Flash Digest: News in Brief

By Charlie Stiernberg

Digital Public Library of America Goes Live, Sans Fanfare

ITC Rules Apple iPhone did not Violate Motorola Patents

Parties Race to Register “Boston Strong” Trademark with USPTO

S.D.N.Y Holds that the First Sale Doctrine Does not Permit the Resale of a Digital Music File

Capitol Records, LLC v. ReDigi Inc.
By Charlie Stiernberg – Edited by Andrew Crocker

Internet startup ReDigi—“the world’s first and only online marketplace for digital used music”—recently suffered a setback in the rollout of its digital music resale platform. Judge Sullivan for the District Court for the Southern District of New York granted plaintiff Capitol Records’ motion for partial summary judgment on its claims for defendant ReDigi’s direct, contributory, and vicarious infringement.

Supreme Court Holds State Court Has Jurisdiction over Legal Malpractice Suit in Patent Case 

Gunn v. Minton
By Laura Fishwick – Edited by Charlie Stiernberg

In a unanimous decision, the Supreme Court of the United States reversed and remanded a decision of the Supreme Court of Texas, Minton v. Gunn, 355 S.W.3d 634 (Tex. 2011), by finding that state courts can have jurisdiction over a legal malpractice claim based on an underlying patter matter.

Iceland Considers Internet Pornography Ban
By Charlie Stiernberg – Edited by Sarah Jeong

The Associated Press reports that authorities in Iceland are considering a proposal by Interior Minister Ögmundur Jónason to ban pornography on the Internet. Pornography has been illegal in the country for decades, but the law is vague and therefore seldom enforced. The new proposal would not create any new restrictions, but it would reinforce existing law by expressly defining “pornography” as material with violent or degrading content.

Federal Judge Rejects Verizon’s Challenge to New FCC Data Roaming Rule

Cellco P’ship v. FCC
By Kathleen McGuinness – Edited by Charlie Stiernberg

The Court of Appeals for the District of Columbia Circuit rejected a facial challenge to the Federal Communications Commission’s (“FCC”) new rule requiring “providers of commercial mobile-data services to offer data roaming agreements to other such providers on commercially reasonable terms.”  The court held that the FCC had statutory authority to regulate data roaming, and that the flexibility of the new requirement does not amount to the imposition of common carrier requirements.