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GLG News by Hardware / Computer Patent Experts: Lawyers

Douglas Lichtman, Professor of Law
Douglas Lichtman, Professor of Law
University of California, Los Angeles
October 31, 2008
BYI Wins; Appeal Pending
Analysis of: U.S. District Court Stays Antitrust Trial (phx.corporate-ir.net)
BYI has finally succeeded in its defense against IGT's patents on wheel-based bonus games.  Now, the case is up for appeal, at least if the Federal Circuit decides to hear it.
Douglas Lichtman, Professor of Law
Douglas Lichtman, Professor of Law
University of California, Los Angeles
Analysis of: Google Book Search Settlement (books.google.com)
A tentative settlement was reached this week in the Google Book Search litigation, opening the door to great possibilities but also raising new questions about the emerging market for online book distribution.
Douglas Lichtman, Professor of Law
Douglas Lichtman, Professor of Law
University of California, Los Angeles
Analysis of: Broadcom Files Suit Asserting Qualcomm's Licensing Practices Violate U.S. Law (www.broadcom.com)
After falling short in its recent round of cases against Qualcomm. Broadcom has now filed a new complaint, this time alleging that QCOM's licensing practices are impermissible under a patent rule known as exhaustion.  The bad news for BRCM, however, is that exhaustion almost surely does not ap...
Douglas Lichtman, Professor of Law
Douglas Lichtman, Professor of Law
University of California, Los Angeles
Analysis of: U.S. appeals court favors Broadcom vs Qualcomm (www.reuters.com)
The coverage regarding this week's decision in the BRCM/QCOM patent litigation has stressed the surface facts: namely, that two BRCM patents were affirmed on appeal, and only one was rejected.  What the coverage misses, however, is that the patents are far from equal players.   The patent...
Douglas Lichtman, Professor of Law
Douglas Lichtman, Professor of Law
University of California, Los Angeles
Analysis of: Analyst Sees Buying Opportunity in Bally Tech (biz.yahoo.com)
The main patent case between BYI and IGT is now in its final weeks.  The parties this week sharpened the fight a bit more by filing a series of motions that attempt to have certain testimony and evidence excluded from trial.  Meanwhile, all eyes now turn to the decisions on summary judgment,...
Douglas Lichtman, Professor of Law
Douglas Lichtman, Professor of Law
University of California, Los Angeles
Analysis of: Capitol Records v. Jammie Thomas (www.eff.org)
A few days ago, a District Court in Minnesota reversed course on its own prior holding and decided that, in copyright law, it is not actionable to "offer to distribute" a copyrighted file without permission, but instead only actionable if you actually distribute the file.  The opinion raises a...
Douglas Lichtman, Professor of Law
Douglas Lichtman, Professor of Law
University of California, Los Angeles
September 8, 2008
TiVo's Long Road Home
Analysis of: Ruling in TiVo, Echostar Case Could be Delayed (www.reuters.com)
The September 4th hearing has now come and gone, and still TiVo commentators seem to think that TiVo is moments away from a final, decisive win.  The reality is considerably more bleak.  TiVo's contempt request is likely to be denied, and TiVo will not gain significant leverage unless and...
Douglas Lichtman, Professor of Law
Douglas Lichtman, Professor of Law
University of California, Los Angeles
August 29, 2008
Rambus Wins Again
Analysis of: U.S. trade commission loses bid for Rambus appeal (www.reuters.com)
This week, the Federal Trade Commission was denied a chance to have its case against Rambus reheard by the fuller panel of judges.  That clears the way for Rambus to go back on offense, pushing its patent claims in several cases already significantly underway.
Douglas Lichtman, Professor of Law
Douglas Lichtman, Professor of Law
University of California, Los Angeles
Analysis of: Decision: 20th Century Fox v. Cablevision (www.eff.org)
The copyright community lost a significant court case this month when, on appeal, Cablevision was able to defend its new RS-DVR service.   The legal issues matter tremendously, in my view; but the puzzle for me is whether the RS-DVR service itself is really all that important.
Douglas Lichtman, Professor of Law
Douglas Lichtman, Professor of Law
University of California, Los Angeles
Analysis of: Court Decision: Tiffany v. eBay (www1.nysd.uscourts.gov)
Courts around the world are now begining to ask exactly what, if anything, sites like eBay should be required to do to discourage the sale of counterfeit goods.  The main options being considered are either to require eBay and its peers to freeze sales upon receiving a complaint from some legitimate...

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