Legal Research

Legal Roundup

Recording Industry Association of America

Judge Michael J. Davis of the U.S. District Court for the District of Minnesota has scheduled the retrial of RIAA v. Thomas for March 9, 2009.  Davis had declared a mistrial last month after he decided that he had erred in one of his instructions to the jury — where he told them that they could find Thomas guilty of “unauthorized distribution” even if the plaintiff couldn’t prove that anyone actually downloaded the songs.  No ruling yet on the RIAA’s appeal of the retrial order.

Business Method Patents

Reuters reports that the Federal Circuit yesterday affirmed the decision of the USPTO Board of Patent Appeals and Interferences (In Re Bilski), rejecting the claims of a business method patent application dealing with hedging risk in commodities trading.

The Federal Circuit cited previous rulings of the U.S. Supreme Court that have evolved into the test to determine whether a claimed process is patent-eligible under 35 USC 101: (a) it is tied to a particular machine or apparatus, or (b) it transforms a particular article into a different state or thing.  The application in question failed in both respects.  (At least I hope this is what the decision is saying.  I’m still having trouble concentrating after Wednesday night.  Have I mentioned that the Phillies are world champs lately?)

The Reuters article raises the possibility that this ruling will lead to the invalidation of other Business Method patents (they specifically mentioned Amazon’s One-Click):

“Erika Arner, a patent attorney with law firm Finnegan LLP, said that many business method patents would now be vulnerable to legal assault.  ‘Some folks will look at the Bilski decision as a new weapon to attack business method patents,’ Arner said.”

Google-Yahoo Advertising Deal

The Wall Street Journal reports today (sub required) that the “odds are dim” that the Google-Yahoo advertising deal will be approved by the Justice Department.  (Shouldn’t that be “odds are slim“?)  According the article, “One sticking point has been the department’s discussion of having the companies sign a consent decree stating the terms of the partnership.  That would subject their compliance to continuing oversight by a judge.”

Full post as published by Jenkins Webblits on October 31, 2008 (boomark / email).