A student-run resource for reliable reports on the latest law and technology news
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By Jaehwan Park – Edited by Kayla Haran

Bipartisan Lawmakers Introduce Bill Encouraging U.S. Government Agencies to Use the Cloud as a Secure Alternative to Legacy Systems

Snapchat Accused of Violating Illinois Biometric Information Privacy Act

The Office of the U.S. Trade Representative Announces New Policy Group to Promote Global Digital Trade

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Second Circuit Prohibits Extraterritorial Application of Stored Communication Act’s Warrant Provision

The Second Circuit reversed a U.S. Magistrate Judge’s warrant ordering Microsoft to produce customer content stored in Ireland. The Second Circuit held that the warrant provisions in § 2703 of the Stored Communications Act, 18 USC §§2701-2712 (1986) (“SCA”), cannot be used to compel a service provider to disclose user e-mail content stored exclusively on a foreign server.

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U.S. District Court Denied TC Heartland’s Writ of Mandamus to Transfer Patent Infringement Suit

 

In April 2016, the Federal Circuit denied TC Heartland LLC’s writ of mandamus. Hartland requested the court order the U.S. District Court for the District of Delaware to dismiss or transfer the patent infringement suit initiated by Kraft Foods Group Brands LLC. In rejecting Hartland’s request, the court explained that a writ of mandamus is an “extraordinary remedy appropriate only in exceptional circumstances” and Hartland did not meet this bar.

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Congresswoman Speier’s Revenge Pornography Bill: Crossing the First Amendment Line?

On July 14, 2016, Congresswoman Speier proposed the Intimate Privacy Protection Act, a bill designed to make revenge pornography a federal crime punishable with up to five years in prison. Although the current version is narrower in scope than previous iterations, there are still some concerns that this bill violates the First Amendment’s right to free speech.

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Following an unfavorable verdict from a second jury and the Court’s denial of the first motion for judgment as a matter of law (“JMOL”), Oracle America, Inc. (“Oracle”) filed a renewed motion for JMOL pursuant to FRCP Rule 50(b). Oracle’s second motion, filed July 6, 2016, claimed that “no reasonable jury” could find that Google’s “verbatim [and] entirely commercial” copying of Oracle’s code, in order to compete with Oracle, was fair use.[1] The motion will be heard on August 18, 2016.

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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.

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