A student-run resource for reliable reports on the latest law and technology news
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Despite its increasing availability, patent insurance—providing defensive protection against claims of patent infringement and funding offensive actions against patent infringers—continues to be uncommon. This Note aims to provide an overview of the patent insurance landscape. After a brief discussion of the patent insurance industry in Part I, Part II describes how courts deal with patent infringement coverage under CGL policies. Part III examines the mandatory patent insurance scheme proposed by the European Commission and contrasts it with U.S. legislative inaction regarding patent insurance. Part IV explains why the U.S. system does not view patent insurance as a solution to the current patent litigation system through the lens of existing scholarship. Part V concludes.

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Defend Trade Secrets Act of 2016 Seeks to Establish Federal Cause of Action for Trade Secrets Misappropriation

By Suyoung Jang – Edited by Mila Owen

Following the Senate Judiciary Committee’s approval in January of the Defend Trade Secrets Act of 2016, the Committee has released Senate Report 114-220 supporting the bill. The bill seeks to protect trade secret owners by creating a federal cause of action for trade secret misappropriation.

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Federal Circuit Flash Digest

By Evan Tallmadge – Edited by Olga Slobodyanyuk

The Linked Inheritability Between Two Regions of DNA is an Unpatentable Law of Nature

HP Setback in Challenging the Validity of MPHJ’s Distributed Virtual Copying Patent

CardPool Fails to Escape an Invalidity Judgment But Can Still Pursue Amended Claims

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Amicus Brief by EFF and ACLU Urging Illinois State Sex Offender Laws Declared Unconstitutional under First Amendment

By Yaping Zhang – Edited by Mila Owen

With the Illinois Supreme Court gearing up to determine the constitutionality of the state’s sex offender registration statute, two advocacy non-profits have filed amicus briefs in support of striking the law down.

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Flash Digest: News in Brief

By Gia Velasquez – Edited by Ken Winterbottom

Federal Court Grants Uber’s Class Action Certification Appeal

Independent Contractor Classification of Uber Drivers May Violate Antitrust Laws

Self-Driving Car Will Be Considered Autonomous Driver

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Apple Inc. v. Samsung Elecs. Co.
By David LeRay – Edited by Michael Hoven

Apple Inc. v. Samsung Elecs. Co., No. 2012-1507 (Fed. Cir. Oct. 11, 2012)
Slip opinion

The Federal Circuit reversed the Northern District of California, which had granted a preliminary injunction against Samsung’s Galaxy Nexus smartphone. The case was decided by Judges Prost, Moore, and Reyna, who acted unanimously.

The Federal Circuit held that the district court abused its discretion in finding that Apple established it was at risk of irreparable harm, one of the necessary factors under the eBay test elaborated by the Supreme Court to determine whether to grant a preliminary injunction. See Apple, No. 2012-1507, slip op. at 5 (citing eBay Inc. v. MercExchange, LLC, 547 U.S. 388, 391 (2006)). Specifically, Apple did not prove that a “sufficiently strong causal nexus relates the alleged harm to the alleged infringement.” Id. at 6.

Patently-O provides an overview of the case and argues that the decision elevates the preliminary injunction standard and thus makes it more difficult for patentees to obtain injunctive relief. Reuters states that the case is an implicit endorsement of Judge Richard Posner’s skepticism regarding remedies in the context of smartphone feature patents and that the case is a “palpable blow” to Apple’s smartphone legal strategy.

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Posted On Oct - 22 - 2012 Comments Off READ FULL POST

Senior Exec. Ass’n v. United States
By Mary Grinman – Edited by Charlie Stiernberg

Senior Exec. Ass’n v. United States, No. 8:12-cv-02297-AW (S.D. Md. Sept. 13, 2012)
Slip opinion

The United States District Court for the Southern District of Maryland granted a motion for a temporary preliminary injunction, enjoining the United States from executing any part of Section 11 of the Stock Trading on Congressional Knowledge Act of 2012 (“STOCK Act” or “Act”), and from obliging federal employees to divulge any financial information that is subject to Internet publication by federal agencies.

Judge Williams ruled that the plaintiffs’ interests in protecting their privacy are more likely than not to outweigh the government’s interest in disclosing their financial information. Senior Exec. Ass’n, slip op. at 16. The court noted that privacy interests have become more significant in light of the “Information Age,” which makes it possible to rapidly assemble and spread immense quantities of information. Id. at 9.

The Wall Street Journal Law Blog provides a brief overview of the case. Corporate Counsel provides additional background information on the STOCK Act. Joe Davidson of the Washington Post criticizes the Act as “rushed,” and discusses the impact of the Act and the court’s ruling on individual federal employees.

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Posted On Oct - 19 - 2012 Comments Off READ FULL POST

Authors Guild, Inc. v. HathiTrust
By Natalie Kim – Edited by Laura Fishwick

Authors Guild, Inc. v. HathiTrust, 11-CV-06351-HB (S.D.N.Y. Oct. 10, 2012)
Slip opinion

On Wednesday the U.S. District Court for the Southern District of New York granted HathiTrust’s motion for summary judgment on the copyright infringement claims, dismissing the claims brought by the Authors Guild. The HathiTrust Digital Library (“HDL”) is a massive, Google-affiliated book-digitization project led by academic institutions such as the University of California and Indiana University; it had scanned and placed books in the HDL without consulting rights holders. The Authors Guild claimed this violated § 106 and § 108, and sought an injunction against further distribution of the works and impoundment of already scanned works.

The district court held that HathiTrust’s digitization constituted fair use. HDL provides full-text search for copyrighted works for which the rights holder has granted permission and for works in the public domain; 73 percent of the trust’s 10 million books are copyrighted. The affiliated universities have been using HDL for full-text searches, preservation, and access for people with certified print disabilities. Four universities also created full-text access for “orphan works,” which are in-copyright works for which the rights holders are unavailable or otherwise unidentifiable. Google has scanned the books for HDL as part of its Google Books project; a separate litigation between the Authors Guild and Google is stalled on appeal.

Publishers Weekly provides an overview of the case. At Laboratorium, James Grimmelmann predicts the Authors Guild has little chance of a successful appeal due to what he views as the clear victory awarded to HathiTrust and print-disabled codefendants.

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Posted On Oct - 15 - 2012 1 Comment READ FULL POST

By Evelyn Chang

Presidential Commission Calls for Privacy Protections in Genome Sequencing

Science Insider reports that the Presidential Commission on Bioethics has issued a new report on privacy issues associated with whole genome sequencing of patients.  The cost to sequence the entire genome of an individual is dropping rapidly, and genome sequencing is predicted to one day become common practice in medical treatment and research.  However, current guidelines and policies vary by state and do not provide consistent protection against misuse of genomic data.  The report outlines several steps to protect individuals’ private genetic information while encouraging data sharing and research access.

Supreme Court Grants Certiorari in Seed Patent Case

The Supreme Court has granted certiorari in the case of Bowman v. Monsanto Co., reports Wired. The case was originally brought as a patent infringement suit by Monsanto against Bowman, a farmer in Indiana. Bowman had purchased commodity soybeans from a grain elevator for planting, which contained Monsanto’s patented Roundup Ready soybeans. The District Court of the Southern District Indiana granted summary judgment for Monsanto, and the Federal Circuit affirmed. In their petition for certiorari (hosted by SCOTUSblog), Bowman argues that the doctrine of patent exhaustion should apply, or that there should be an exception for self-replicating technologies, such as seeds.

Federal Circuit Ends Injunction Against Samsung Galaxy Nexus

On October 11, the Federal Circuit reversed a preliminary sales injunction on Samsung’s Galaxy Nexus, reports Reuters. In February 2012, Apple brought suit against Samsung in the Northern District of California, alleging that the Galaxy Nexus infringes eight Apple patents. The preliminary injunction was granted based on one of those eight patents, U.S. Patent No. 8,086,604, which is directed towards an apparatus for unified search. Earlier this month, the San Jose Mercury News reported that U.S. District Judge Koh also dissolved an injunction against Samsung’s Galaxy Tab 10.1 tablet.

Patentability of Software to be Reconsidered En Banc by Federal Circuit

The Federal Circuit has ordered an en banc rehearing to consider the patentability of software in CLS Bank Int’l. v. Alice Corp., App. No. 2011-1301 (Fed. Cir. 2012). PatentlyO reports that the Federal Circuit has reformulated the questions presented to consider how to determine when a computer-implemented invention is an unpatentable abstract idea, and whether method, systems, and storage medium claims for software should be considered equivalent.  The court has also invited the USPTO to file an amicus curiae brief. In the original decision (previously covered by the Digest), now vacated, the court held two to one that computer programs are patentable post-Prometheus.

Posted On Oct - 14 - 2012 Comments Off READ FULL POST

The Digest will be taking a short break from our regular coverage over the next two weeks as JOLT kicks off its 1L and transfer recruiting season.

While we take our hiatus from regular coverage, we hope you enjoy reading the Digest Comments we posted over the last three weeks. Comments are longer opinion pieces on especially significant issues in law and technology. These pieces are written entirely by members of our staff, on topics they believe warrant closer examination and study. We have great pieces this year, and we hope you will let us know with your comments if you enjoy them!

We’ll be back at the end of the month with our usual coverage. Thank you for reading!

The Digest Staff

Posted On Sep - 13 - 2012 Comments Off READ FULL POST
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