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Newegg Wins Patent Troll Case After Court Delays

By Kasey Wang – Edited by Yunnan Jiang and Travis West

The District Court for the Eastern District of Texas recently issued a final judgement for online retailer Newegg, twenty months after trial, vacating a $2.3 million jury award for TQP. TQP, a patent assertion entity commonly known as a “patent troll,” collected $45 million in settlements for the patent in question before Newegg’s trial.

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The Evolution of Internet Service Providers from Partners to Adversaries: Tracking Shifts in Interconnection Goals and Strategies in the Internet’s Fifth Generation

By Robert Frieden – Edited by Marcela Viviana Ruiz Martinez, Olga Slobodyanyuk and Yaping Zhang

In respone to increasing attempts by Internet Service Providers to target customers who trigger higher costs for rate increases, the FCC and other regulatory agencies worldwide have stepped in to prevent market failure and anticompetitive practices. This paper will examine new models for the carriage of Internet traffic that have arisen in the wake of these changes.

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The Global Corporate Citizen:  Responding to International Law Enforcement Requests for Online User Data 

By Kate Westmoreland – Edited by Yunnan Jiang

This paper analyses the law controlling when U.S.-based providers can provide online user data to foreign governments. The focus is on U.S. law because U.S. dominance of internet providers means that U.S. laws affect a large number of global users. The first half of this paper outlines the legal framework governing these requests. The second half highlights the gaps in the law and how individual companies’ policies fill these gaps.

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3D Printing, Net Neutrality, and the Internet: Symposium Introduction

By Deborah Beth Medows – Edited by Yaping Zhang

Jurists must widely examine the pervasive challenges among the advents in Internet and computer technology in order to ensure that legal systems protect individuals while  encouraging innovation.  It is precisely due to the legal and societal quagmires that 3D printing and net neutrality pose that ideally position them as springboards from which to delve into broader discussions on technology law.

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A Victory for Compatibility: the Ninth Circuit Gives Teeth to RAND Terms

By Stacy Ruegilin – Edited by Ken Winterbottom

Microsoft won a victory in the Ninth Circuit last Thursday after the court found that Motorola, a former Google subsidiary, had breached its obligation to offer licenses for standards-essential technologies at reasonable and non-discriminatory rates. The court affirmed a $14.52 million jury verdict against Motorola for the breach.

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Written By: Natalie Kim
Edited By: Alex Shank

Introduction

Amidst heated debate and unprecedented lobbying in Brussels, European Union lawmakers are currently drafting a General Data Protection Regulation (“DPR”) to replace the outdated 1995 Data Protection Directive. The 1995 Directive has been criticized for being technologically outdated and cumbersome to follow. If enacted, the DPR will be among the toughest data protection laws in existence. Regardless of enaction, the DPR signifies a growing rift between EU and U.S. data protection ideals. (more…)

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

Written by: Suzanne Van Arsdale
Edited by: Michelle Sohn

Introduction

On May 21, 2013, Twitter launched version 1.0 of the Innovator’s Patent Agreement (“IPA”), which formalizes a company’s commitment to non-offensive patenting and leaves some control in the hands of inventors.

This Comment addresses the incentives for and legal implications of adopting the IPA. Part I broadly discusses the content of the IPA and its adoption. Part II reviews the software industry’s concerns and current practices. Part III examines the practical effect of adopting the IPA, its scope, and its binding and defensive nature. Part IV reviews other defensive patenting mechanisms and compares them to the IPA. (more…)

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

By Jonathan Sapp – Edited by Alex Shank

Photo By: Glen Edelson - CC BY 2.0

Photo By: Glen EdelsonCC BY 2.0

In June, a British high court ruled in favor of Volkswagen by enjoining Flavio Garcia from publishing an academic paper that sought to expose weaknesses in Volkswagen’s automobile security systems. In the paper, Garcia revealed secret codes used to activate the ignition systems of several luxury vehicles including those by Audi, Bentley, Lamborghini, and Porsche. The British court’s ruling is the latest in the battle against researchers who expose security systems’ flaws through hacking.

The Guardian provides a thorough analysis of the case. Ars Technica cautions against the “Internet of automobiles” and discusses the latest trend in car hacking: brake and speed tampering. Extreme Tech offers insight into security system hacking and suggests that boats and planes are not immune. (more…)

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

The Charles Machine Works, Inc. v. Vermeer Manufacturing Co.
By Mengyi Wang – Edited by Kathleen McGuinness

The Charles Machine Works, Inc. v. Vermeer Manufacturing Co., No. 12-1578 (Fed. Cir. July 26, 2013)
Slip Opinion

20130807 Charles Machine Works v. VermeerOn July 26, the U.S. Court of Appeals for the Federal Circuit vacated-in-part, affirmed-in-part, and reversed-in-part a lower court’s summary judgment of noninfringement, literally or under the doctrine of equivalents, as to Vermeer Manufacturing Company’s (“Vermeer”) commercial products and non-commercial prototypes.

In a unanimous opinion, the Federal Circuit held that The Charles Machine Works (“CMW”) lacked notice that the non-commercial prototypes were within the scope of summary judgment and therefore vacated the relevant part of the lower court’s decision. For the commercial products, the court affirmed the finding of no literal infringement but reversed the grant of summary judgment regarding non-infringement under the doctrine of equivalents. It reasoned that the lower court had improperly discounted CMW’s expert testimony that established genuine factual disputes about equivalence.

Patently-O summarizes the history of the litigation and briefly explains the court’s ruling. Finnegan and McKenna Long & Aldridge feature analyses of prior Federal Circuit jurisprudence regarding the doctrine of claim vitiation. (more…)

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

Fox Broadcasting Co. v. Dish Network
By Simon Heimowitz – Edited by Samantha Rothberg

Fox Broadcasting Co. v. Dish Network, No. 12-57048 (9th Cir. July 24, 2013)
Slip Opinion, hosted by eff.org

The United States Court of Appeals for the Ninth Circuit affirmed a district court decision to deny Fox Broadcasting Company’s (“Fox”) request for a preliminary injunction against Dish Network’s (“Dish”) “AutoHop,” a product associated with Dish’s “Hopper.” The Hopper allows subscribers to automatically record Fox’s primetime television shows and then view them with the commercials fast-forwarded, without manual user involvement.

The Ninth Circuit held that the district court did not abuse its discretion in deciding that Fox “did not demonstrate a likelihood of success on its copyright infringement and breach of contract claims regarding Dish’s implementation of [two television recording products].” Fox Broadcasting Co. v.  Dish Network, No. 12-57048, slip op. at 10 (9th Cir. July 24, 2013). The court determined that Dish Network was not responsible for directly infringing Fox’s copyright because the consumer initiates the copying process, not Dish Network. Id. at 12. The court also ruled that Dish would not be held liable for secondary infringement because although Fox carried its burden of proving direct infringement by consumers, Dish successfully raised an “affirmative defense that its customers’ copying was a ‘fair use.’” Id. at 13 (citation omitted). The court affirmed that Fox was unlikely to succeed on its breach of contract claims against Dish, noting that the commercial-skipping function of the Hopper product “does not implicate Fox’s copyright interest because Fox owns the copyrights to the television programs, not to the ads aired in the commercial breaks.” Id. at 14–15. The Ninth Circuit considered a number of related precedents in determining that the Hopper’s noncommercial time-shifting function was non-infringing fair use. See id. at 13–15.

The New York Times and Reuters provide an overview of the case. Ars Technica features an analysis of the decision and provides detailed context regarding the rancorous history between Dish and major TV networks over the Hopper. (more…)

Posted On Aug - 6 - 2013 Comments Off READ FULL POST
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