By Kathleen McGuinness
Following Germany’s recent broadening of copyright protection for news “snippets,” Google News changed their user policy for publishers in Germany, requiring publishers to opt in to Google News participation using a new confirmation system. Forbes provides a translation of the new policy. Tools like robots.txt, which prevent Google from indexing a page, will still be recognized. In all other countries, Google News remains opt-out; publishers who do not want excerpts of their work reprinted in search results must use tools like robot.txt or inform Google that they do not want their pages to be indexed, both of which prevent results from appearing in Google searches. TechCrunch gives an explanation of the history of the new law and its implications.
Federal Circuit Rules that Software Patent Is Not an “Abstract Idea”
On Friday, the Federal Circuit in Ultramercial v. Hulu, No. 2010-1544 (Fed. Cir. June 21, 2013), found to be valid a patent protecting a method of distributing copyrighted content online without user payments, in exchange for the user viewing an advertisement which would pay for the copyrighted content. The court focused on the pro-protection history of the most recent changes to the Patent Act, the fact that the patent did not cover every application of the abstract idea, and on Supreme Court precedent indicating that a patent tying an abstract idea to a specific method for doing something with a computer is not too abstract to merit protection. IP Spotlight describes the holding and its implications in more detail.
Tokyo Court Rules for Apple, Against Samsung in Bounce-Back Patent Dispute
On Friday, a Tokyo court ruled that Samsung had infringed Apple’s controversial “bounce-back” patent on certain earlier models of Samsung smartphones. The status of Apple’s U.S. patent on the bounce-back user interface element remains in contention; the PTO ruled that the patent was invalid earlier this year, but recently decided that some elements of the interface were patentable. Reuters has a short summary. Apple and Samsung have gone back and forth in their Tokyo patent disputes; last August, Apple lost a suit against Samsung over music and video synchronization on smartphones. Bloomberg describes the business history and implications of the decision.