RealNetworks, a maker of media software, has said it will file an appeal and ask that a district court decision to ban sales of its DVD-copying software, RealDVD, be overturned.
In August, a federal district judge issued a preliminary injunction to halt sales of the $30 software, which enables users to create digital copies of DVDs and then store them on a hard drive. Real said in court documents that sometime before November 9, the Seattle-based company will file an appeal with the U.S. Court of Appeals for the Ninth Circuit.
A federal appeals court in Denver on Friday ordered a reduced prison term for Joseph Nacchio, the former Qwest Communications chief who had been sentenced to six years for insider trading.
The U.S. 10th Circuit Court of Appeals ruled that the trial court had overstated Nacchio's stock market gains and he was therefore entitled to resentencing, according to court documents.
"On remand, the district court should focus on arriving at a figure that more closely approximates Mr. Nacchio's gain resulting from the offense of insider trading," the ruling read (PDF).
Nacchio, who served as the phone company's CEO from 1997 until 2002, … Read more
Now that the U.S. Court of Appeals has ruled that abstract processes, or business methods, cannot be patented, it's important to look at how this could affect the tech industry.
The case in question was rejected because the patent at issue was a process not tied to a "machine," which is one standard for patentability.
Overall, it seems like a ruling that should favor companies that make hardware and software because while it narrows the types of patents that can be filed, in return should protect them from the frivolous patent suits that have flooded the … Read more
TorrentSpy may be gone but its attorneys continue to allege in court that the motion picture industry engaged in a spying campaign against the company as well as others, including the Pirate Bay.
TorrentSpy, a BitTorrent search engine that was driven out of business last March as a result of fighting a copyright suit filed by the Motion Picture Association of America (MPAA), is seeking another chance to argue that the MPAA wronged the company when it purchased information obtained from a hacker who had pilfered company e-mail.
The high reversal rate for claim construction is especially problematic because most claim construction decisions cannot be immediately appealed. Interpreting the claims is only the first step in the infringement analysis. After they're interpreted, that construction has to be applied to the accused product or process. Most often that's something the jury is supposed to decide, which means you may have to go through a long and costly trial before a judgment is entered. That judgment--either that the patent claims are infringed or they are not--is what the U.S. Court of Appeals for the Federal Circuit (the "Federal Circuit") ultimately reviews.
However, if the claim construction was wrong in the first place, the jury's verdict on infringement is usually wrong, too. That means a second trial will likely be necessary, which results in more work for the courts, more time lost in litigation, and more money spent on lawyers. The rub, argue critics, is that much of this additional expense and inefficiency could be avoided if claim construction opinions could be appealed prior to a final judgment on infringement.
Large digital media companies, small Webcasters and National Public Radio on Wednesday asked a federal appeals court to stall controversial new fees scheduled to kick in next month.
In a filing with the U.S. Court of Appeals for the D.C. Circuit, the Webcasters argued new royalty rates scheduled to take effect July 15 are "radical and arbitary" and requested an emergency stay of the decision by a three-judge copyright panel.
The SaveNetRadio Coalition, whose members include prominent Net radio operators RealNetworks, Yahoo, Pandora and Live365, said it hoped the move will allow Congress more time to … Read more