A student-run resource for reliable reports on the latest law and technology news
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3D Systems and Formlabs Settled Two-Year Patent Dispute

By Yixuan Long – Edited by Yaping Zhang

On December 1, 3D Systems and Formlabs settled their two-year legal dispute over the 520 Patent infringement. Terms of the settlement are undisclosed. The patent covered different parts of the stereolithographic three-dimensional printing process, which uses a laser to cure liquid plastic. 3D Systems was granted the ‘520 Patent in 1997. Formlabs views the settlement as enabling it to continue its expansion and keep developing new products.

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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.

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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.

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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.

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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.

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USPTO Proposes New Rules for Micro Entity Status
By Jeffery Habenicht – Edited by Dorothy Du

Changes to Implement Micro Entity Status for Paying Patent Fees, 77 Fed. Reg. 31,806 (proposed May 30, 2012) (to be codified at 37 C.F.R. pt. 1).
Federal Register

On May 30, 2012, the PTO published a notice of proposed rulemaking in the Federal Register entitled Changes to Implement Micro Entity Status for Paying Patent Fees. The new rules, to be codified as 37 C.F.R. §1.29, set out the proposed requirements for attaining micro entity status. Although narrow in scope, micro entity status provides a significant reduction in patent fees for those who qualify.

The Leahy-Smith America Invents Act (“AIA”), enacted on September 16, 2011, created the micro entity status. America Invents Act, Pub. L. No. 112-29, §10 (2011) (codified at 35 U.S.C. § 123). Applicants qualifying as a micro entity would be entitled to a 75-percent reduction in fees. Id. §10(b). Although the AIA set forth a definition of what constituted a micro entity, id. §10(g), it left the specifics of implementation to the PTO. Accordingly, the PTO’s proposed rules attempt to clarify who qualifies as a micro entity and establish the procedures for claiming micro entity status, notifying the PTO of a loss of status, and correcting erroneous payments of fees.

On the whole, commentators have generally welcomed the PTO’s proposed rules. PatentDocs provides an overview and analysis of the changes. PharmaPatents explains that that proposed rules help clarify the AIA’s definition of micro entity status but raise questions about potential abuse of the higher education prong. Patently-O also mentions the clarifications provided by the proposed rules and notes that the PTO is seeking comments on whether “applicant” should be changed to “inventor” anywhere in the rules.

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Posted On Jun - 12 - 2012 Comments Off READ FULL POST

California District Court Dismisses Oracle’s Copyright Infringement Claims Against Google, Finds APIs not Copyrightable

By Susanna Lichter – Edited by Jennifer Wong
Oracle America, Inc., v. Google Inc., No. C 10-0361 WHA (N.D. Cal. May 31, 2012) (hosted by Groklaw)

The U.S. District Court of Northern California in San Francisco dismissed Oracle’s claims that Google had infringed Oracle’s copyright in 37 application programming interfaces (“APIs”), holding that the particular elements duplicated in Google’s Android operating system were free for all to use under the Copyright Act.

Oracle filed the billion-dollar lawsuit against Google in August 2010, shortly after acquiring Sun Microsystems, Inc. and its interest in Java, the language used in Android. The suit alleged both copyright and patent infringement by Google’s exact replication of the names, organization, and functions of the APIs.

On May 23 a jury of ten unanimously found that Google did not infringe on patents held by Oracle. Two weeks earlier the jury had unanimously decided that Google infringed Oracle’s copyright in the APIs, but deadlocked on whether Google’s infringement qualified as fair use. Judge William Alsup resolved the copyright claims, finding that the APIs were not copyrightable to begin with. Oracle will be limited to collecting statutory damages for 9 lines of code that were copied from Java, the resulting damages of which may not exceed $150,000.

Wired provides an overview of the case. JOLT Digest reported on the patent claim and
Ars Technica interviewed Google attorneys Kent Walker, and Renny Hwang after the verdict.

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Posted On Jun - 10 - 2012 Comments Off READ FULL POST

By Brittany Horth

United States Orchestrated Cyberattack on Iran’s Main Nuclear Enrichment Facilities with Stuxnet

Interviews with anonymous American, European, and Israeli officials, as well as outside experts, have revealed that President Obama ordered the acceleration of secret cyberattacks, codenamed “Olympic Games,” on Iran’s main nuclear enrichment facilities during his first months in office, reports the New York Times. The attacks were part of an Israel-United States effort to impair the development of Iran’s nuclear program. The order came after the cyberweapon, nicknamed “Stuxnet” by computer security experts, inadvertently became public in the summer of 2010. A programming error allowed it to escape the Natanz nuclear facility and compromise ordinary computers, prompting Obama to temporarily question whether the program should be shut down. The Natanz nuclear facility was nonetheless subsequently attacked by two newer versions of the Stuxnet computer worm that took out approximately 1,000 of its 5,000 centrifuges, but whether the attacks successfully slowed the progress of Iran’s nuclear program remains in dispute among experts and officials. “Olympic Games,” begun during the Bush Administration, raises the issue of whether such activity invites other countries to carry out cyberattacks against the United States, explains Ars Technica.

ABC v. Aereo, WNET v. Aereo Two-Day Preliminary Injunction Hearing Concludes

U.S. District Judge Alison Nathan heard opposing arguments from both television broadcasters and the online television service Aereo in a two-day hearing addressing the television broadcasters’ motion for a preliminary injunction against Aereo, reports The Hollywood Reporter. Aereo, currently available exclusively in New York City, enables subscribers to watch and record live broadcast television through an Internet service for $12 a month by assigning each subscriber to one of several tiny remote antennas in Aereo’s server room, explains Ars Technica and Bloomberg Businessweek. Television broadcasters sued Aereo in March 2012 and allege that Aereo is violating copyrights by retransmitting broadcasters’ programming without paying for the rights to such programming, while Aereo counters that subscribers are legally entitled to access broadcast programming via antennae that just happen to be remote.

Google Files Antitrust Complaint Against Microsoft and Nokia in Europe

Google filed an antitrust complaint with the European Commission alleging that Microsoft and Nokia are colluding to raise the costs of Android mobile devices using patents that Microsoft promised it would not use against its competitors, reports Bloomberg. Google claims that Microsoft and Nokia transferred approximately 2,000 patents and patent applications to Mosaid Technologies last year in order to create “patent trolls” that can bypass the promise and engage in patent litigation that threatens manufacturers of Android handsets, reports Ars Technica. Microsoft and Nokia counter that the complaint is “desperate” and “frivolous” and note that the European Union is already investigating Motorola Mobility, which was acquired by Google, for its abuses of standard-essential patents alleged by Apple and Microsoft.

Posted On Jun - 5 - 2012 Comments Off READ FULL POST

Kentucky District Court Latest to Grapple with Warrantless GPS Tracking after Jones
By Sarah Jeong – Edited by Michael Hoven

United States v. Lee, Criminal No. 11-65-ART (E.D. Ky., May 22, 2012)
Slip opinion (hosted by TalkLeft)

The U.S. District Court of Eastern Kentucky suppressed the discovery of 150 pounds of marijuana in the defendant’s possession, due to the placement of a warrantless GPS tracking device on his car. The search and arrest took place prior to United States v. Jones, No. 10-1259, 2012 WL 171117 (U.S. Jan. 23, 2012), the Supreme Court case that ruled that GPS tracking constitutes a search and therefore requires a warrant. The United States argued in Lee that the agents’ actions fell under the good faith exception to the warrant requirement, but Judge Amul Thapar found that only reliance on binding appellate precedent could create a good faith exception for the police. In this particular case, in contrast, the agents had relied on a national Drug Enforcement Agency (“DEA”) policy supported by non-binding appellate precedent from other jurisdictions. The Lee ruling attempts to articulate a clear and administrable principle for applying (or withholding) the good faith exception to pre-Jones instances of warrantless GPS tracking.

The Associated Press reports on the underlying facts of the case. Wired analyzed the conflicting case law on the good faith exception. (more…)

Posted On Jun - 3 - 2012 Comments Off READ FULL POST

Jury Decides Google Did Not Infringe Oracle Patents but Question of Whether APIs Can Be Copyrighted Remains
By Brittany Horth – Edited by Michael Hoven

Oracle America, Inc. v. Google Inc., No. 10-03561 (N.D. Cal. 2012)
Special verdict on copyright claims from May 7, 2012 (hosted by Scribd)
Special verdict on patent claims from May 23, 2012 (hosted by Scribd)

A jury in the U.S. District Court of Northern California in San Francisco unanimously decided that Google’s Android mobile operating system does not infringe Oracle’s U.S. Patent No. RE38,104 and U.S. Patent No. 6,061,520. The special verdict came approximately two weeks after the jury unanimously decided that Google infringed Oracle’s copyright on Java application programming interfaces (APIs) but failed to reach any agreement on whether Google had a valid fair use defense.

U.S. District Judge William Alsup canceled the third phase of the trial, which would have addressed damages, and dismissed the jury after the second special verdict. However, the proceedings will continue since Judge Alsup has yet to answer the crucial legal question of whether APIs can be copyrighted in the first place, which will determine the fate of the partial verdict from the copyright infringement segment of the trial.

Bloomberg provides a brief overview of the case and the recent special verdicts. Ars Technica provides a more detailed explanation of the partial verdict from the copyright infringement segment of the trial and its potential ramifications for programmers. CNET provides a more detailed explanation of the verdict from the patent infringement segment of the trial.

(more…)

Posted On May - 30 - 2012 Comments Off READ FULL POST
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