Archive | August, 2012

4th Circuit Adopts Narrow Construction of CFAA

Does an employee act “without authorization” or “exceed authorized access” under the Computer Fraud and Abuse Act, 18 USC § 1030, by accessing  computers with a username and password provided by an employer, albeit in a manner against the employer’s policies and/or interests?  The Fourth Circuit has joined other courts taking a narrow view of […]

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Are Webpages “Published” Under U.S. Copyright Law?

Allegedly infringed webpages were held not to be “publications” under U.S. copyright law.  Rogers v. The Better Business Bureau of Metropolitan Houston, Inc., No. H-10-3741 (Aug. 15, 2012).  The plaintiff had described the webpages as unpublished when applying for copyright registrations.  The defendant argued that the webpages were published, and that the copyright registrations were […]

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Telephone Transaction Data Claims Not Patent-Eligible

Claims directed to storing transaction data captured via a telephone are invalid under 35 U.S.C. § 101, says a Delaware District Court.  Cyberfone Sys. LLC v. Cellco Partnership, Civ. Nos. 11-827-SLR, 11-829-SLR, 11-831-SLR (D. Del. Aug. 16, 2012).  Accordingly, the court granted summary judgment of invalidity in favor of the defendants concerning U.S. Patent No. […]

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Functional Language Renders Claims Indefinite

Patent claims broadly reciting functions of a “controller” are indefinite under 35 U.S.C. § 112, second paragraph, according to the court in Markem-Imaje Corp. v. Zipher, Ltd., Civil No. 07-cv-00006-PB (D. N.H. Aug. 9, 2012).  The court therefore granted accused infringer Markem’s motion for summary judgment of invalidity. A representative patent claim recited a tape […]

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Claims for Vicarious Liability for Direct Patent Infringement Dismissed (But Claims for Direct Infringement Were Adequately Pled)

Allegations that the popular Slingbox device directly infringes two patents satisfied Form 18 of the Federal Rules of Civil Procedure, and thus survived a motion to dismiss.  Joao Control and Monitoring Systems of California LLC v. Sling Media Inc., No. C-11-6277 EMC (N.D. Cal. Aug. 7, 2012).  However, the plaintiff’s allegations that Sling Media was […]

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Medical Method Claims Recite Patentable Subject Matter, Prometheus Notwithstanding

Patent claims directed to a method for choosing an immunization schedule recite patentable subject matter even in light of the Supreme Court’s decision in Mayo Collaborative Services v. Prometheus Labs, 132 S. Ct. 1289 (2012), according to the District Court in Classen Immunotherapies, Inc. v. Biogen Idec, No. WDQ-04-2607 (D. Md. Aug. 9, 2012).  The […]

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Software Can Be a “Good” under the California UCC

Sale of a software license constituted sale of a “good” for purposes of applying the California UCC.  Gross v. Symantec Corp., No. C 12-00154 CRB (N.D. Cal. July 31, 2012).  A putative class action plaintiff sued Symantec, alleging that a free trial for its software “was essentially a scam, and that the software does not […]

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Are Links on a Social Network Contributory Copyright Infringement?

Because it was not satisfied that a social network, hosting links to copyrighted videos, was a contributory infringer, the Seventh Circuit has vacated a preliminary injunction against the social network.  Flava Works, Inc. v. Gunter, No. 11-3190 (7th Cir. Aug. 2, 2012).  According to Judge Posner’s opinion for the court, even if the defendant, myVidster, […]

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Prior Art Publications Are Presumed to Be Enabling

The presumption that a prior art reference is enabled applies to printed publications in addition to patents, the Federal Circuit has explained in In re Antor Media Corp., No. 2011-1465 (Fed. Cir. July 27, 2012).  Further, the Federal Circuit affirmed the Board of Patent Appeals and Interferences and upheld rejections issued in a re-examination of […]

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