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アップル対サムスン訴訟公聴会レポート ~pj -更新7- 音声

Today was the day Apple's appeal of Judge Lucy Koh's refusal to issue an injunction against Samsung was scheduled at the US Court...


アップル、モトローラ、ITC - 連邦巡回区控訴裁判所が差し戻し - ビートは続く ~pj

The Federal Circuit has just ruled in Apple's appeal of a final ruling of the ITC, which had ruled in Motorola's favor, overturning the ITC in part and remanding the case: Apple appeals from the final decision of the International Trade Commission (ITC) that the asserted claims of U.S. Patent No. 7,663,607 ('607 patent) are invalid and that Motorola does not infringe the asserted claims of U.S. Patent No. 7,812,828 ('828 patent). Apple challenges the ITC's claim construction and its determinations of obviousness, anticipation, and noninfringement. For the following reasons, we affirm-in-part, reverse-in-part, and vacate-in-part the ITC's decision and remand for further proceedings. So the ugly dance continues. Apple started the show...


ITCのアップル製品輸入禁止命令に対する大統領恩赦とITCの意見 ~pj

Samsung had already appealed [PDF] the portion of the ITC Opinion that denied it relief against Apple regarding the mainly non-FRAND patents the ITC ruled Apple did not infringe, and in connection with that appeal, we find the complete public version of the ITC Opinion [PDF] that the President just overruled attached as an exhibit. It's long, 162 pages because there is an appendix bundled in that same PDF, but I want to show you a few excerpts from the opinion that I hope will demonstrate to you, as they do me, that Apple's pardon was not based on Apple being the good guy in this picture. The ITC found otherwise on the facts in the record. In fact, the ITC specifically states in the opinion that Apple failed to prove that Samsung had violated any FRAND obligation. The pardon, therefore, couldn't have been due to concern about patent hold-up, as was stated [PDF], since the ITC specifically found that Samsung had negotiated with Apple in good faith, had already licensed the '348 patent to...


Viacom対YouTubeの第二審上訴におけるViacom支持のアミカス意見書は6件 - ハリウッドはいまだにインターネットの制御を望む

There aren't as many amicus briefs in this second Viacom appeal as there were in the first, less than half, but there are six die-hards supporting Viacom's second appeal who have just filed their amicus briefs in Viacom v. YouTube-Google. They don't understand the Internet. They hate the DMCA's Safe Harbor provision, and they have learned absolutely nothing from history or from the rulings in this case so far. For example, here's the Copyright Alliance cynically predicting the end of the world if the appeals court doesn't overturn the district court judge's ruling for YouTube: If the court upholds this decision, the burden of ensuring a safe and legal Internet ecosystem will shift almost exclusively onto the shoulders of authors, practically absolving other stakeholders from being in any way responsible for the activities that occur on their websites. That is, I'm sorry to say, not true. There is no shifting *on* to the shoulders of authors, because the Safe Harbor provision in the DMCA *already* puts responsibility on authors to identify their own works if they think they are being infringed. That's what cease and desist letters are for. And after you send one, the entity you sent it to...


MS対モトローラの公聴会: シアトル法廷からのリポート ~pj

There was a hearing today in US District Court Seattle before the Hon. James L. Robart, the presiding judge in Microsoft v. Motorola. We had two volunteers there, and I have our first report for you. This was the hearing on their RAND dispute building up to the second part of the trial in this litigation which is set to begin on August 26th, and, as is typical before a trial, both sides brought motions for summary judgment or partial summary judgment. There was a trial already, part one, with the judge only, no jury, and he set a RAND rate Microsoft should pay to Motorola, a very low rate. But there is a second trial coming up in August,...

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