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Technology Law and Electronic Media Updates

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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......

In the case TC Heartland v Kraft Foods, the U.S. Supreme Court reversed cases that permitted patent plaintiffs to sue companies for patent infringement in any of a wide range of federal courts in locales where “jurisdiction” over the defendant could be established. This resulted......

U.S. Court of Appeals Federal Circuit Fine Tunes post – AIA “On Sale Bar” to Patentability: Helsinn v. Teva ( Fed. Cir. May 1, 2017)   This case is important because it further clarifies the standard (as in making more strict) when a sale of a......

Congress Does Away with FCC Data Privacy Regulations over Broadband Service Providers On March 23, 2017, Congress utilized its statutory “disapproval” mechanism to rescind the Federal Communications Commission (FCC) regulations issued in December 2016 limiting use by broadband service providers (like AT&T and Verizon) of......

We have been asked about the election of Donald Trump to the office of the presidency and its impact on intellectual property. We have not found a formal position paper issued by the Trump campaign regarding the United States or international intellectual property law. However,......

It is reported that Maria Pallante, the head of the U.S. Copyright Office, was abruptly removed from her post on Friday. The removal process was reported to include locking down her computer accounts. According to Billboard Magazine, a music industry trade rag, “Pallante was locked......

May 2016. Copyright Law. ORACLE v. GOOGLE (ND Ca). A Jury in the Federal District Court, ND California Finds Google’s Use of Android in certain Java “Declaring Code” that is Owned by Oracle is Fair Use. This was a copyright and patent case brought against......

There is a new impediment for copyright owners trying to police the unauthorized use of copyrighted works in user-generated online content, especially videos. The Federal appeals court Ninth Circuit ruled in Lenz v. Universal Music that a copyright owner has to consider whether “fair use”......

The judiciary has breathed life back into innumerable computer-related patent claims that were considered moribund. The U.S. Court of Appeals, Federal Circuit reversed its precedent regarding whether a computer method claim, where some steps are performed by one party and the rest by another, may......

Are Pharrell and Thicke $7 Million dollars (plus legal fees) poorer and the heirs of Marvin Gaye that much richer (minus legal fees)? Don’t be so sure. In the copyright infringement case making the news, where a jury decided the song “Blurred Lines” was an......

The Federal Communications Commission by a vote of 3-2 just released its new “net neutrality” regulations. The earth-shaking decision is that the F.C.C.’s order “reclassifies ‘broadband Internet access service’… as a ‘telecommunications service’ under Title II.” That reclassification provides the F.C.C. the legal authority to......

The U.S. Court of Appeals, Federal Circuit has significantly strengthened U.S. copyright protection of computer programs. The Court reversed and remanded the Oracle v. Google case. Oracle sued Google alleging that the Android platform infringed its copyrights in the JAVA computer language “API’s” (among other......

2003 Begins with a Flurry of Activity in the Copyright Protection Arena. Range of Media Industry Players File Comments on Broadcast Digital Television Copy Protection Regulations. December 6th, 2002 In response to the Federal Communications Commission (FCC) Notice of Proposed Rulemaking regarding copyright protection for broadcast digital television......

Technology Law and Electronic Media Update

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.
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Technology Law and Electronic Media Update

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.”
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Technology Law and Electronic Media Update

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.
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Technology Law and Electronic Media Update

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 patent litigation case.
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Technology Law and Electronic Media Update

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.
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Technology Law and Electronic Media Update

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.
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Technology Law and Electronic Media Update

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.
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Technology Law and Electronic Media Update

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.
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Technology Law and Electronic Media Update

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.
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Technology Law and Electronic Media Update

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.
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Technology Law and Electronic Media Update

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.
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Technology Law and Electronic Media Update

FCC adopts regulations concerning digital television, and other activities in the electronic media and digital copyright fields.
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Technology Law and Electronic Media Update

Summer of 2003 ends with significant activity in the electronic media and digital copyright fields.
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Technology Law and Electronic Media Update

Further litigation in digital copyright and open source fields among other developments changes the strategic context.
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Digital Copyright Protection Technology Policy Update

2003 Begins with a Flurry of Activity in the Copyright Protection Arena.
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Digital Copyright Protection Battlefront Moves to the F.C.C.

Federal Communications Commission considers a mandate for a digital copyright protection scheme.
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