al. as Amici Curiae Supporting Plaintiff, Pro-Football, Inc. v. Amanda Blackhorse et al., No. 12-1043 (E.D. Va. Mar. 5, 2015) ECF No. 76-2 (henceforth “Brief”).

In rejecting the Redskins marks, the TTAB relied on Section 2(a) of the Lanham Act which prohibits registration of any trademark consisting of “immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute,” 15 U.S.C. § 1052(a), ultimately finding that the Redskins marks were disparaging to Native Americans, Blackhorse v. Pro-Football, Inc., 111 U.S.P.Q.2d 1080, 2014 WL 2757516, at *29(T.T.A.B. 2014).

(more…)

Posted On Mar - 17 - 2015 Add Comments READ FULL POST

By Patrick Gallagher

FCC Announces New Net Neutrality Rules

On Thursday, the Federal Communications Commission released a 313-page rule document outlining its new Internet regulations subsequent to its decision two weeks ago to regulate broadband Internet service as a public utility. Some of the key provisions include rules against blocking non-illegal content, discretionary changes to the speed of online content delivery, and prioritization of web traffic speed to paying sites by Internet service providers. The framework calls for case-by-case adjudication in response to any disputes arising out of the regulations. A House bill has been introduced that would limit the FCC’s power under the current scheme.

(more…)

Posted On Mar - 17 - 2015 Add Comments READ FULL POST
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
Unknown

Federal Circuit Flas

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

Unknown

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 ...

Unknown

Federal Circuit Flas

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

Photo By: darkuncle - CC BY 2.0

Pass the Patented Pe

  [caption id="attachment_3359" align="alignleft" width="150"] Photo By: darkuncle - CC BY ...