Vol. 2, No. 4

Court Finds Signals Captured by Keylogger Device are Not “Electronic Communications” where Keystrokes are Not Transmitted to the

By Lauren Gelman on February 15, 2005 at 5:27 pm

The defendant attempted to intercept electronic communications in alleged violation of 18 U.S.C § 2511 (1) (a), known as the Wiretap Act. This Act was written to protect the privacy of electronic, oral, and wire communications. The defendant installed a device called a KeyKatcher. This device was placed on the cable that connects the keyboard to the central processing unit (CPU). The KeyKatcher records the electronic impulses that are sent to the CPU when a key is depressed. These impulses can be translated into text so that a transcript of everything that was typed can be obtained. Read more about Court Finds Signals Captured by Keylogger Device are Not “Electronic Communications” where Keystrokes are Not Transmitted to the

U.S. District Court Holds that Florida Electronic Voting Procedures Meet Constitutional and Statutory Requirements

By Lauren Gelman on February 15, 2005 at 5:24 pm

Florida Congressman Robert Wexler filed an action in Florida circuit court against Palm Beach County Supervisor of Elections Theresa LePore, Florida Secretary of State Glenda Hood, and the Palm Beach County Board of County Commissioners. Wexler was seeking declaratory and injunctive relief to prevent the use of the Sequoia electronic voting system in Palm Beach County, on grounds that this system does not enable manual recounts in compliance with Florida statutes. The suit was dismissed for lack of standing and for lack of a cause of action. Read more about U.S. District Court Holds that Florida Electronic Voting Procedures Meet Constitutional and Statutory Requirements

Claim Term is Defined by Specification and Prosecution History rather than Dictionary Definition

By Lauren Gelman on February 15, 2005 at 5:22 pm

This case concerns how patent claim interpretation can be narrowed by the specification and prosecution history. The invention at issue was a surgical mesh plug that is placed on the weakened muscle wall area of a hernia so that muscle cells can grow on the plug and restore the strength of the muscle wall in the affected area. C. R. Bard, Inc. obtained U.S. Patent No. 5,356,432 on the surgical plug. When U.S. Surgical made a similar surgical plug, Bard sued for infringement. Read more about Claim Term is Defined by Specification and Prosecution History rather than Dictionary Definition

European Court of Justice defines the scope of Database Directive protection to exclude obtaining, verifying or presenting data

By Lauren Gelman on February 15, 2005 at 5:20 pm

The European Court of Justice interpreted and clarified the scope of the sui generis right (a custom-made legislation) in database as provided for in the Directive 96/9/EC – Legal Protection of Databases as excluding football fixture lists or horseracing lists from protection on November 9, 2004 in four similar matters.Fixtures Marketing licenses fixture lists for the top English and Scottish football leagues outside the UK on behalf of the professional football leagues. Read more about European Court of Justice defines the scope of Database Directive protection to exclude obtaining, verifying or presenting data

Vol. 2, No. 4

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