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Technology Law and Electronic Media Updates

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Beware Software Vendors! Blackbeard Strikes Again via the U.S. Supreme Court.  March 23, 2020, A videographer that documented the salvaging of Blackbeard’s sunken vessel found off of the Carolina coast sued the State of North Carolina for copyright infringement alleging that it’s posting of his videos......

The COVID-19 virus outbreak is causing many businesses to have employees work from home.  There are IP and data security legal issues at play: trade secrets may lose their status, non-disclosure agreements may get breached and consumer data may get mishandled.  Our primary recommendation is......

February, 2020. The U.S. Supreme Court let stand a finding of willful patent infringement against Apple where the willfulness was found to commence upon the jury verdict of infringement by the lower court. This finding was made despite Apple having a right to appeal the......

This is a new law that the California AG has stated will be enforced beginning July 1, 2020.   The intent is to rein in use of California resident’s personal information by “businesses”.  Loosely, a “business” is defined as an entity (and its affiliates) operating in......

The firm threatened a patent troll with sanction for bringing a frivolous patent infringement case in Scanning Technologies Innovations, LLC v. Shopkeep, Inc., Case No. 1:19-cv-02010-CFC (D. De.) The plaintiff withdrew the complaint. The alleged infringing software was commercially used, promoted and described in a......

We have been asked this question several times. Below is the skinny, but we are finishing a white paper with more detail. If you want a copy of the white-paper, please send an inquiry with your full contact information to: info@sabety.net.   The idea of using the......

Sabety + associates, PLLC Advises on Trademark Liability Risk Arising from “Ad Injection” Technology. Another area that has been a hot topic for us lately is the use of competitors’ trademarks in keyword searches.  A Federal Court in New York has noted that “Virtually no......

Court in California Forgets about the Doctrine of Scènes à Faire in Copyright Law and finds Copyright in a Musical “Function.”  In a bizarre case alleging copyright infringement by a pop-star, Marcus Gray et al v. Katy Perry et al, 2:15-cv-05642-CAS-JC, (C.D.C.A.) a federal court jury......

Sabety + associates, PLLC Defeats an American Disabilities Act (ADA) Class Action Claim brought against a Retail Website.  In the case, Traynor v. The Hereafter, Inc. d/b/a Areaware, Inc., 19-cv-3021 (S.D.N.Y.). August 2, 2019, an allegedly visually impaired person claimed that Areaware’s website contained “access barriers”......

Expect a surge of computer-related patents to issue due to relaxation of the prior standard for patentability.  Jan. 7, 2019.  In a significant development, USPTO has issued new guidelines for examining patent claims over computer process related inventions.  The USPTO recognized that prior examination practice......

The Music Industry Reaches a Tortured Compromise as the U.S. Senate Passes the Music Modernization Act September 19, 2018 U.S. Senate Passes the Music Modernization Act, nee’ the “Orrin G. Hatch Music Modernization Act.” The MMA amends the U.S. Copyright Act in a manner to......

Trump Signs the CLOUD Act, Microsoft Complies and the U.S. Supreme Court Dismisses U.S. v. Microsoft, but the Forecast Remains Cloudy. April 17, 2018 The Supreme Court dismissed as moot the case United States v. Microsoft Corp. (584 U.S. ___ (2018)) in light of the......

U.S. Court of Appeals Guts Google’s “Fair Use” Defense against Oracle’s  Copyright Infringement Claim March 27, 2018 The U.S. Court of Appeals, Federal Circuit, reviewing the long record in this case in a 58-page opinion, concluded that Google’s copying was a “superseding use [that] is......

Public Performance Rights Organizations for songwriters, like ASCAP and BMI (PRO) beat back an effort from the U.S. Department of Justice December 19, 2017.   Public Performance Rights Organizations for songwriters, like ASCAP and BMI (PRO) beat back an effort from the U.S. Department of Justice to......

The Federal Communications Commission (FCC) voted in favor of Chairman Pai’s decision to repeal the so-called “net neutrality” regulations December 14, 2017.   The Federal Communications Commission (FCC) voted in favor of Chairman Pai’s decision to repeal the so-called “net neutrality” regulations (put in place under......

Donald Trump’s Threat to China regarding “theft” of U.S. Intellectual Property May Be a Paper Tiger August 15, 2017.   Donald Trump’s Threat to China regarding “theft” of U.S. Intellectual Property May Be a Paper Tiger. Following up on some campaign rhetoric (see our newsletter from November......

Technology Law and Electronic Media Update Archives

 

  • House Judiciary Chairman Bob Goodlatte (R-Va.) introduced a controversial patent “reform” bill in an attempt to reign in what some view as abusive patent litigation—this coming a year after the effective date of the prior reform bill.  The new bill proposes that patent plaintiffs that lose pay the defendant’s legal fees, unless their case was substantially justified. (Click here to PDF)

  • President Obama calls for standardized practices for maintaining cyber-security of critical infrastructure. Federal Trade Commission issues rules governing tracking of children under age 13 by websites under the Child On-line Privacy Protection Act. DON’T FORGET: ON MARCH 16 THE PATENT LAW CHANGES TO “FIRST TO FILE.” (Click here to PDF)

  • Federal court rules in a patent case that no preliminary injunction should issue if the alleged infringement by a computer product is not the primary driver of its sales. In addition, the court widens the basis of possible infringement liability by Internet website operators for certain kinds of patented computer process claims. (Click here to View)

  • Ted Sabety publishes “Weak IP Protection Hurts Small Businesses” in Inventors Digest Magazine, Illuminex Corporation receives a Notice of Allowance, Drive Sentry receives a patent, Sabety +associates defends Destiny Media Technologies et. al. in a patent litigation case. (Click here for PDF)

  • U.S. Supreme Court clarifies Anti-Trust treatment of patents, New Bill authorizes Digital Radio Broadcast Flag, Research Grant application invalidates Researcher’s patent and other important news from the technology law and electronic media fields. (Click here for PDF)

  • Important news concerning a U.S. court decision extending software patent protection to foreign sales, recent developments in revising the U.S patent statute, the possible end of the s. 115 compulsory copyright license, the failure of the pan-Europe software patent proposal and other news from the technology law and electronic media fields. (Click here for PDF)

  • Important news concerning extensive revisions to the U.S. patent statute under consideration by congress, legislative process begins to mandate consumer datasecurity, and other news from the technology law and electronic media fields. (Click here for PDF)

  • European Commission postpones its decision to approve patent protection for software in Europe, FCC Unanimously Rules that Voice over I.P. (VOIP) is an “interstate” service exempt from state regulatory requirements, US Patent and Trademark Office Establishes a New Invention Class for Nanotechnology, 9th Circuit Court of Appeals Finds Three Note Sample in a Hip-Hop Record “De Minimus” Copying of the Underlying Song and other news from the technology law and electronic media fields. (Click here for PDF)

  • Important news concerning a New York state ruling on Voice over IP, a Nanotech IPO, The i-Pod technology, Intel, SCO, The Free Software Foundation, and other news from the technology law and electronic media fields. (Click here for PDF)

  • Kodak sues Sony for Infringing Digital Camera Patents, FTC Questions Innovation Market Anti-Trust Theory, F.C.C. Rules that Pulver.com’s Voice Over IP Service is Exempt from Telecommunication Provider Regulations, and other news from the technology law and electronic media fields. (Click here for PDF)

  • Congressional committee approves database protection law; Trademark infringement case over search keywords reinstated and settled; Copyright Office Sets Digital Sound Recording Performance Royalties, and other activities in the technology law and electronic media fields. (Click here for PDF)

  • FCC adopts regulations concerning digital television, and other activities in the electronic media and digital copyright fields. (Click here for PDF)

  • Summer of 2003 ends with significant activity in the electronic media and digital copyright fields. (Click here for PDF)

  • Further litigation in digital copyright and open source fields among other developments changes the strategic context. (Click here for PDF)

  • 2003 Begins with a Flurry of Activity in the Copyright Protection Arena. (Click here for PDF)

  • Federal Communications Commission considers a mandate for a digital copyright protection scheme. (Click here for PDF)
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