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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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Flash DigestBy Katie Mullen

ITC Ruling May Bar Sales of Some Apple Products in the US

This week, the International Trade Commission found that Apple infringed a Samsung patent relating to 3G wireless technology and the capacity to transmit various services correctly at the same time, the BBC reports. This ruling may mean that some older models of the iPad and iPhone can no longer be sold in the United States. However, a spokesperson for Apple said, “Today’s decision has no impact on the availability of Apple products in the United States.” The company plans to appeal.

Child Pornography Suspect Granted Temporary Reprieve from Decrypting Hard Drive

This Tuesday, a federal judge in Wisconsin lifted a court order requiring child pornography suspect Jeffrey Feldman to decrypt his hard drives for the FBI, writes CNET. The judge gave the reprieve in response to an emergency motion by Feldman’s attorney for additional time to prove that the order would violate Feldman’s Fifth Amendment right against self-incrimination. Judge Rudolph Randa temporarily lifted threats of contempt of court and jail time and asked for additional briefs on the matter from the attorneys in the case. A hearing is likely to take place in the fall.

White House Calls for Curbing Patent Troll Litigation

President Obama announced plans this week to take action against businesses that buy up patents with the sole aim of suing entities for infringement, often called “patent trolls,” the New York Times reports. The administration has called for Congress to limit lawsuits against consumers and businesses that use technology. Further, the White House proposed that judges should award attorneys’ fees to defendants who win unwarranted patent cases and would like to make it more difficult for businesses to convince the government to ban the importation of products that potentially rely on patented technology. Finally, the president plans to issue an executive order to improve training for patent examiners.

Apple and Patent Troll Suing Apple Potentially Represented by the Same Lawyer

Apple has essentially been sued by its own law firm. The company discovered that one of the lawyers for Flatworld Interactive LLC, an alleged patent troll who filed a lawsuit claiming that Apple’s touchscreen swipe technology had infringed its patent, was in fact a lawyer for one of its own preferred law firms as well, writes Ars Technica. As a partner at Morgan, Lewis & Bockius, John McAleese had access to a huge amount of Apple’s confidential data, though he was not involved in any cases involving Apple and claims not to have accessed it. At time same time, his wife was an owner of Flatworld, and he helped her draft several documents outlining and implementing the plan to file suit against Apple, or to sell the patent so others could do so.

Posted On Jun - 7 - 2013 Comments Off READ FULL POST

Written by: Susanna Lichter
Edited by: Suzanne Van Arsdale

Security CameraHollie Toups, the first named plaintiff in Toups v. GoDaddy, was harassed for weeks after nude pictures of her appeared on the website Texxxan.com alongside her real name and a link to her Facebook profile. When Toups requested that Texxxan.com remove the pictures, she was told by the website that they could help in exchange for her credit card information.[i] Texxxan.com is a “revenge porn” or “involuntary porn” website.[ii] The website and others like it act as repositories for nude photos of individuals submitted by their former boyfriends, embittered friends, or malicious hackers. On January 18, 2013 Toups and 22 other female plaintiffs whose nude photographs appeared on the website filed a lawsuit in the District Court of Orange County, Texas against Texxxan.com, Texxxan.com’s uploaders and subscribers, and the web hosting and the Internet domain registrar giant GoDaddy.com for invasion of privacy and intentional infliction of emotional distress.[iii] They are seeking temporary and permanent injunctions shutting down Texxxan.com, damages,[iv] and class action certification.

Texxxan.com is one of a number of websites that have emerged in recent years seeking to capitalize on the proliferation of amateur porn facilitated by the digital age, and the humiliation it causes. Some, like Texxxan.com, insert pornographic photos into dating-site-style profiles that include screenshots of or links to the person’s social media pages and real name. Others, like IsAnybodyDown?, include more invasive details such as the person’s phone number, address, school, place of work, and children’s names. Some allow people who submit content to assign the person to categories based on their age, weight, or alleged STD status, such as Your Mom’s Nudes for older women. Underscoring the fact that the postings are malicious and intend to embarrass the victim, websites like You Got Posted feature nude photos in which the person’s face is cropped out or obscured—likely the person taking or sending the image was attempting to preserve some privacy—alongside their name and pictures of their face taken from Facebook, revealing their identity. Websites like MyEx include a space for visitors to anonymously post harassing comments. Because of the breadth of information aggregated on the profiles, revenge porn pages are commonly at the top of Google search results[v] of the person’s name. (more…)

Posted On May - 28 - 2013 2 Comments READ FULL POST

Written by: Evelyn Y. Chang
Edited by: Jessica Vosgerchian

Photo By: Horia VarlanCC BY 2.0

In March of 2012, British Petroleum sought court enforcement of a subpoena for “any conversation or discussion” made by researchers from the Woods Hole Oceanographic Institution (“WHOI”) regarding their studies on the Deepwater Horizon oil spill. WHOI and its researchers were neither parties nor witnesses in the ongoing lawsuits related to the Deepwater spill, but they had contributed data to a government report on the spill, and results of their studies had been cited in the lawsuits. WHOI argued that they had already provided all the information needed to test the study’s veracity, but BP asserted that additional materials, including records of internal deliberations made by the researchers before they published the studies, were necessary for them to challenge the studies’ results. The court applied a balancing test that weighed BP’s need for the requested information against the burden placed on WHOI, and required the WHOI researchers disclose internal pre-publication materials relating to the studies cited in the government report.[i]

Last fall, Science published an editorial by several WHOI researchers whose materials were among those requested by the subpoena. The WHOI researchers argued that BP’s subpoena request amounted to an attack on the independence of scientific inquiry, and advocated for federal legislation to protect researchers from legal harassment when their results contradict entrenched interests. While legislation is the most straightforward method by which the government can protect scientific independence, common law already provides some protection for researchers who may find themselves in a situation similar to that of WHOI.

Discovery of evidence from third parties is nothing new, and many courts hold that the right to obtain evidence from non-parties is sometimes necessary to ensure a fair trial. While the Supreme Court has not directly addressed scientific privilege, lower federal courts have applied a balancing test that weighs the requesting party’s need for the information against the burden that would be placed on the receiving party.[ii] When determining what information must be disclosed, courts have considered several factors, including the completeness of the information, confidentiality of sources, and chilling effects on research.[iii] (more…)

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

Viacom Int’l Inc. v. YouTube, Inc.
By Pio Szamel – Edited by Laura Fishwick

Viacom Int’l Inc. v. YouTube, Inc., 07 Civ. 2103 (S.D.N.Y. April 18, 2013)
Slip opinion

Hacked By Over-XOn April 18, 2013 the U.S. District Court for the Southern District of New York once again granted summary judgment for YouTube in Viacom Int’l Inc. v. YouTube, Inc., on remand from the Second Circuit Court of Appeals. Judge Louis L. Stanton held that YouTube did not have any actual knowledge of any specific infringements of the Viacom content in suit, nor was it willfully blind to any such specific infringements. He also held that YouTube did not have the “right and ability to control” infringing activity for the purposes of 17 USC §512(c)(1)(B), and that YouTube’s transcoding of clips for viewing on mobile devices is protected by the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), 17 USC §512(c).

Reuters has further coverage of the decision, which is hailed by the Electronic Frontier Foundation and Eric Goldman. JOLT Digest previously covered the District Court’s prior grant of summary judgment in favor of YouTube, and the Second Circuit’s decision to vacate part of that prior order and remand for further proceedings. (more…)

Posted On May - 2 - 2013 Comments Off READ FULL POST

Bayer Healthcare Pharm., Inc. v. Watson Pharm., Inc.
By Erica Larson – Edited by Suzanne Van Arsdale

Bayer Healthcare Pharm., Inc. v. Watson Pharm., Inc., No. 12-1397 (Fed. Cir. Apr. 16, 2013)
Slip opinion

Photo By: Nate GriggCC BY 2.0

The Court of Appeals for the Federal Circuit reversed the judgment of the Nevada District Court, which ruled that claims 13 and 15 of Bayer Healthcare Pharmaceuticals, Inc. and Bayer Schering Pharma AG (“Bayer”) U.S. Patent RE37,564 were not invalid for obviousness. The patent claimed a combination of synthetic hormones and dosing regimens used by Bayer in the Yaz birth control pill. Three generic manufacturers—Watson Pharmaceuticals, Inc., Sandoz, Inc., and Lupin Ltd.—filed Abbreviated New Drug Applications (“ANDAs”) with the FDA, including Paragraph IV certifications, 21 U.S.C. 355(j)(2)(A)(vii)(IV), asserting that the patent was invalid.

The Federal Circuit held, first, that the patented combinations were obvious in view of prior art:  two foreign patent applications and four scholarly articles. Bayer Healthcare Pharm., Inc. at 11. A person of ordinary skill in the art would have been motivated by the knowledge disclosed in the prior art to craft Bayer’s combination and would have had a reasonable expectation of success. Id. at 11–12. Second, the court rejected Bayer’s arguments on secondary indicia of non-obviousness relating to unexpected results, expert skepticism, industry praise, and copying. Id. at 10, 15.

Reuters and Bloomberg put this ruling into context by describing Bayer’s continuing legal troubles with Yasmin, the precursor to Yaz; the company faces thousands of legal claims that Yasmin increases the risk of blood clots. (more…)

Posted On Apr - 30 - 2013 Comments Off READ FULL POST
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