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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Radio Systems Corp. v. Lalor
By Craig Fratrik – Edited by Kathleen McGuinness

Radio Systems Corp. v. Lalor, No. 2012-1233, 2013 WL 811757 (Fed. Cir. Mar. 6, 2013)
Slip opinion

The Court of Appeals for the Federal Circuit affirmed in part, reversed in part, and remanded the decision of the Western District of Washington, which had ruled that Tom Lalor and Bumper Boy (“Bumper Boy”) were barred under equitable estoppel from bringing certain patent infringement claims and that none of Radio Systems’ other designs were infringing.

Agreeing with the lower court, the Federal Circuit held that Bumper Boy’s four years of silence after sending a letter claiming infringement prevented them from bringing claims based on the patent referred to in the letter. However, in a divided opinion, the court reversed the lower courts and held that equitable estoppel would not apply to a continuation-in-part patent that Bumper Boy received after it sent its initial letter.

Writing for the Law Technology & Arts Blog, Aaron Orheim provides a good overview of the case. At Patently-O, Dennis Crouch considers how the decision might have changed with different facts and how patentees might change their behavior. (more…)

Posted On Mar - 23 - 2013 Comments Off READ FULL POST

SOFA Entm’t, Inc. v. Dodger Prods., Inc.
By Erica Larson – Edited by Alex Shank

SOFA Entm’t, Inc. v. Dodger Prods., Inc. No. 2:08-cv-02616 (9th Cir. Mar. 11, 2013)
Slip Opinion

Photo By: bagaballCC BY 2.0

The Ninth Circuit affirmed the decision of the District Court for the Central District of California to grant summary judgment and award attorneys’ fees to Dodger Productions, Inc. (“Dodger”) in its suit against SOFA Entertainment, Inc. (“SOFA”).

In an opinion by Judge Trott, the court concluded that Dodger’s unlicensed use of a clip from the Ed Sullivan Show fell squarely within the fair use exception. In so holding, the court stated that the use was transformative and the clip used was not at the core of the copyrighted work. In addition, the court awarded attorneys’ fees to Dodger, on the grounds that SOFA should have known that it had little chance of success.

Dan Levine, writing for Thomson Reuters, offers a concise overview of the case. All Media Law provides a more detailed discussion. In her blog, Rebecca Tushnet focuses on the court’s use of fees to send a message about the purposes of copyright. (more…)

Posted On Mar - 19 - 2013 Comments Off READ FULL POST

By Samantha Rothberg

Flash DigestReuters Employee Indicted for Conspiring with Anonymous to Hack News Site

A federal grand jury indicted Reuters’ deputy social media editor Matthew Keys for allegedly conspiring with the hacking group Anonymous, Reuters reports. The indictment claims that in 2010, shortly after being fired from his job with a Sacramento television station owned by the Tribune Company, Keys gave Anonymous members a username and password linked to the company’s server. A hacker nicknamed “Sharpie” then used the log-in credentials to hack the Los Angeles Times website, changing the text and headline of a news story. Keys has been charged with three criminal counts, including conspiracy to cause damage to a protected computer, and faces a maximum sentence of up to 25 years in prison and up to $750,000 in fines.

Federal Judge Allows FTC to Serve International Defendants via Facebook

A U.S. District Judge granted the FTC’s request to serve documents via email and Facebook to defendants in India who are accused of scamming U.S. consumers, reports Evan Brown at internetcases. In his opinion granting the request, Judge Paul Engelmayer noted that service by email and Facebook is not prohibited by international agreement. Furthermore, Judge Engelmayer found that service by email and Facebook comports with due process requirements in this case because it is “reasonably calculated” to provide the defendants with notice, particularly given evidence showing that the Facebook and email accounts in question are actually owned and used by the defendants. While Judge Engelmayer noted that courts must be open to the possibility of “service via technological means of then-recent vintage,” he also expressed skepticism that service via Facebook alone would be sufficient to meet due process requirements.

D.C. Circuit Reinstates ACLU Lawsuit Seeking Information on CIA’s Role in Drone Strikes

The U.S. Court of Appeals for the District of Columbia reinstated an American Civil Liberties Union lawsuit seeking CIA documents relating to the agency’s drone program, Bloomberg reports. The ACLU filed a Freedom of Information Act request in 2010 for records disclosing the legal basis for the use of drones to kill civilians abroad, and the CIA argued that to confirm or deny the existence of the drone program would pose a threat to national security. A district court accepted the CIA’s reasoning and dismissed the case in 2011, but the appeals court rejected their argument and sent the case back to the district court for further proceedings. The court ruled that since the drone targeting program had been publicly acknowledged by senior administration officials, including President Barack Obama, former Defense Secretary Leon Panetta, and current CIA Director John Brennan, the agency had waived its right to withhold the information.

Google Settles Street View Lawsuit, Acknowledges Privacy Violations

Google has settled a lawsuit brought by 38 states regarding privacy violations by its Street View team, reports the New York Times. Google acknowledged that its Street View mapping vehicles violated people’s privacy by secretly collecting personal information from millions of unprotected wireless networks across the country. The settlement requires Google to pay a modest $7 million fine and meet several specific privacy benchmarks, including setting up a privacy program within six months, offering privacy certification and training programs for its employees, and launching a comprehensive effort via YouTube, online ads, and newspaper ads to educate consumers about easy ways to encrypt their wireless networks.

 

Posted On Mar - 18 - 2013 Comments Off READ FULL POST

United States v. Cotterman
By Casey Holzapfel ­– Edited by Jessica Vosgerchian

United States v. Cotterman, No. 09-10139 (9th Cir. March 8, 2013)
Slip opinion

In an en banc decision, the United States Court of Appeals for the Ninth Circuit reversed a decision of the District Court of Arizona suppressing evidence found in a laptop seized by border agents.

The Ninth Circuit held that comprehensive searches of electronic devices must meet a standard of reasonable suspicion of criminal activity, extending the standard for searches conducted away from the point of entry to forensic examinations of computers carried out as part of a border search. The Ninth Circuit reversed the district court after finding that the agents did meet that standard.

Wired comments on the authorization of “blank check” search rules for electronics by the executive branch. Ars Technica and Politico provide a comprehensive overview of the dissenting opinions. (more…)

Posted On Mar - 15 - 2013 Comments Off READ FULL POST

Gunn v. Minton
By Laura Fishwick – Edited by Charlie Stiernberg

Gunn v. Minton, No. 11-1118, 2013 WL 610193 (U.S. Feb. 20, 2013)
Slip Opinion

In a unanimous decision, the Supreme Court of the United States reversed and remanded a decision of the Supreme Court of Texas, Minton v. Gunn, 355 S.W.3d 634 (Tex. 2011), by finding that state courts can have jurisdiction over a legal malpractice claim based on an underlying patent matter. The Supreme Court of Texas had held that the case involved a substantial federal issue sufficient to trigger 28 U.S.C. § 1338(a)—which provides that “[f]ederal courts have exclusive jurisdiction over cases ‘arising under any Act of Congress relating to patent’”—because the resolution of the case turned on evaluation of an “experimental use” defense to anticipation under the on-sale bar of 35 U.S.C. § 102(b).

In the 1990s, Vernon Minton developed and patented a computer program and telecommunications network used for securities trading. Minton filed an infringement suit in federal district court against the National Association of Securities Dealers, Inc. (NASD) and the NASDAQ Stock Market, Inc. The district court declared Minton’s patent invalid on the basis of § 102(b)’s on-sale bar, because Minton had leased his patented program more than one year before filing his application. The district court further denied Minton’s motion for reconsideration, which argued for the first time that the lease agreement was part of ongoing testing qualifying under the “experimental use” exception to anticipation. The Federal Circuit affirmed, reasoning that Minton had waived this defense by not bringing it earlier. Minton then brought suit against his attorneys in Texas state court for failure to raise the experimental use argument. The state court rejected Minton’s argument, finding “less than a scintilla of proof” in his favor. Gunn, slip op. at 3. Minton appealed, arguing inter alia that the state trial court’s order should be vacated and the case dismissed because federal courts had exclusive jurisdiction over his patent law claim under § 1338(a).

Patently-O provides an overview of the case, and PatentDocs gives more detailed descriptions of the Court’s arguments. SCOTUSblog discusses the major holdings and impact for the Federal Circuit. (more…)

Posted On Mar - 12 - 2013 Comments Off READ FULL POST
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Silk Road 2.0 Takedo

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Flash Digest: News i

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