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

Pokémon Go Captures Full Google Account Permissions on iOS

Senate Committee Holds Hearing on FCC’s Proposed Broadband Privacy Rules

Federal Judge Suppresses Evidence Obtained Using Stingray in First Such Decision

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The Federal Circuit, in the closely divided en banc decision of SCA v. First Quality, held that Congress had authorized laches as a defense against legal remedy for patent infringement. This contradicts the Supreme Court’s recent holding that for copyright law, laches only applies to legal remedy when Congress hasn’t established a statute of limitations. The Supreme Court has granted cert to review the Federal Circuit’s holding.

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U.S. and E.U. officials formally approved the “Privacy Shield” this week, a new agreement governing the transfer of data between Europe and the United States. The final adoption of the transatlantic agreement comes after several years of negotiations, which were accelerated last October when the Court of Justice of the European Union (“CJEU”) invalidated a key part of the U.S.-E.U. “Safe Harbor,” an agreement that had previously enabled American companies to transfer data from the European Union without running afoul of its stricter privacy laws.

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Federal Circuit Flash Digest

 

By Frederick Ding — Edited by Jaehwan Park

 

Patent Assertion Entity Not a “Patentee” By Itself

 

Induced Infringement Verdict Not Defeated by Defendant’s Unreasonable Belief in Noninfringement

 

Continuations Can Be Filed on Same Day as Earlier Application’s Issuance

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Supreme Court Hears Arguments on Patent-Eligibility of Medical Protocol Based on Correlations Between Blood Tests and Patient Health
By Laura Fishwick – Edited by Michael Hoven

Mayo Collaborative Servs. v. Prometheus Labs., Inc., No. 10-1150 (U.S. Dec. 7, 2011)
Transcript of Oral Arguments

Mayo v. Prometheus returned to the Supreme Court after the Court of Appeals for the Federal Circuit again held that Prometheus’s method patents covered a particular application of a natural phenomenon, not the natural phenomenon itself, and were therefore valid. JOLT Digest covered the Federal Circuit’s initial ruling and its reaffirmation.

The Supreme Court heard arguments concerning whether a treatment that indicates a drug dosage based on correlations between metabolite levels in the patient’s blood and drug efficiency or toxicity is eligible for patent protection. Mayo argued that Prometheus’s patent was invalid because it covered a natural phenomenon: the correlation between metabolite levels, as revealed by a blood test, and patient health. Additionally,  Mayo claimed that the patent preempted all competing tests that would use metabolite levels (above a certain concentration that Prometheus’s patent covers) to adjust drug dosages. Transcript of Oral Argument at 8. Prometheus argued that their patent would not preempt competing tests because another party could file an improvement patent specifying a different range. Id. at 42. Prometheus said that its claims were patentable because it applied the conventional step of measuring metabolites in patients to the discovery of the natural correlation, and analogized its patents to patented processes that detect earthquakes, also a natural phenomenon.

Patently-O provides an overview of the case. Ars Technica criticized the lack of attention that the Court gave to the issue of whether medical patents are legal in general, analogizing the issue to overly-broad software patents. IPWatchdog has predicted that the Court will interpret § 101 as a “coarse filter” and leave Mayo to challenge Prometheus under § 102 and § 103. Published before the Court heard oral arguments, the Wall Street Journal argued that the Court should continue its longstanding policy of providing strong patent protection to encourage investment by finding Prometheus’s diagnostic test to be patentable subject matter. The Washington Post features a discussion of the main arguments. (more…)

Posted On Dec - 13 - 2011 1 Comment READ FULL POST

By Jennifer Wong

Government urges SCOTUS to rule in favor of generic drug maker

The Supreme Court heard oral arguments to determine whether generic drug manufacturer Caraco Pharmaceutical could sue Novo Nordisk to narrow its description for the patent on Prandin, a diabetes drug, in FDA filings. As Reuters reports, Caraco alleges that the description for the patent on Prandin is too broad and prevents any similar generic drug from entering the market. The government filed a brief opposing the Federal Circuit’s earlier ruling in favor of Novo Nordisk, noting that generic drugs can save consumers billions of dollars each year. According to FiercePharma, Novo Nordisk’s primary patent on the Prandin has expired, but the company retains a second patent for the use of the drug in combination with metformin. Novo Nordisk claims that its FDA submission was proper. A decision is expected in late June.

Facebook and FTC reach settlement over privacy practices

On November 29th, the Federal Trade Commission (FTC) announced that it had reached a draft settlement with Facebook over its privacy practices, reports The Economist. The FTC alleged that it had found several cases where Facebook had engaged in deceptive practices that violated federal law. The privacy breaches included failing to make deleted images and videos inaccessible and passing on personal information to advertisers. According to The Washington Post, under the terms of the settlement, Facebook will not face any monetary fines. Facebook has agreed to seek its users’ permission before it makes any changes to its data sharing policy and to undergo an independent privacy audit every two years for the next 20 years. The settlement should be finalized at the end of December after a period for public comment.

Apple loses iPad trademark suit in China

Reuters reports that the Intermediate People’s Court in Shenzhen, China, has ruled against Apple in its trademark infringement suit against computer display manufacturer Proview Technology (Shenzhen). Apple had alleged that Proview Technology infringed on its “iPad” trademark. However, the court disagreed. According to the Financial Times, Proview Technology had registered trademarks for the “iPad” name in China and several other countries in 2000. Apple agreed to purchase the global trademark rights to the name from Proview Electronics (Taiwan), in 2009, but Proview Technology retained the Chinese rights. Proview Technology and Proview Electronics are both affiliates of Proview International, a Hong-Kong-listed holding group. Apple can still appeal the verdict. Proview Technology filed its own infringement lawsuit against Apple in October claiming 10 billion yuan ($1.6 billion) in damages, reports ZDNet.

Posted On Dec - 12 - 2011 Comments Off READ FULL POST

District Judge Seems to Pilot Test SOPA in a Temporary Restraining Order
By Julie Dorais – Edited by Matt Gelfand

Chanel, Inc. v. Does, et al., 11-cv-01508-KJD-PAL (D. Nev. 2011)
Order

On November 14, 2011, the U.S. District Court for the District of Nevada issued a far-reaching temporary restraining order (TRO) in response to luxury goods company Chanel’s allegations that 288 defendants were selling counterfeit goods online. In addition to ordering the seizure of the defendants’ domain names, the ruling requires that domain registries transfer the domain names to GoDaddy.com, that GoDaddy.com redirect incoming traffic to a separate website, and that search engines and social networks remove the domain names from search results.

Commentators note that the remedy bears an uncanny resemblance to the remedies available under the recently proposed Stop Online Piracy Act (SOPA). As explained by Information Today, SOPA would give the government the expanded ability to obtain injunctions to seize domains that appear to be hosting infringing material. The injunctions may also direct certain actions by third parties, such as service providers and search engines. JOLT Digest has covered the proposed bill and the surrounding controversy.

CBS News summarizes the Nevada judge’s ruling and comments on its comparison to SOPA. Technology and Marketing Law Blog, Ars Technica, TechNewsWorld and TechDirt offer critical commentary. In particular, Technology and Marketing Law Blog argues that the ruling raises issues about due process, and questions the enforceability of the broad order. (more…)

Posted On Dec - 12 - 2011 1 Comment READ FULL POST

District Court Awards Damages for Tortious Interference of Trademark Holder’s Social Media Site Contracts
By Chinh Vo – Edited by Matt Gelfand

Ordonez v. Icon Sky Holdings LLC, 10-cv-60156-PAS (S.D. Fla. Aug. 30, 2011)
Slip Opinion (hosted by Justia.com)

The District Court for the Southern District of Florida granted the plaintiff’s motion for default judgment, awarding damages and a permanent injunction in a trademark hijacking suit between parties vying for control of an online presence.

The court held that the plaintiff was the senior user of the “Elizabeth Sky” trademark, and that the defendant used the mark in connection with similar goods and services in violation of trademark and unfair competition law. The court also found that the defendant tortiously interfered with the plaintiff’s contracts with various social media sites when the defendant contacted the sites and demanded they take down the plaintiff’s accounts, alleging trademark infringement. The plaintiff also prevailed on her libel per se claims by showing that the defendant had falsely accused her of identity theft on two third-party websites.

Eric Goldman’s Technology & Marketing Law Blog provides an overview and analysis of the case. Social Media, Esq. and everydaycounsel discuss the holding’s implications for social media contracts. (more…)

Posted On Dec - 6 - 2011 Comments Off READ FULL POST

By Ivar Hartmann

European Commission VP demands more revenue for artists

Neelie Kroes, Vice President of the European Commission responsible for Digital Agenda, publicly supported changes to the current copyright system in Europe. In a speech entitled “Who feeds the artist?” at the Forum D’Avignon on Nov. 19th, Kroes criticized the scarcity of revenue that copyright legislation and other areas of law reserve for artists. “Speaking of economic reward: if that is the aim of our current copyright system, we’re failing here”, stated Kroes. She cited examples of artists in the UK and Germany, the majority of which earn a “paltry payment” often lower than the minimum wage in those countries. She proposed a number of solutions including the use of information and communications technology and Cloud computing to find better ways to distribute creative content and connect artists with their consumers. She also supported adopting improved legislation that would better “feed art, and feed artists.”

ECJ rules against forced surveillance by ISPs

On Nov. 24th, the Court of Justice of the European Union announced in a press release that EU law precludes an injunction imposed by the Brussels First Instance Court, which ordered Scarlet Extended SA, an internet service provider (ISP) to install a system for monitoring its electronic communications to prevent illegal file-sharing. The Belgian Society of Authors, Composers and Publishers (SABAM) had sued Scarlet, alleging that some of its users were using the ISP’s services to illegally download SABAM’s protected catalogs from the internet. After weighing the “right to intellectual property, on the one hand, and the freedom to conduct business, the right to protection of personal data and the right to receive or impart information, on the other,” the Court of Justice held that forcing the ISP to monitor users in order to protect intellectual property was an unfair balance of the rights involved.

No Safe Harbor for Grooveshark

CNET reports that the Universal Music Group (UMG) filed a copyright infringement lawsuit against Grooveshark, a music streaming website, on Nov. 18th. According to The Hollywood Reporter, the grounds for the lawsuit “go[]further than most copyright complaints.” UMG alleges that Grooveshark’s own CEO and employees have committed the infringing activity. TIME reports that at least 1,791 songs were illicitly uploaded by Grooveshark. Despite accounts that the proof of such wrongdoing is somewhat shady, UMG is seeking the maximum compensation for each illegal upload ($150,000) and an injunction to shut down Grooveshark.

Two Wins for Net Neutrality

Within one week of each other, the U.S. Senate and the European Parliament voted in favor of adopting net neutrality regulations. CNET reports that the U.S. Senate voted in favor of the Federal Communication Commission’s (FCC) net neutrality regulations in a 52-46 vote. Similarly, Computing reports that the European Parliament adopted a resolution that promotes a broad concept of net neutrality. Unlike the FCC’s regulations, the EU’s resolution does not distinguish between mobile and fixed internet service providers (ISPs). But in line with the FCC’s open Internet rules, the EU’s resolution also calls on regulatory bodies to monitor the way ISP manage their traffic on the Internet.

Posted On Nov - 30 - 2011 2 Comments READ FULL POST
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