Waller TIPS

Waller TIPS

Perspectives on Intellectual Property Issues

Category Archives: Technology

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Federal Circuit Decision Adds to Confusion over Patentability of Software

Posted in Patent, Technology
Just when we thought the issue of patentability of software could not get any more confusing, the Federal Circuit issued its opinion in CSL Bank International v. Alice Corp. Pty. Ltd. on Friday, May 10, 2013.  That case was over a computerized system and method for reducing risk using escrow-based transactions.  The Federal Circuit (sitting … Continue Reading

The Makers of Two Widespread Internet Memes Sue to Enforce Their Copyrights

Posted in Copyright, Entertainment, Technology
In this day and age where an innocuous home video or the latest news story can explode into an internet phenomenon, game developers looking to cash in on the popularity of the latest memes need to carefully consider the potential copyright ramifications of using protected images without permission. Warner Bros. Interactive Entertainment and 5th Cell, … Continue Reading

Recent Analysis of the Anticompetitive Effects of Patent Trolls

Posted in Patent, Technology
Google, Blackberry, Earthlink and Red Hat recently filed with the Federal Trade Commission their analysis of the anticompetitive effects of patent trolls (a/k/a non-practicing entities) on competition.  (Their analysis may be found here.)  What is particularly intriguing is their argument that licensing patents to a non-practicing entity stifles competition because the non-practicing entity is not … Continue Reading

How Exhausting is Self-Replication?

Posted in Patent, Technology
The U.S. Supreme Court recently heard oral arguments in a case expected to have a major impact on the global agricultural industry, individual farmers, and research and development efforts directed to genetically modified crops. To decide the case, the Supreme Court must ultimately elucidate the scope of patent exhaustion in the context of self-reproducing goods … Continue Reading

Sony Patent Application Raises Interesting Copyright Implications

Posted in Copyright, Patent, Technology
Sony Computer Entertainment Japan recently filed for a new patent which has peaked the curiosity of the gaming world. From the published patent application we can gather that Sony’s new technology links each game sold to the console (PlayStation) upon which it is first played. After this initial imprint, the game would be unplayable on … Continue Reading

Electronic Arts Steps Up Its Defense of Its Sims Franchise Against A Popular Social Media Game Developer

Posted in Copyright, Internet, Technology
On August 3, 2012, Electronic Arts filed a copyright infringement complaint against Zynga, Inc. for infringing its copyrights in the Sims franchise, specifically for infringing on the game The Sims Social with Zynga’s The Ville. As the  complaint details, The Sims Social launched in August 2011 on Facebook.  The Sims Social allows players to create … Continue Reading

U.S. International Trade Commission Publishes Proposed Rules To Limit E-discovery

Posted in Technology
Today, the ITC published a notice of proposed rulemaking that would change the rules in 19 CFR 210.  These proposed changes were promulgated after a forum on e-discovery in Section 337 investigations held in July 2011.  After the forum, the ITC considered proposals from various associations, including the American Bar Association Intellectual Property section, various … Continue Reading

Requests for Release of Medical Records to the Social Security Administration

Posted in Privacy, Technology
In April 2012, the Social Security Administration began allowing recipients of social security to begin filing requests for medical records electronically (Form SSA-827).  These requests are now making their way through to providers, who (rightfully so) are scratching their heads when a request for medical records arrives from “John Doe” signed “John Doe – signed … Continue Reading

Second Circuit Rejects Zubulake Revisited Standard on Litigation Hold Notices

Posted in Technology
Sometimes appellate courts have an opportunity to impose reason and common sense in discovery disputes.  In Chin v. Port Authority of New York and New Jersey, the Court of Appeals for the Second Circuit recently did just this.  Chin involved plaintiffs’ attempt to obtain an advantage (i.e., an adverse inference) in an employment lawsuit based … Continue Reading

Healthcare Data Breaches on the Rise

Posted in Internet, Privacy, Technology
The Healthcare Information and Management System Society (“HIMSS”) recently released its “Analytics Report: Security of Patient Data,” the third installment of the report in the last six years.  Despite increased confidence in security safeguards, healthcare providers reported more breaches than in past years.  In 2008, only 13% of respondents reported a security breach.  In 2012, … Continue Reading

DOJ Files Antitrust Suit Against Apple and Major Publishers Regarding E-Book Pricing

Posted in Internet, Technology
Yesterday, the Department of Justice filed an antitrust suit against Apple and five major publishing companies (Hachette, HarperCollins, Macmillan, Penguin Group and Simon & Schuster) regarding the defendants’ practices with regard to e-books.  The DOJ Complaint, available here, alleges that the publishers and Apple conspired to set pricing for e-books in violation of Section 1 … Continue Reading

How to Control E-Discovery Costs

Posted in Technology
The costs of e-discovery continue to rise as companies and individuals compile more and more data in this past-faced digital world.  Every case, small and large, can benefit from an e-discovery lifecycle plan.  Although each case must be analyzed separately and there is not a one-size-fits-all approach that will make sense for every matter, at … Continue Reading

App Platforms to Require Privacy Policies

Posted in Internet, Privacy, Technology
Yesterday, it was announced that the California Attorney General has reached an agreement with the “big six” of mobile app platforms (Amazon, Apple, Google, Hewlett-Packard, Microsoft and Research in Motion) providing that the companies will require mobile apps that collect personal information to have written privacy policies.  In announcing the agreement, the AG’s office cited … Continue Reading

Fifth Anniversary of e-Discovery Rules

Posted in Technology
Today marks the five year anniversary of the electronic discovery amendments to the Federal Rules of Civil Procedure.  The following are observations of the difficulties that have emerged from these Rules and what litigants can do in response. In the comments to the 2006 amendments, the drafters noted, “Electronic storage systems often make it easier … Continue Reading

Renewal of Viacom/Time Warner Cable Dispute Over iPad Application Underscores the Import of Clarity in Digital Distribution Agreements

Posted in Copyright, Technology
After a several-month cease-fire, filings from both parties over the past month indicate that Viacom and Time Warner fully intend to litigate the issue of whether the parties’ contracts give Time Warner the right to stream Viacom programming over iPads and other devices. Viacom’s lawsuit stems from Time Warner’s iPad app, which allows Time Warner … Continue Reading