Law Update Newsletters

Technology Law and Electronic Media Updates

Below are links to our Technology Law newsletters distributed by the firm to its clients and other friends.

Have questions? We’d love to hear from you.


November, 2020: Our client ShopKeep, Inc. agreed to be acquired by  Lightspeed POS Inc. (NYSE: LSPD) (TSX: LSPD), a leading provider of cloud-based, omnichannel commerce platforms. Total consideration was approximately $440 million. Sabety +associates, PLLC participated in the transaction advising on intellectual property matters....

October, 2020. Sabety +associates, PLLC quickly fended off another mobile payment patent troll in the case Kwality IP vs. ShopKeep, Inc.   1:20-cv-01316  in the U.S. District Court, Delaware. Our technical analysis of their complaint showed that it was frivolous and demonstrated a  failure to adequately......

November, 2020. Our pro-bono client, Zerobase Foundation, is launching their anonymous  QR-code based COVID-19 infection tracing platform.   We advised Zerobase regarding Intellectual Property, including  licensing and branding.  The nonprofit Zerobase Foundation is working with the government of Costa Rica to deploy an anonymous, QR code-based......

August 27, 2020.  Moderna, the Bio-tech firm famous for its progress on a COVID-19 vaccine, is reported to have never made the required disclosure of its US Government DARPA funding on its 157 patents and patent applications over aspects of its mRNA platform. Under typical......

July 16, 2020. In 2016, the U.S. and the E.U. negotiated a “safe harbor”  arrangement to protect in the U.S.  the personal data of E.U. consumers, called the EU-US Privacy Shield. The  E.U, Commission decided that the Privacy Shield arrangement was sufficient so that  export of......

May 28, 2020. Trump’s Executive Order tasks the Federal Communications Commission to “clarify…and determine the circumstances” under which “a social media platform loses its liability protection” for editorial actions “not taken in good faith.” Communications Decency Act (47 USC § 230(c)). In addition, the order tasks......

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......

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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