Technically Legal

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Bilski: Business Method Patent Invalid

Today the Supreme Court handed down its long awaited opinion in Bilski v. Kappos.

The opinion, authored by Justce Kennedy, affirms the Federal Circuit Court of Appeals, which held that the patent on hedging investments was invalid.

We discussed this way back in November on podcast episode 25. We’ll be doing more detailed analysis over the next few days.

Comments Off Posted in: Links on June 28, 2010

Episode 41: Google Sandwich

Summary Judgment Motions in Viacom v. YouTube, Amazon 1-Click Patent, and Rescuecom v. Google comes to an end.

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Summary Judgment Motions in Viacom v. YouTube

Court orders (relatively) quick unsealing of summary judgment papers in Viacom v. YouTube suit
YouTube: Keep summary judgment papers sealed for months; Viacom: ‘the time has come for transparency and public access’
Get ready for the Viacom v. YouTube summary judgment briefs

Amazon 1-Click Patent Survives Reexam

Amazon One-Click Patent Slides Through Reexamination
Controversial Amazon 1-Click patent survives review
Amazon’s 1-Click Patent Validated After Four-Year Re-Examination

Rescuecom v. Google Ends

Rescuecom Declares Victory… In Dropping Its Lawsuit Against Google
Rescuecom v. Google, Search Terms and Trademark Infringement

1 Comment Posted in: Podcast on March 15, 2010

Federal Circuit Moves Patent Case Out of Texas

Following up on our discussion about bringing patent suits in the Eastern District (E.D.) of Texas on Podcast 27, the Federal Circuit (the Federal Appeals court that hears all patent cases) issued a ruling today ordering the E.D. Texas to move a case filed there to the Eastern District of North Carolina.

The court’s reasoning was that there was virtually no connection between the suit and the E.D. Texas, and that the E.D. of North Carolina was “clearly more convenient.” This is in line with a growing number of cases that are not looking favorably on the practice of what’s called forum shopping, or bringing your law suit in the place that’s most favorable to your side, but not best for getting witnesses, or administering justice. It’s also another example of the courts stepping in to fix a problem where Congress has failed to act (with regard to the patent reform act, we mentioned in the podcast).

Comments Off Posted in: Analysis, Links on December 2, 2009

Episode 27: Groundbreaking Website

Apple files a patent suit, Motorola and Blackberry sued for patent infringement, and database abuse.

Please, download the podcast here. E-mail us with suggestions, comments, or questions.

Apple Sues for Patent Infringement

Apple Files Patent Infringement Suit Over ‘Knock-Off’ Power Adapters
Apple Sues To Stop Power Adapter Knock Offs

Motorola and Blackberry Sued for Patent Infringement

Motorola, Research in Motion sued over voicemail
Klausner Technologies

Database Abuse

http://techdirt.com/articles/20091124/0131587064.shtml

1 Comment Posted in: Podcast on December 1, 2009

Episode 25: Where’s My IHOP

Bilski, International Copyright Treaty, and Using Facebook as an Alibi

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Bilski Arguments

Transcript
Analysis of Oral Argument

ACTA Internet Provisions

The ACTA Internet Provisions – DMCA Goes Worldwide

Facebook Alibi
His Facebook Status Now? ‘Charges Dropped’

Comments Off Posted in: Podcast on November 16, 2009

Apple to Defend Nokia Lawsuit “Vigorously”

Recently, Nokia filed a patent infringement suit against Apple, alleging that the iPhone infringes on Nokia patents.

In a recent SEC filing, Apple summarized the lawsuit, and promised that, “The Company intends to defend the case vigorously.”

What does that really mean? Sadly, little. It’s a public filing, and, as such, the company pretty much has to say that they will put on a vigorous defense. That being said, unless the case is a slam dunk against Apple, and that the patents are clearly valid, I think we can expect Apple to not given in easily.

Comments Off Posted in: Analysis, Links on October 30, 2009

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