Lauren Gelman's blog

Petitioner MedImmune entered a patent license agreement with respondent Genentech in 1997. Under the arrangement, MedImmune agreed to pay royalties on sales of antibodies that would otherwise infringe an existing patent and a pending patent application. The patent application matured into Genentech's "Cabilly II" patent in 2001. Shortly after this application matured, Genentech indicated its belief that MedImmune's product Synagis was covered by the Cabilly II patent and its expectation that MedImmune would pay royalties on sales of Synagis under the 1997 agreement. Read more about Supreme Court Holds Licensees in Good Standing May Seek Declaratory Judgment on Patent Validity, Enforceability, or Infringement

As part of its ongoing investigation into the Bay Area Lab Cooperative (“Balco”) and its alleged distribution of steroids to professional baseball athletes, the federal government obtained grand jury subpoenas and search warrants for two drug testing laboratories, Comprehensive Drug Testing, Inc. (“CDT”) and Quest Diagnostics (“Quest”). Read more about Government May Retain Intermingled Evidence Seized from MLB Drug Testing Labs

Declining to follow similar cases in other circuits, a federal district court for the Eastern District of Pennsylvania ruled that a website’s attempt to increase its ranking in search engine listings through invisible use of a competitor’s trademarks, either through hidden meta tags or as a keyword to trigger its own paid advertisements, does not violate federal trademark law under the Lanham Act.

I. Factual Background Read more about Court Declines to Follow Other Circuits on Use of Trademarks in Metadata

Lambert filed suit against Greg Hartmann and the Hamilton County Board of County Commissioners under 42 U.S.C. § 1983 for violating her constitutional right of privacy. In 2003, Lambert had been issued a speeding ticket, which was published along with her name, signature, home address, birth date, driver’s license number, and social security number on the Hamilton County Clerk’s website. Publication of this information resulted in identity theft: an individual used Lambert’s identity to obtain a credit card and charge thousands of dollars of goods before being apprehended. Read more about An Ohio District Court Rejects a Constitutional Claim for Privacy in Personal Information When the Only Identifiable Risk is Fin

Plaintiff, formerly SFX Motor Sports, Inc. (now Live Nation Motor Sports, Inc.), produces motorcycle racing events known as Supercross and broadcasts these races through radio, television, and the Internet. Defendant, Robert Davis (“Davis”), provided a link to audio webcasts of Supercross races on his website, www.supercrosslive.com. Plaintiff alleged trademark infringement, copyright infringement, and unfair competition. Read more about Providing Unauthorized Link to Live Audio Webcast Likely Constitutes Copyright Infringement

The court started its analysis by re-stating that there are three groups of parties that are entitled to bring a patent suit: (1) patentee, (2) successors in title to patentee, (3) transferee of all substantial rights in the patent for standing purposes. Read more about Federal Circuit Rules That Explicit Assignment of Right to Sue without Transfer of All Substantial Patent Rights Is Insufficient

The Second Circuit upheld a summary judgment finding of fair use by the U.S. District Court for the Southern District of New York in a case involving “appropriation art,” art that incorporates objects and images taken from popular media and consumer advertising. Plaintiff Andrea Blanch, a fashion photographer, sued Jeff Koons, a visual artist, as well as the art galleries that had commissioned his work, for unlicensed use of one of her photographs, “Silk Sandals by Gucci,” that had been published in Allure magazine. Read more about Second Circuit Upholds Finding of Fair Use in “Appropriation Art” Piece

Plaintiff Auto Inspection Services, Inc. (“AIS”) owns the copyright to an automotive inspection program (“AIS’s Program”) that contains a quality control feature designed to track unauthorized use of the program. Defendants Flint Auto Auction, Inc., Inviso, Inc., and Priority Inspections, Inc. (collectively “FAA”) are in the automotive inspection business. FAA obtained a non-exclusive license of AIS’s Program to perform inspection of cars for GMAC in 2003. When an alleged unauthorized user attempted to use FAA’s license for AIS’s Program in 2004, AIS terminated FAA’s license. Read more about District Court Finds Failure to Demonstrate Circumvention of a Technological Measure in DMCA Claim Involving User Detection Feat

This is a nice piece that describes the difference between the Google Book Project and the Internet Archive/Open Content Alliance Project to make book texts search-able.

Bottom line: Libraries are agreeing that the books Google scans in will only be available through Google's search index. The Internet Archive Project will make books it scans available through any search engine. Read more about Difference between Google Book Project and Open Content Alliance

here.

Though the Court acknowledged that there had been a change from an opt-in to an opt-out system of copyright, the court held that because Eldred had resolved a “similar” claim, it would not “ignore the clear holding of Eldred” (about, apparently, not the same claim, but a “similar” claim.) Read more about Lessig on Kahle decision

Beyond a Physical Conception of the Fourth Amendment:
Search and Seizure in the Digital Age

Stanford Law School
January 26th, 2007
http://stlr.stanford.edu/symposium.html

* Can the government search your computer without a warrant?
* Can they obtain your personal information from your Internet service provider?
* Is it constitutional for the cops to track your movements?

Hear what the experts have to say, and let them know your opinions, through our symposium: Beyond a Physical Conception of the Fourth Amendment: Search and Seizure in the Digital Age. Top technology and privacy experts from across the country will argue about the Internet, criminal procedure, RFID, and the Constitution.

Best of all, you can participate! Five authors' drafts will appear on the symposium website for commenting before (and after) the live event. Read, respond, and be heard in the live discussion!

Where: Stanford Law School
When: Friday, January 26th, 8:30 A.M. to 6:00 P.M.
Admission: free, and open to everyone!
Website: http://stlr.stanford.edu/symposium.html
Sponsors: the Stanford Technology Law Review, Center for Internet and Society, and Criminal Justice Center

Registration: let us know your name and whether you're coming at techsymposium@gmail.com! Read more about Registration open for SLS Symposium 1/26/07: Search and Seizure in the Digital Age

You may be interested in this conference. I am on the Board of Computer Professionals for Social Responsibility (CPSR) and will be at the event.

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CPSR (Computer Professionals for Social Responsibility) is sponsoring a barcamp-style "unconference" on Technology and Politics on Sunday, December 17 in San Francisco.

The goal is to create stronger coalitions devoted to democratic technology, freedom, social justice, and sustainability.

Sign up on the event wiki. Read more about Technopolitics Bar Camp

Wired News reports that MPAA killed a comprehensive CA pretexting bill because they didn't want it to hamper their private investigators who use pretexting to weed out video piracy.

This is just amazing. The MPAA's ability to catch pirates is more important than your right to privacy in your personally identifiable information.

Now when you read another story like the HP pretexting scandal, you'll know who to blame. Read more about MPAA kills Anti-Pretexting Bill

Many people have been saying for a long time that one great benefit of publishing news online is that publishers are not constrained by page limits. Today, the NYT published the text of a Nov. 8 memorandum prepared for cabinet-level officials by Stephen J. Hadley, the national security adviser, and his aides on the National Security Council. The five-page document, classified secret, was read and transcribed by The New York Times. It is listed on the site as the most blogged news story. The second most blogged story was the NYT article about the memo.

This is great for free speech and for discourse more generally. People are able to read the document and comment on what the memorandum actually states, not what a reporter thinks is most interesting and chooses to quote. Read more about Most blogged article on NYT today is a primary source document

Lessig will argue at the Appeal in Kahle v. Ashcroft at 9AM November 13, 2006. A post by the Plaintiff Brewster Kahle. Read more about Lessig to Argue Kahle Case