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

Observing Mauna Kea’s Conflict

Written by: Aaron Frumkin

Edited by: Anton Ziajka

Believing the machinery desecrates their sacred summit and the scarce natural resources it shelters, native Hawaiians have opposed telescope development on Mauna Kea. While it seems that their beleaguered resistance to telescope development will fail yet again with the proposed Thirty Meter Telescope (TMT), this Note attempts to articulate their best arguments in hopes of properly framing the social costs associated with the great scientific and technological gains that TMT will surely provide.

Read More...

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...

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

By Jeanne Jeong

UnknownSummary Judgment Finding Patent Claim Invalid as Indefinite Reversed and Remanded Due to Specification and Prosecution History

The United States Court of Appeals for the Federal Circuit in Eidos Display, LLC v. AU Optronics Corp. reversed and remanded the United States District Court for the Eastern District of Texas grant of summary judgment finding that Eidos Display, LLC and Eidos III, LLC’s (Eidos) patent claim of U.S. Patent No. 5,879,958 (‘958 patent) was invalid as indefinite.  Eidos Display, LLC v. AU Optronics Corp., 14-1254 (Fed. Cir. Mar. 10, 2015).  The Federal Circuit held that in light of the specification and prosecution history, the claim informed relevant parties with reasonable certainty about the “scope of the claimed invention.”  Eidos at 2.  Eidos alleged that AU Optronic infringed claim 1 of 958 patent, which concerns manufacturing processes for an electro-optical device such as an LCD panel.  Id. at 3.  The limitation at issue involved the construction of the claim’s language, “contact hole for source wiring and gate wiring connection terminals.”  Id. at 10.  Finding that the specifications did not deviate from known industry practice at the time the patent was filed, the history of the patent, and the text of the specification itself, the court adopted Eidos’s construction and concluded that a person of ordinary skill in the art would understand that the language at issue meant separate contact holes for source wiring connection terminals and gate wiring connection terminals.  Id. at 11-15.

http://www.cafc.uscourts.gov/images/stories/opinions-orders/14-1254.Opinion.3-6-2015.1.PDF

 

District Court Grant of Summary Judgment Finding Affirmed

The United States Court of Appeals for the Federal Circuit in American Energy Co., LLC ex rel. Exelon Generation Co., LLC v. United States affirmed the United States Court of Federal Claims’ decision granting summary judgment below based on the economic performance requirement of 42 U.S.C. § 461(h).  Amergen Energy Co., LLC ex rel. Exelon Generation Co., LLC v. United States, 14-5067 (Fed. Cir. Mar. 11, 2015).  Finding that the district court properly found § 461(h) pertained to the case, the court further determined based on the statutory text that the “all events test” is not limited to expense deductions and applies to basis calculation.  Amergen at 2. Because AmerGen did not economically perform the decommissioning during the relevant tax years, the court held that AmerGen may not, on its 2001 through 2003 tax returns, include future nuclear decommissioning liabilities from its purchase of three nuclear power plants for calculating the basis of an acquired nuclear power plant and associated assets.  Id. at 10-15.

http://www.cafc.uscourts.gov/images/stories/opinions-orders/14-5067.Opinion.3-9-2015.1.PDF

Posted On Mar - 15 - 2015 Add Comments READ FULL POST

By Ken Winterbottom

Judicial Watch Sues to Reveal Clinton Emails

Conservative political watchdog group Judicial Watch filed a lawsuit against the U.S. Department of State last Wednesday seeking to compel disclosure of email correspondence between then-Secretary of State Hillary Clinton and Nagla Mahmoud, the wife of former Egyptian president Mohamed Morsi. Mahmoud previously threatened to publish the emails last August, as evidence of an alleged “special relationship” between the Obama and Morsi administrations that President Obama disavowed when Morsi’s government was overthrown in the 2013 Egyptian coup d’état. Morsi was a leading member of the Muslim Brotherhood, an organization later labeled a terrorist organization by Egypt’s successor government. Within a few weeks of Mahmoud’s threat, Judicial Watch filed a Freedom of Information Act request seeking access to the emails. Because the State Department has not yet responded, the watchdog group is now suing to compel the release of the emails, possibly as a move to damage Clinton’s reputation in anticipation of the upcoming presidential election.

(more…)

Posted On Mar - 11 - 2015 Add Comments READ FULL POST

By Jenny Choi – Edited by Anton Ziajka

lenovo-n20p-010Jessica N. Bennett v. Lenovo (United States), Inc., and Superfish, Inc., No. 15-CV-00368 (S.D. Cal. filed Feb. 19, 2015)

Lenovo is facing backlash from security experts for pre-installing adware called Superfish on some of its computers. Superfish detects advertisements on websites and replaces them with targeted images based on the user’s browsing habits, AnAndTech reports. Lenovo explained that it pre-installed Superfish to help its users make more informed choices by replacing advertisements with ones that potentially offer lower prices. However, Superfish threatens users’ privacy and data security, ArsTechnica describes in detail here and here.

On February 19, 2015, plaintiff Jessica N. Bennett filed a class action lawsuit in federal court for the Southern District of California against Lenovo and Superfish for pre-installing Superfish on a Lenovo-made laptop that she purchased. Ms. Bennett’s complaint states claims against both defendants for violations of California’s Invasion of Privacy Act, the Federal Wiretap Act, and California’s Unfair Competition Law; and for common law trespass to personal property. MaximumPC reports on the lawsuit. (more…)

Posted On Mar - 10 - 2015 Add Comments READ FULL POST

By Lan Du – Edited by Sarah O’Loughlin

hp-a-fcc-wireless-100340081-origOn February 26, along with the decision in favor of net neutrality, the Federal Communications Commission (“FCC”) voted to preempt the North Carolina and Tennessee state laws preventing the expansion of community broadband networks.  The vote was split 3-2 along party lines, with the Chairman Tom Wheeler joined by fellow Democrats Mignon Clyburn and Jessica Rosenworcel.

The FCC order came in response to petitions filed by two municipal broadband networks: the City of Wilson, North Carolina and the Electric Power Board (EPB) of Chattanooga, Tennessee.  Both operated broadband networks providing Gigabit-per-second broadband, voice, and video service.  Under Tennessee laws, municipal electric systems like EPB are not allowed to provide internet and cable services out of its electrical system footprints.  A 2011 North Carolina law similarly prevents the City of Wilson from expanding its gigabit fiber network, prohibiting its deployment to any areas in which residents currently have Internet service of at least 786kbps, a speed threshold that falls woefully short of any practical online use and is far below the FCC’s newly revised broadband definition.

In overturning these states laws, the FCC relied on the Section 706 of the Telecommunications Act of 1996. Section 706 requires the FCC to encourage the deployment of broadband to all Americans by using “measures that promote competition in the local telecommunications market, or other regulating methods that remove barriers to infrastructure investment.”  The FCC concluded that the subjected provisions of the Tennessee and North Carolina laws erected such barriers, conflicting with the federal regulation provided by Section 706. (more…)

Posted On Mar - 10 - 2015 Add Comments READ FULL POST
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
Photo By: Jeff Ruane - CC BY 2.0

Observing Mauna Kea'

Written by: Aaron Frumkin Edited by: Anton Ziajka I.     Introduction Perched quietly atop ...

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 ...