The U.S. International Trade Commission (“ITC”) continues to be a popular venue for patent litigation under Section 337 of the Tariff Act of 1930. The speed at which Section 337 investigations proceed and the significance of an adverse decision can create circumstances that may lead to allegations of improper conduct. Similar to patent litigation in … Continue Reading
In a recent post, I discussed a September Federal Circuit decision (Cooperative Entertainment v. Kollective Technology) that reversed a lower court dismissal of a patent infringement case on Section 101 eligibility grounds under the Supreme Court’s 2014 Alice Corp. v. CLS Bank test. Just weeks after that ruling, the Federal Circuit in IBM v. Zillow … Continue Reading
On October 4, 2022, in a 52-page Director review decision in an inter partes review (IPR) proceeding involving recently-formed entity OpenSky Industries LLC, USPTO Director Katherine Vidal sanctioned OpenSky “to the fullest extent of [her] power” because of OpenSky’s abuse of the IPR process, including flaunting of the Director’s discovery orders. The Director applied negative … Continue Reading
One of the threshold requirements for obtaining a patent under U.S. law is that the invention is a “new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof…” In other words, the subject matter of the invention must be eligible for patenting. Many courts have used this requirement … Continue Reading
Last month, in an important ruling for Internet service providers, and anonymous users alike, a new defense is taking shape to subpoenas issued pursuant to the “unmasking” provisions of the Digital Millennium Copyright Act (“DMCA”). Specifically, in In re DMCA § 512(h) Subpoena to Twitter, Inc., N.D. Cal. Case No. 20-mc-80214, district judge Vince Chhabria … Continue Reading
Ensuring lower international roaming charges continues to be a key policy priority for the EU, even at a time when non-essential travel is discouraged. The European Commission has in fact proposed that a new regulation will prolong the current EU roaming rules that are due to expire in 2022 (including, among other instruments, the Roaming … Continue Reading
The recent US$69 million sale of an “NFT” by digital artist Beeple in March 2021 generated considerable attention, both within and outside the realm of art. NFTs are digitally unique “non-fungible tokens,” based on block chain technology, that are used to manage the IP rights of artists in underlying works. New and innovative uses for … Continue Reading
The European Commission published the preliminary results of its IoT sector inquiry and tech giants come under pressure for the alleged “gatekeeper” role that their voice assistant apps (such as Siri, Alexa, and Google Assistant) play in smart homes and with other connected consumer devices. The EU sector inquiry has so far collected over 200 … Continue Reading
The 2020 pandemic and related restrictions on retail businesses led consumers redirecting their purchasing and spending to online sales. For example, in the EU and UK, online sales reportedly grew by 30-40% after lockdown restrictions were introduced in March last year. This trend has shone a light on certain online sale practices that raise concerns … Continue Reading
On January 13, 2021, the Department of Defense (DoD) announced the launch of its Trusted Capital Digital Marketplace (TCDM) to support qualified small and medium sized businesses (“Domestic Companies”) that make up the defense industrial base (DIB). The TCDM establishes a forum to provide selected innovative domestic companies with access to “vetted” sources of private … Continue Reading
The Consumer Financial Protection Bureau is providing a new forum for innovation – designated as Tech Sprints – to generate “actionable ideas” for reducing regulatory burdens and improving consumer understanding of financial services. Tech Sprints will be held virtually, and competing teams will work to realize identified goals. The first Tech Sprint, to be held … Continue Reading
A brief overview La propriété, c’est le vol! (roughly translated as “property is theft!”). Perhaps the most famous assertion of Pierre-Joseph Proudhon, the French philosopher, considered by some to be the father of anarchy. A contemporary of Karl Marx, Proudhon’s focus was on physical property. However, this resonates with the early libertarian open source software … Continue Reading
On January 28, 2020, the US Federal Trade Commission will hold a public workshop on voice cloning technologies. As the federal agency charged with protecting consumers from fraudulent and deceptive marketing practices, the FTC workshop will review the potential misuse of voice cloning technologies as well as its benefits. The workshop will include three panel … Continue Reading
When Ursula von der Leyen announced the composition of her proposed European Commission, the announcement contained an interesting innovation. For several decades, the Competition Commissioner has had a slightly distinct position from the other members of the College. The Competition Commissioner has been responsible both for the policy framework governing competition, and for approvals of … Continue Reading
On Thursday 11 July 2019, the UK government confirmed that it will bring forward legislation for a new Digital Services Tax (DST) to take effect from April 2020. Squire Patton Boggs’ Tax team have prepared an alert, analysing the proposed legislation and assessing its possible impact and wider implications, which can be downloaded here. For more information, please contact Jeff VanderWolk.… Continue Reading
On 13 June 2019, the Court of Justice of the European Union (“CJEU“) published its ruling on the classification of Gmail in the EU following a request for a preliminary ruling from the German Courts. Gmail is a web-based email service, and is a type of “Over-The-Top” (“OTT”) service. The CJEU determined that Gmail is … Continue Reading
On 5 June 2019, the Court of Justice of the EU (CJEU) published its ruling on the classification of SkypeOut in the EU following a request for a preliminary ruling from the Belgian Courts. Skype is a Voice over IP service (VoIP) and the ‘SkypeOut’ component is an interconnected VoIP service that allows the service … Continue Reading
Last month, Chris Stevens-Smith wrote about football cards’ new lease of life through the use of blockchain for our sister blog Sports Shorts. The article looks at the use of crypto trading cards, and how football clubs are using technology to engage with their fans. You can read the blog here, and subscribe to Sports Shorts … Continue Reading
In a press release published on February 14th, 2019, the European Commission announced, as part of the Digital Single Market strategy, a draft regulation aimed at creating a fair, transparent and predictable business environment for businesses and traders when using online platforms. The new rules are underpinned by an impact assessment that incorporates evidence and … Continue Reading
Cryptoassets are coming out of the shadows. Slowly but surely. Over the past decade or so, perhaps principally driven by huge gains (and losses) in the value of Bitcoin, there has been a palpable dawning recognition that cryptoassets, and the distributed ledger technologies (DLT) that underpin and encrypt them (such as Blockchain), are here to … Continue Reading
If you keep an ear tuned to recent developments in digital currency and blockchain, you’ve almost certainly heard the term “Security Token Offering” (or “STO”) bandied about. But what exactly is an STO? Is it legally, functionally, or technologically different than an ICO? Or is this simply old wine in a new bottle?… Continue Reading
In early December 2018, the Geo-Blocking Regulation 2018/302 (the Regulation) came into force across the EU, with the aim of creating a single digital market by banning unjustified geo-blocking (the blocking of access to websites to individuals based in certain territories) and other forms of discrimination based on customers’ nationality, place of residence or establishment … Continue Reading
Using artificial intelligence (AI) and big data is becoming an increasing conundrum in the drive for competitive advantage. Governments and industry are all developing AI plans, but what does this mean and what are the social consequences? If you are an EU or national policymaker, what regulatory framework should you consider? Are the existing liability … Continue Reading
Decree No. 2058-1057 of November 29 2018 on foreign investments subject to prior approval France, who in recent years has been relatively open to overseas investors, has extended its control over foreign investment into certain ‘sensitive’ industries, particularly the IT, cybersecurity, communication and technology sectors.… Continue Reading
