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

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...

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

California Sex Offender Internet Identification Law Held Unenforceable

By Jesse Goodwin – Edited by Michael Shammas

The 9th Circuit Court of Appeals affirmed a district court ruling granting a preliminary injunction prohibiting of the Californians Against Sexual Exploitation (“CASE”) Act. In a unanimous ruling, a three-judge panel held that requiring sex offenders provide written notice of “any and all Internet identifiers” within 24 hours to the police likely imposed an unconstitutional burden on protected speech.

Read More...

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

Congress Fails to Pass Act Limiting Collection of Phone Metadata

By Henry Thomas – Edited by Paulius Jurcys

The Senate failed to reach closure and bring the USA FREEDOM Act to a vote. The Act would have extended provisions of the Patriot Act, but would have sharply curtailed the executive’s authority to collect phone conversation metadata. While the bill had broad popular support, the vote failed largely along party lines, passing the onus of drafting and approving a new bill onto the next congressional session.

Read More...

By: Yunnan Jiang

Federal Circuit denies appeal in Baraclude patent case

On October 20, the Federal Circuit declined to hear an appeal by Bristol-Myers Squibb Co.’s (“BMS”). The denial follows a United States District Court for the District of Delaware decision that held the composition of matter patent covering entecavir, US patent 5,206,244 invalid as obvious, which would allow Israel-based Generics giant Teva Pharmaceutical Industries to launch generic production upon the FDA’s final approval. Entecavir is the active ingredient of Baraclude, which is an antiviral medicine developed by scientists at BMS. Baraclude is approved in the United States for the treatment of hepatitis B in adults who have active virus and liver damage and is the global market leader in oral treatments for hepatitis B, with global sales of over $1 billion in 2013.  The district court decided that the invention of entecavir was obvious at the time of its effective filing date and rejected evidence postdating the invention to establish unexpected results.

Federal Circuit denies fee-shifting sanction in patent infringement action over Pfizer

In AntiCancer, Inc. v. Pfizer, Inc, No. 13-1056 (Fed. Cir. October 20, 2014), the United States Court of Appeals for the Federal Circuit remanded the United States District Court for the Southern District of California’s decision to grant summary judgment for Pfizer and impose a fee-shifting sanction on AntiCancer as a condition of supplementing their infringement contentions. AntiCancer field a lawsuit against Pfizer in the United States District Court for the Southern District of California for breach of a license agreement, which the district court found “woefully insufficient”, “vague”. However, on appeal, the Federal Circuit rejected such evidence as basis for bad faith and held that the district court exceeded their discretionary authority in imposing such fee-shifting sanction.

Federal Circuit rejects patent infringement for products sold oversees

In Halo Electronics, Inc., v. Pulse Electronics Inc., No. 13-1472 (Fed. Cir. October 22, 2014), the United States Court of Appeals for the Federal Circuit affirmed the United States District Court for the District of Nevada’s decision finding no direct infringement of the Halo patents for products Pulse manufactured, shipped, and delivered outside the U.S. The Federal Circuit further affirmed district court’s decision finding direct infringement of the Halo patents for pulse products delivered in the United States and inducement for products Pulse delivered outside the United States but were imported into the United States by others. In this decision, the Federal Circuit court rejected Halo’s argument that domestic sale reduction resulted from Halo’s oversee sale and sales negotiations conducted within the United States for sales oversees constituted evidence for patent infringement.

 Yunnan Jiang is a 1L at Harvard Law School.

Posted On Nov - 12 - 2014 Add Comments READ FULL POST

By Cristina Carapezza

Federal Appeals Court Weighs NSA’s Surveillance Program

A three-judge panel on the U.S. Court of Appeals for the D.C. Circuit on Tuesday heard arguments over whether the National Security Agency’s surveillance of millions of Americans’ phone records violates the Constitution’s protection against unreasonable searches and seizures. The panel questioned whether the program, which is conducted under the Patriot Act, is an invasion of privacy if the NSA merely collects the data without using it. Arguing against the NSA program, attorney Larry Klayman argued that the program represents “possibly the biggest violation of freedom in constitutional history.”  Klayman won the first ruling last December when U.S. District Judge Richard Leon, ruled that the NSA’s surveillance program “almost certainly” violates the Constitution.

Argentine Supreme Court Rules on Liability of Internet Intermediaries

The Argentine Supreme Court in R.M.B. c/Google y ot. s/ Ds y Ps (Fallo R.522.XLIX) issued a ruling largely favorable to search engines on whether internet intermediaries, in this case Google and Yahoo, are liable for linking in search results to third-party content that violates fundamental rights or infringes on copyright. At the end of October, the Court established that intermediaries would only be liable for not removing third-party infringing content after being notified by a court of its illegality and the affected party. In this case, the plaintiff did not notify Google and Yahoo prior to the lawsuit. The Court also ruled that search engines are not required to proactively monitor search engines to permanently block links to infringing content.

3D Printed Plastic Guns Withstand New Ammunition Design

Michael Crumling, a 25-year old amateur gunsmith from Pennsylvania, developed a new type of ammunition designed specifically for a 3D printed plastic gun. Typically, the plastic cannot hold up after multiple shots of an exploding metal bullet. However, Crumling constructed a thicker steel shell to house the lead bullet inside. The shell acts as a buffer between the exploding round’s gunpowder and the plastic of the gun by absorbing much of the impact. The U.S. Bureau of Alcohol Tobacco and Firearms has stressed the unreliability and danger of 3-D printed weapons. Selling your own manufactured ammunition in the United States requires a Federal Firearms License. Crumling has no plans to sell the ammunition but is sharing his ammunition designs online.

Posted On Nov - 11 - 2014 Add Comments READ FULL POST

By Michelle Goldring – Edited by Paulius Jurcys

President & Fellows of Harvard v. Lee, No. 2013-1628 (Fed. Cir. October 29, 2014)

Slip Opinion

The United States Court of Appeals for the Federal Circuit affirmed the United States District Court for the Eastern District of Virginia, which had granted summary judgment to the Patent and Trademark Office. Slip op. at 2. On de novo review, the Court of Appeals upheld the district court’s finding that Harvard’s third patent on a gene sequence used to make research animals more susceptible to cancer had expired and was not eligible for new claims under 37 C.F.R. § 1.530(j). Id. at 4.

In affirming the grant of summary judgment, the United States Court of Appeals for the Federal Circuit applied the arbitrary and capricious standard in the Administrative Procedure Act to prior court’s determination that the second patent had expired. Id. at 5. Harvard had filed a terminal disclaimer with the second patent, which was intended to run with the patent and any related patents. Id. at 3. It “disclaimed any portion of the term ‘of any patent granted on the above-identified application or on any application which is entitled to the filing date of this application under 35 U.S.C. § 120.” Id. (citing J.A. 1271–72). However, Harvard then argued that the disclaimer was invalid because Harvard had never paid the related fee and the PTO had not properly entered it. Id. at 56. The court reasoned that the rational basis standard had been met, based on the evidence Harvard provided. Id. at 9.

PatentDocs.org provides a detailed overview of the decision and the underlying patents.  (more…)

Posted On Nov - 11 - 2014 Add Comments READ FULL POST

By Michelle Goldring – Edited by Jesse Goodwin

Letter from ACLU and EFF to Williamson Cnty. Sch. Dist. (Oct. 27, 2014) (letter hosted by EFF.org)

Williamson County Schools Technology Policy

The American Civil Liberties Union of Tennessee (“ACLU”) and Electronic Frontier Foundation (“EFF”) wrote a letter to the superintendent and board of Williamson County Schools (“WCS”) in response to its new technology policy, protesting certain provisions and asking the board to alter those terms. In the letter, the ACLU and EFF raise concerns about specific portions of the policy that would limit students’ right to freely use social media even when outside the school and which would permit students’ devices to be searched with very few restrictions. In particular, they argue that these portions of the policy offend students’ First and Fourth Amendment rights, respectively.

The Washington Post and The Tennessean provide overviews of the ACLU and EFF’s concerns.  Wired includes some additional factual background. EFF also released its own summary of the letter. (more…)

Posted On Nov - 10 - 2014 Add Comments READ FULL POST

By Michael Shammas

High-Profile Patent Attorney Edward Reines Publically Reprimanded by Federal Circuit for Sharing Email Including Former Chief Judge Randall Rader’s Effusive Praise

Following a high-profile scandal in which US Circuit Judge Randall Rader stepped down for an “ethical breach” in which he emailed effusive praise to an attorney who appeared frequently before his court, the Federal Circuit issued an order publically reprimanding the compliments’ recipient for disseminating Rader’s email to prospective clients. The email read, in part, “You were alone and IMPRESSIVE in every way. In both cases, you knew the record cold and handled every question with confidence and grace.” Reines told clients that such praise was “quite unusual,” which the Federal Circuit interpreted as implying an improper relationship with a Federal Circuit judge. Because of a spotless past, discipline was limited to the public reprimand.

Federal Circuit Affirms Court of International Trade’s Decision in a Loss for Victoria’s Secret, in Case Where the Level of “Coverage” and “Support” Offered by Intimate Apparel Proved Key

The Court of Appeals for the Federal Circuit (“CAFC”) affirmed the Court of International Trade’s decision holding that the proper classification for one line of the company’s cotton tops is under 6114.20.00 as “other garments.” CAFC reasoned that the intimate apparel has two purposes, “coverage and support,” and that it cannot be classified as a brassiere because it can be worn in public. Victoria’s Secret brought the litigation because it disagree with Customs and Border Protection’s decision to classify the cotton garments as “tank tops” with a 16.5 percent duty. CAFC’s affirmation of the Court of International Trade decision is a middle of the road approach.

Fee-Shifting Reversed in AntiCancer, Inc. v. Pfizer (Fed. Cir. 2014), as Contentious Legal Battle Expected to Continue

AntiCancer, Inc. owns patents for technology linked to gene expression imaging using a green fluorescent protein related to a gene promoter. The protein comes from Aequorea victoria, a species of green-glowing jellyfish, and the patented inventions are thought to be useful for, among other things, cancer treatment. The district court entered summary judgment of noninfringement on a procedural aspect, then imposed a fee-shifting sanction as a condition of permitting AntiCancer, Inc. to supplement the Preliminary Infringement Contentions and overcome summary judgment. On Oct. 20, the Federal Circuit vacated the condition and remanded the case, finding that there was no reasonable basis for the finding of bad faith required to sustain the fee-shifting sanction.

Posted On Nov - 10 - 2014 Add Comments READ FULL POST
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
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 ...

computer-typing1

California Sex Offen

By Jesse Goodwin – Edited by Michael Shammas Doe v. Harris, ...

nsa-tracking-phone-records-325x337

Congress Fails to Pa

By Henry Thomas – Edited by Paulius Jurcys USA FREEDOM Act ...