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Whack-a-troll Legislation

Written by Asher Lowenstein     —   Edited by Yaping Zhang

Patent assertion entities’ extensive litigation activities in different states enables to assess the efficacy of the proposed bills against legal strategies these trolls, such as MPHJ Technology, have engaged in. The legal battles confirm some of the concerns about the usefulness of proposed regulatory measures.

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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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Federal Circuit continues trend of interpreting “use” under §271(a) broadly
By Philip Yen – Edited by Matthew Gelfand

Centillion Data Systems, LLC v. Qwest Communications International, Inc., No. 2010-1110 (Fed. Cir. Jan. 20, 2011)
Slip Opinion

The Federal Circuit vacated an order of the United States District Court for the Southern District of Indiana, which had granted summary judgment of noninfringement in favor of Qwest on the grounds that neither Qwest nor its customers individually “practice[d] all of the limitations of the asserted claims.”

The issue was ultimately a question of what the word “use” means under 35 U.S.C. §271(a), which governs infringement of patents. The District Court, drawing from Federal Circuit precedent, had held that to “use” a system for purposes of infringement, a party must either practice every element or control and direct the actions of another that practices the elements in question. NTP, Inc. v. Research in Motion, Ltd., 418 F.3d 1282 (Fed. Cir. 2005). Although the Federal Circuit agreed with the District Court’s definition of “use,” it held that the District Court had misinterpreted the definition “by holding that in order to ‘use’ a system under §271(a), a party must exercise physical or direct control over each individual element of the system. The ‘control’ contemplated in NTP is the ability to place the system as a whole into service.” Slip Op. at 8. Thus, a customer’s use of the front-end application that utilized Qwest’s back office systems satisfied §271(a)’s requirement of “use.” In so holding, the court noted that that the District Court’s contrary interpretation would have effectively overturned NTP, since the customer in that case would not have met the District Court’s threshold of control either.

Patently-O provides an overview of the case. The Patent Prospector discusses the case and provides some commentary. IPWatchdog criticizes the decision based on concern that the holding of NTP and Qwest overextends §271(a), and that the definition of “use” under the statute is being broadened. (more…)

Posted On Feb - 4 - 2011 Comments Off READ FULL POST

Written by Andrew Segna
Edited by Jonathan Allred
Editorial Policy

On October 13, 2010, Valve, a major video game developer, announced Dota 2, its new title, for which it registered the trademark “Dota” with the USPTO on August 6, 2010. This game is a sequel to the extremely popular Defense of the Ancients (abbreviated “Dota”), a“mod” that independent videogame developers created by modifying the game Warcraft III. The trademark registration evoked concern among members of the industry and consumers, especially in light of recent overly aggressive trademark enforcement by Tim Langdell, developer and president of the video game company Edge Games. As developers and publishers acquire and assert control over trademarks, members of the video game community are concerned that mod creators and independent developers could feel intimidated and, fearing liability, not take on certain projects. Naturally, those concerned by aggressive trademark enforcement would prefer that the trademark rights not be granted in the first place. However, even where the law is not able to prevent video game companies from obtaining and enforcing trademark rights in game titles and assets, private policing by members of the video game world can prevent overly aggressive trademark enforcement from disrupting the industry. (more…)

Posted On Jan - 21 - 2011 Comments Off READ FULL POST

Written by Nathan Lovejoy
Edited by Harry Zhou
Editorial Policy

The September 30th issue of Rolling Stone featured an article provocatively titled “How to Save the Music Business” by U2 manager Paul McGuinness. In it, McGuinness shifts a hefty portion of responsibility for online copyright infringement to Internet service providers: “Let’s get real: Do people want more bandwidth to speed up their e-mails or to download music and films as rapidly as possible?”[i] He goes on to argue that service providers should take affirmative steps on behalf of rights holders to prevent illegal file sharing by their customers. This is not a new line of attack, especially in the two years since the Recording Industry Association of America’s (“RIAA”) efforts at suing individual file-sharers have come to an end. McGuinness might have, however, underestimated some of the pitfalls in implementing such a proposal. As rights holders, service providers, and governments in France, the United Kingdom, Ireland, and elsewhere begin to embark on various forms of this “graduated response” — an enforcement regime predicated on suspension of accused infringers’ Internet access — we are only now beginning to understand the full range of its complications.

This comment will address procedural due process concerns within a hypothetical legislative-backed graduated response regime in the United States. Although no such system is currently in place, this comment will look to the recently implemented French scheme as a model. Commonly referred to by the acronym of its governing authority — Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet (“HADOPI”) — France’s HADOPI overcame constitutional challenges and began enforcement action earlier this year. If we were to import this type of scheme to the US with the exact same set of procedures, it would run against some of our core procedural values.

This comment begins with a description of what graduated response is in the abstract and addresses some of the motivations for rights holders in pursuing this strategy. Next, the HADOPI model as laid out in France’s “Creation on the Internet” legislation[ii] is examined step-by-step, as a series of distinct enforcement procedures. Finally, this comment will argue that should the US adopt a legislatively-created, French-style graduated response regime, its procedures may be subject to criticism on due process grounds. These issues could be — and likely will be — sidestepped, however, through eschewing legislation in favor of private enforcement agreements. (more…)

Posted On Jan - 13 - 2011 Comments Off READ FULL POST

Written by Greg Tang
Edited by Ian Wildgoose Brown
Editorial Policy

Intel, the world’s largest semiconductor manufacturer, owes its global leadership position to its x86 microprocessors. Intel and its main competitor, Advanced Micro Devices (AMD), command 80.4% and 11.5% of the microprocessor market, respectively. In other words, over 90% of the world’s computers have brains that only understand the x86 instruction set for translating software instructions into computer functioning. Consequently, most computer programs support, if not exclusively, x86 microprocessors. The fact that AMD is their sole surviving competitor in the x86 microprocessor industry is testament to the success of Intel’s aggressive business and legal tactics: the market for almost any other computer hardware component is certain to have a multitude of competitors from around the globe.

Throughout its history, Intel constantly has explored the outer frontiers of the high-tech industry’s legal landscape as it asserted its market dominance, particularly when threatened by competition, and repeatedly has been forced to adjust its strategy when the courts found that it pushed too far. By zealously pursuing this strategy against AMD, Intel has kept AMD at a distant second place in the microprocessor market, despite AMD often offering superior products at lower prices. But Intel occasionally gets in trouble for its liberal use of business and legal force towards AMD. In the last two years, Intel saw the end to several high-profile antitrust cases that it had been tangled up in for years. In May 2009, the European Commission fined Intel a record 1.06 billion Euros for abusing its dominant market position. On November 12, 2009, Intel settled all outstanding antitrust and patent cross-licensing disputes with rival AMD for $1.25 billion. And more recently in August 2010, Intel settled its antitrust case with the FTC by agreeing to several broad restrictions on its relationship with computer manufacturers and its competitors. But Intel’s legal strategy of “trial and error” stems from the company’s formative years, which coincided with the advent of the personal computer. (more…)

Posted On Jan - 4 - 2011 1 Comment READ FULL POST

By Matthew Becker
Edited by Matt Gelfand
Editorial Policy

The application of copyright in the space of virtual worlds has been a subject of increasing consideration in the legal community over the past few years.[i] Literature on this subject has often centered on two focal points: the existing laws and approaches that are likely to produce successful litigation in this evolving arena; and the idea that the best approach to settling copyright disputes might be to try to find recourse through the entity that owns and operates the virtual world, rather than through litigation. Less common, however, is a substantive analysis of why the existing copyright regime generally fails to provide a suitable venue for addressing grievances, and how it could be reformed to better suit the virtual context. The purpose of this article is to foster such a discussion by exploring the disconnect between the copyright regime in the United States, which has evolved in a physical environment, and the distinct problems and requirements that arise in a virtual environment. In the process, this article will explore three options for ameliorating the situation – two that are legal in nature, and one that is extra-legal. (more…)

Posted On Dec - 26 - 2010 Comments Off READ FULL POST
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Whack-a-troll Legisl

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By Sabreena Khalid – Edited by Insue Kim Following scandals earlier ...

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EU Unitary Patent Sy

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