Nintendo Dodges $10.1 Million Jury Verdict in Texas Order Invalidating iLife Patent Under Alice

27 03 2020
IP Watchdog
IPWatchdog
January 22, 2020
The U.S. District court for the Northern District of Texas, Dallas Division, overturned a $10.1 million jury verdict on January 17 against Japanese gaming giant Nintendo under the Supreme Court’s Alice test, which the High Court recently declined to clarify amidst confusion. In August of 2017, a Texas jury entered a verdict against Nintendo, finding that the company had infringed upon a patent asserted by Texas-based medical tech firm iLife Technologies Inc. The jury agreed that iLife proved that it was owed $10.1 million in a lump sum royalty for the sales of a series of games for Nintendo’s Wii U console. The jury also found that Nintendo didn’t prove invalidity of the asserted patent. In its analysis overturning the jury verdict, the district court reasoned that “[a]t its core, Claim 1 is directed to the abstract idea of ‘gathering, processing and transmitting…information.’”
The content in this post was found at https://www.ipwatchdog.com/2020/01/23/trademark-litigation-review-happened-2019-watch-year/id=118137/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Trademark Litigation Review—What Happened in 2019 and What to Watch This Year

27 03 2020
IP Watchdog
Nicholas Hawkins
January 23, 2020
Two things are true about the world of trademarks—it is rarely boring, and something is always on the horizon. The following are some of the significant trademark decisions of 2019, as well as two critical cases to watch as 2020 begins: 1. The Supreme Court’s ruling in Iancu v. Brunetti rejected the Lanham Act’s ban on offensive marks on the grounds that such a ban violates the First Amendment Right of Free Speech. The case involved clothing brand FUCT, which stands for “Friends You Can’t Trust,” and its founder, Erik Brunetti, who sought to register the brand’s name with the U.S. Patent and Trademark Office (USPTO). The USPTO refused to register the name, determining it was immoral and scandalous. Brunetti argued to the Trademark Trial and Appeal Board (TTAB) that the mark was not vulgar, and that Section 2(a) of the Lanham Act was unconstitutional because it violated the First Amendment. However, the TTAB affirmed the USPTO’s refusal and Brunetti appealed to the U.S. Court of Appeals for the Federal Circuit (CAFC).
The content in this post was found at https://www.ipwatchdog.com/2020/01/23/trademark-litigation-review-happened-2019-watch-year/id=118137/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Protecting Creative Works After Fourth Estate v. Wall-Street.com

27 03 2020
IP Watchdog
Candace Lynn Bell & Christina Frangiosa
January 23, 2020
In a landmark ruling, the Supreme Court finally unequivocally answered the question about whether copyright owners need to receive a Registration Certificate from the Copyright Office before filing suit for infringement and thus resolved a difference of opinion among various regional circuit courts.[ed: yes they do] (Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC. Since this decision was issued, federal district courts have cited it in at least 63 decisions. What should artists, writers, and businesses do now to protect their creative work? How should attorneys alter the standard advice they give their clients? Let’s start with a review of what the ruling actually says.
The content in this post was found at https://www.ipwatchdog.com/2020/01/23/protecting-creative-works-fourth-estate-v-wall-street/id=118175/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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RIAA Realizes It Sued Charter Over A Bunch Of Songs It Doesn’t Hold The Copyrights For

27 03 2020

Tech Dirt
Mike Masnick
Mar 26th 2020

It’s been a year since the RIAA sued Charter Communications, using the same strategy it had used against smaller ISPs Cox and Grande Communications — that the DMCA actually requires internet access providers to completely kick users off upon the receipt of multiple (unproven) claims of copyright infringement. The RIAA has been plotting out this strategy for the better part of a decade.

For years, we’ve pointed out a number of problems with this, starting (most importantly) with the fact that accusations are not actual proof of infringement. And to kick people off of their sole access to the internet based solely on accusations would represent a real problem. As first noted by TorrentFreak, Charter has finally filed its answer, defenses, and counterclaims to the complaint. There’s a lot of interesting stuff in there, but a key part: the RIAA and its labels and publishing partners quietly admitted that they were suing over songs they did not hold the rights to. That’s kind of a big deal. Indeed, it reminds me of the revelation in the infamous Viacom/YouTube lawsuit that Viacom was suing over songs it had uploaded itself for marketing purposes.

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The content in this post was found at https://www.techdirt.com/articles/20200323/11190544150/riaa-realizes-it-sued-charter-over-bunch-songs-it-doesnt-hold-copyrights.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Review of Key 2019 Trade Secret Decisions and Trends (Part II)

26 03 2020
IP Watchdog
Peter J. Toren
January 26, 2020
Part I of this series covered (1) Food Marketing Institute v. Argus Leader Media, 139  S.Ct. 2356 (2020) in which the Supreme Court held that commercial or financial information that is customarily and actually treated as private by its owner and provided to the government under an assurance of privacy is “confidential” under exemption 4 to the Freedom of Information Act and is therefore shielded from disclosure; (2) trade secret cases dismissed on the statute of limitations; (3) improper acts for unclean hands doctrine must be related to the misappropriation claim; (4) the Department of Justice’s continued and increasing focus on theft of trade secrets involving a Chinese connection; and (5) award of “head start” damages. In Part II, we will look at some additional important 2019 trade secret decisions and trends.
The content in this post was found at https://www.ipwatchdog.com/2020/01/26/review-of-key-2019-trade-secret-decisions-and-trends-part-ii/id=118215/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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How the Artist Community Can Go Beyond Social Media for Copyright Policing & Enforcement

26 03 2020

LexBlog
Peggy Keene
January 28, 2020

Artist Jonas Jödicke recently found himself in a social media firestorm after confronting musical artist Aaron Carter on Twitter over Carter’s alleged unauthorized use of his artwork.

In this blog we have written at length about the struggles between artists and copyright infringement, such as an artist’s struggle against copyright infringers that recreated her work in other mediums. [View “Cease-and-Desist Letters are Important Tools in an Artist’s Arsenal”.] This post will discuss the part social media plays, why inaction can be detrimental, and the legal options artists have against copyright infringement of their works.

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The content in this post was found at https://www.lexblog.com/2020/01/28/how-the-artist-community-can-go-beyond-social-media-for-copyright-policing-enforcement/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Caltech wins $1.1 billion patent award against Apple and Broadcom

26 03 2020

ars technica
Timothy B. Lee
January 1, 2020

The nine-person jury in the US District Court for the Central District of California reached its verdict after a two-week trial, the Los Angeles Times and Law360 report. Apple and Broadcom plan to appeal the decision.

The patents claim irregular repeat-accumulate codes, a mathematical technique for encoding data that allows it to be reconstructed if some bits are scrambled during transmission. Error-correcting codes have been used in communications networks for decades, but IRA codes offered a better tradeoff between robustness and decoding time than previous techniques. Researchers at Caltech published a paper about the technique in 2000 and filed several patent applications around the same time.

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The content in this post was found at https://arstechnica.com/tech-policy/2020/01/caltech-wins-1-1-billion-patent-award-against-apple-and-broadcom/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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YouTube Takes Down Live Stream Over Copyright Claim…Before Stream Even Starts

26 03 2020

Tech Dirt
Timothy Geigner
Jan 30th 2020

It seems that the concern over how YouTube is handling its platform when it comes to enforcing copyright claims is reaching something of a fever pitch. Hell, in just the last couple of weeks we’ve seen a YouTuber have his videos demonitized over copyright claims to the numbers “36” and “50”, rampant abuse of ContentID even as the EU edges closer to making that platform a requirement through Article 17, and wider concerns about YouTube’s inability to enforce moderation at scale in a way that makes even a modicum of sense. The point is that it’s becoming all the more clear that YouTube’s efforts at content moderation and copyright enforcement on its site are becoming a nightmare.

And perhaps there is no better version of that nightmare than when one YouTube streamer found his live stream taken down when Warner Bros. claimed copyright on it… before that live stream had even begun. Matt Binder hosts the political podcast “DOOMED with Matt Binder.” He also livestreams the show on YouTube. The night of the last Democratic Presidential debate, he scheduled a livestream to discuss the debate with a guest.

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The content in this post was found at https://www.techdirt.com/articles/20200129/13563143825/youtube-takes-down-live-stream-over-copyright-claimbefore-stream-even-starts.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Intellectual Property Outlook: Cases and Trends to Follow in 2020 — PART 2

26 03 2020

LexBlog
Robert Masters, Jonathan DeFosse & Kevin A. Ryan
February 3, 2020


PART 2: EFFORTS TO CLARIFY PATENT ELIGIBILITY UNDER § 101

In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property law and practice in 2020. The first part of the series – looking at IP issues currently pending before the Supreme Court – can be found here.

In this second part of the series, we look at possible developments in the law of patent eligibility under 35 U.S.C. § 101. Since the Supreme Court’s decisions in Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. 66 (2012), and Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014), patent eligibility has likely been the single most confounding and controversial issue in the area of patent law. In this article, we consider:

  • The current state of patent eligibility since the decisions in Mayo and Alice;
  • Efforts to get the Supreme Court to address § 101 again;
  • The growing trend of avoiding § 101 issues through artful pleading;
  • Whether courts will return to a modified version of the “machine-or-transformation” test as a way to ensure patentability of “physical” inventions; and
  • Potential legislative “fixes” to patent eligibility.

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The content in this post was found at https://www.lexblog.com/2020/02/03/ip-outlook-cases-trends-2020-part2-patent-eligibility/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Google Search Qualifies For Section 230, Whether or Not It’s a “Platform”–Chukwurah v. Google

26 03 2020

Technology & Marketing Law Blog
Eric Goldman
February 4, 2020

This is a prisoner pro se lawsuit. “The Complaint avers that beginning February 28, 2014, Google identified Chukwurah as a ‘a triple murderer serving 50 years in a Maryland,’” allegedly because of false court documentation. The court explains:

the Court, at best, may plausibly infer that Google amounted to the search engine which linked Chukwurah’s name to content created and published by the Circuit Court. Even Chukwurah concedes that Google “is a search engine who didn’t start this defamation.” Thus, the CDA precludes the common law defamation claims against Google as a third-party interactive computer service provider…

Chukwurah, in response, seems to argue that the CDA does not bar his claims because Google created the platform that “enabled the defamation of [his] name in a demonizing manner [g]lobally.” But this is precisely the service provider’s role that the CDA aims to protect. Where, as here, a lawsuit seeks to hold the provider liable for decisions about posting content created by a third party, the CDA precludes the claim against that provider.

The court deftly sidesteps the platform vs. publisher dichotomy, which makes sense because that dichotomy is asinine and incoherent. As the court succinctly says, Section 230 immunizes lawsuits that seek to “hold the provider liable for decisions about posting content created by a third party.” Call it a platform or a publisher; it doesn’t matter. The result is the same either way: Section 230 preempts the claim.

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The content in this post was found at https://blog.ericgoldman.org/archives/2020/02/google-search-qualifies-for-section-230-whether-or-not-its-a-platform-chukwurah-v-google.htm Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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