A student-run resource for reliable reports on the latest law and technology news
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Federal Circuit Flash Digest: News in Brief  

By Amanda Liverzani

PTO’s Statutory Interpretation on Patent Term Adjustment Upheld

Federal Circuit Affirms Garmin Fitness Watches Do Not Infringe on Pacing Patents

Online Shopping Cart Patents Deemed Invalid in Infringement Action Against Victoria’s Secret and Avon

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Alleged mastermind behind the undercover trading platform Silk Road convicted in Manhattan court

By Jens Frankenreiter – Edited by Katherine Kwong

On February 4, a federal jury in Manhattan rendered its verdict in the trial against Ross Ulbricht, the person allegedly in charge of the online black market platform Silk Road. The jury found Ulbricht guilty on all charges. The case is important as it represents an attempt by the government to regain control over an area of the internet where tools such as bitcoin and Tor are used to create an online space beyond the reach of the authorities.

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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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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

By Alea Mitchell
Edited by Cary Mayberger
Editorial Policy

Innovative hosting of user-generated content on the Internet, and a subsequent increase in unauthorized copyrighted material among this content, means reimagining copyright jurisprudence. The issue of how we protect an owner’s “exclusive” right to reproduce, distribute, and publicly perform his or her work, while not stifling advances in global communication and technology, underlies the concern in recent infringement suits brought against online hosts like YouTube, eBay, Hi5, and Veoh. See 17 U.S.C. § 106(1), (3), (4) (1976). But while the legal system has risen to the challenge with reinterpreted rules and legislation, Facebook continues to defy categorization.

This comment attempts to demonstrate the difficulty in categorizing certain service providers by looking at Facebook in the wake of the Viacom International v. YouTube, Inc. decision, No. 07 CIV. 2103, 2010 WL 2532404, at *8-9 (S.D.N.Y. June 23, 2010), of which Facebook filed a joint amicus brief in support of the defendants. Part I of the comment presents a brief overview of the Viacom court’s interpretation of “safe harbors” provided under the Digital Millennium Copyright Act (“DMCA”) and Facebook’s amicus brief. Part II explores whether certain activities on Facebook constitute copyright infringement. Finally, Part III pools these two together and examines why the DMCA “notice-and-takedown” process, as articulated in Viacom, may not be a workable copyright protection scheme for Facebook. Ultimately, I suggest that Facebook’s blurred private/public structure makes it unlikely that the DMCA notice-and-takedown scheme can adequately protect copyrights infringed by Facebook users. (more…)

Posted On Dec - 17 - 2010 1 Comment READ FULL POST

The Digest will be taking a short break from our regular coverage over the coming weeks as our Staff Writers finish fall examinations and go on holiday.

While we take our hiatus from regular coverage, we have the pleasure of re-introducing our Comments feature. Comments are longer opinion pieces on especially significant issues. These pieces are written entirely by members of our staff, on topics they believe warrant closer examination and study. From now until mid-January, we will publish one Comment every week. We have great pieces this year and we hope you enjoy them!

We’ll be back sometime in January with our usual coverage.

We sincerely hope you’ve enjoyed our work this year!

The Digest Staff

Posted On Dec - 17 - 2010 Comments Off READ FULL POST

District Court Looks Unfavorably Toward Unilateral Contract Amendments through Web Page Updates
By Katie Booth – Edited by Esther Kang

Roling v. E*Trade Securities, LLC, No. 10-0488  (N.D. Cal. Nov. 11, 2010)
Slip Opinion hosted by Scribd.com

The U.S. District Court for the Northern District of California held that plaintiffs’ claim that E*TRADE’s brokerage agreement was unconscionable was sufficient to survive a motion to dismiss. E*TRADE could change the terms of the brokerage agreement by posting revised terms on its website. According to Judge Marilyn Patel, plaintiffs’ allegations that E*TRADE’s brokerage agreement was both unilateral and did not provide for adequate notice of changes to consumers  were sufficient to allege a claim for unjust enrichment based on unenforceability.

Eric Goldman comments on the decision. He particularly notes that agreements like E*TRADE’s brokerage agreement, which allow companies to make unilateral modifications to contract terms by posting changes on the their websites, pose great risks that courts will find these provisions unconscionable and ultimately invalidate the entire contract. (more…)

Posted On Dec - 7 - 2010 Comments Off READ FULL POST
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Federal Circuit Flas

By Amanda Liverzani PTO’s Statutory Interpretation on Patent Term Adjustment Upheld  In ...

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Alleged mastermind b

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