STLR Link Roundup – November 27, 2013

Newegg found by jury to have infringed patent, owes $2.3 million Newegg lost its latest case against a non-practicing patent holder (or “patent troll”), and has been ordered by a jury to pay $2.3 million to TQP Development for patent infringement. TQP, owned by patent enforcement expert Erich Spangenberg, holds a patent related to SSL and TLS encrypting, a common Internet cipher used by online retailers such as Newegg, as well as other companies from Continue Reading →

STLR Link Roundup – November 23, 2013

Apple Awarded $290 million A jury awarded Apple $290 milllion in its patent retrial against Samsung today, a figure much less than Apple had wanted. Apple asked Samsung for $380 million in damages during the trial, while Samsung argued it should only be paying $52 million. Together with the $599 million that Apple was awarded from Samsung for patent infringement last year, and $40 million from another patent case involving one of Samsung’s smartphones, the Continue Reading →

STLR Link Roundup – November 22, 2013

‘Google Books’ Ruled Fair Use Judge Chin of the U.S. Court of Appeals for the Second Circuit held that the Google Books project was protected under fair use. Chin’s decision emphasized both the transformative nature of the project, as well as its significant social benefits. However, there have also been conflicting opinions about the decision with regards to the actual fair use analysis conducted by Judge Chin. The Authors Guild will appeal the S.D.N.Y. decision. Continue Reading →

Legal Issues in Cloud Computing

Cloud computing is when a user provides an input for a program, but some or all of the program’s processing is outsourced to another computer or set of computers (the “cloud server”). Google Maps is an easy example of this – the user provides an input, which Google’s cloud server processes in order to provide the user an output. Cloud servers, in processing inputs, will acquire data, some of which may be highly sensitive (i.e., Continue Reading →

How Should International Purposeful Availment Grow with the Internet?

Courts have used internet activity to find personal jurisdiction in the United States.  Many of these cases have relied on either the Zippo test from Zippo Manufacturing Co. v. Zippo Dot Com, Inc or the Calder test from Calder v. Jones.  The Zippo test applies a sliding scale where a court looks at the interactivity versus passivity of a website to find purposeful availment and is considered to be the main standard in internet jurisdiction Continue Reading →

STLR Link Roundup – November 7, 2013

High-Tech, “Green” Cars Could Be the Next IP Battleground In the last five years, the number of patents filed per quarter increased from 20 to 90 by automobile manufacturers. These patents all relate to hybrid or electrical vehicle technologies. Automobile manufacturers are worried that the litigation war affecting the smartphone industry will spread to electric and hybrid vehicles. The automobile industry has been steadily expanding, and questions by potential consumers about battery reliability, driving range, Continue Reading →

Medication Abortions: Is a state’s limitation of drug induced abortions only to FDA-approved practices constitutional? Courts disagree.

Last week, three courts, the Oklahoma Supreme Court, the Western District of Texas and the Fifth Circuit Court of Appeals, issued rulings regarding the constitutionality of state abortion laws, specifically, whether a state’s limitation on medication abortions is constitutionally permissible. On Tuesday October 29th, the Oklahoma Supreme Court reaffirmed its earlier ruling that the state’s 2011 preventive abortion law, H.B. 1970, is unconstitutional. The proposed law limited how medications could be administered to patients to Continue Reading →

STLR Link Roundup – November 2, 2013

WTO Rules against China in Rare Mineral Earths Case Chinese government officials announced this Wednesday that the World Trade Organization has ruled against China’s export duties on rare earths. In doing so, the WTO dispute settlement panel basically upheld the joint claim by the United States, the European Union and Japan, questioning Beijing’s policy of limiting the amounts of rare earths it makes available to the international market as a violation of WTO rules. The Continue Reading →