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Specific Facts Supporting Indirect Infringement Required for Software Supplier to Obtain Declaratory Judgment Against Patentee Suing End Users
By Geng Chen – Edited by Ashish Bakshi

Microsoft Corp. v. DataTern, Inc., No. 13-1184 (Fed. Cir. Apr. 4, 2014)

The Federal Circuit held that Microsoft and SAP had standing to bring invalidity and noninfringement declaratory judgment actions against DataTern, based on DataTern’s previous lawsuits against those companies’ software customers for direct patent infringement, but only to the extent that those direct infringement claims also established a controversy on issues of contributory and induced infringement.

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Posted On Apr - 19 - 2014 Comments Off READ FULL POST

Federal Circuit Overturns Vederi v. Google — Google’s “Street View” Might Have Infringed Vederi’s Asserted Patents
By Jenny Choi – Edited by Ashish Bakshi

On March 14, 2014, the Federal Circuit reversed and vacated the United States District Court for the Central District of California’s decision entering summary judgment in favor of Google, Inc. The Federal Circuit held that “substantially elevation” covered both flat and spherical images, noting that it preferred claim construction based on intrinsic evidence and interpretation that “gives meaning to all the terms of the claim.”

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Posted On Mar - 25 - 2014 Comments Off READ FULL POST

Expert Testimony May Be Required to Determine if Patent Specification Adequately Supports Means-Plus-Function Claim
By Geng Chen – Edited by Ashish Bakshi

The Federal Circuit vacated the district court’s finding that the system claims in elcommerce’s patent were invalid. The court held that, in order to properly determine if a specification adequately supported a means-plus-function claim, a district court may require expert testimony so that the specification can be understood from the perspective of a person with ordinary skill in the art.

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Posted On Mar - 2 - 2014 Comments Off READ FULL POST

So-Called Sample Troll Sues Jay Z, Alleging “Run This Town” Infringes Copyright
By Emma Winer – Edited by Ashish Bakshi

TufAmerica, Inc. v. WB Music Corp.

TufAmerica filed a complaint accusing Jay Z of infringing the company’s copyright in the song “Hook & Sling Part 1.” According to the complaint, Jay Z allegedly used a “sample” of “Hook and Sling Part 1” in his hit song “Run This Town” without proper authorization. TufAmerica has filed a number of similar lawsuits against artists such as the Beastie Boys and Kanye West for sampling songs from catalogs that the company had purchased.

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Posted On Nov - 20 - 2013 Comments Off READ FULL POST

ACLU Sues DOJ Over FISA Surveillance Evidence
By Amy Zhang – Edited by Ashish Bakshi

ACLU v. U.S. Dep’t of Justice

The ACLU filed a complaint against the United States Department of Justice seeking immediate processing and release of DOJ records that the ACLU had requested pursuant to the Freedom of Information Act earlier this year. The requested information relates to the use of evidence derived from surveillance authorized under the FISA Amendments Act. The ACLU also seeks a fee waiver on the grounds that disclosure of the requested records is in the public interest.

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Posted On Oct - 29 - 2013 Comments Off READ FULL POST
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