Tech sector stakeholders supported Google in amicus briefs submitted or set to be submitted later in Oracle’s appeal to the Federal Circuit Court of Appeals of the Oracle v. Google. Oracle is appealing a San Francisco federal jury’s 2016 verdict that Google’s fair use defense for coding and names in Oracle's Java application programming interface (API) technology in its Android mobile operating system qualifies as a transformative fair use (see 1605260067). MPAA and RIAA in February backed Oracle (see 1702220031).
Jimm Phillips
Jimm Phillips, Associate Editor, covers telecommunications policymaking in Congress for Communications Daily. He joined Warren Communications News in 2012 after stints at the Washington Post and the American Independent News Network. Phillips is a Maryland native who graduated from American University. You can follow him on Twitter: @JLPhillipsDC
Music licensing stakeholders signed on at the 2nd Circuit Court of Appeals in support of DOJ's appeal of Broadcast Music Inc.'s challenge against a portion of the department's concluding statement on its review of the BMI and American Society of Composers, Authors and Publishers consent decrees (see 1705190051). DOJ said earlier this month it will continue to pursue an appeal of a September U.S. District Court ruling in New York. Louis Stanton ruled the Antitrust Division erred in continuing to believe existing decrees mandate 100 percent licensing (see 1611140065 and 1609190062). Stanton is the rate court judge for the BMI consent decree.
White House Intellectual Property Enforcement Coordinator nominee Vishal Amin faced a largely friendly audience Wednesday at his Senate Judiciary Committee confirmation hearing, with members focusing questions on how Amin would deal with IP issues with China and how he views the balance between combating patent litigation abuse and protecting inventors. Legislators instead scrutinized nominees to DOJ and Department of Homeland Security posts. Amin emphasized his commitment to working on a focused approach to coordinating U.S. IP enforcement strategy and the need to ensure the U.S. IP system remains competitive. President Donald Trump’s nomination of Amin, previously House Judiciary Committee senior GOP majority counsel, drew praise (see 1704100067).
The Supreme Court's Monday decision in TC Heartland v. Kraft Foods Group Brands narrows the scope for patent lawsuit venue legislation rather than negating the need, lawmakers and lobbyists said in interviews. Heartland limited eligible court venues for patent infringement lawsuits, overruling Federal Circuit Court of Appeals precedent (see 1705220045).
The Supreme Court ruled unanimously Monday in TC Heartland v. Kraft Foods Group Brands in favor of placing limits on eligible court venues for patent infringement lawsuits. Heartland Food Products Group asked the top court to review 28 U.S. Code Section 1400(b), which requires a plaintiff to bring a patent infringement suit only in a U.S. District court where the defendant resides or has an “established place of business.” The tech sector took a substantial interest because of the case's potential to restrict movement of patent cases to Texas' Marshall and Tyler-based district court and others perceived as friendly to plaintiffs (see 1701170066 and 1703270053). The Supreme Court said patent lawsuits can be brought only in the district court in which the defendant is incorporated. The 8-0 ruling, written by Justice Clarence Thomas, reverses the U.S. Court of Appeals for the Federal Circuit’s 1990 precedent in VE Holding Corp v. Johnson Gas Appliance that a patent infringement suit could be brought in any jurisdiction where a party conducted business. “While we are disappointed in the Supreme Court's ruling on this procedural matter, we respect the Court's opinion and do not believe it has any impact on the ultimate outcome of our case,” Kraft said in a statement. Heartland didn’t immediately comment. House Judiciary Committee Chairman Bob Goodlatte, R-Va., hailed the ruling as a decision “to restore reasonable limits on where patent lawsuits can be brought.” He said in February he would re-evaluate what language to include in future patent law revamp legislation based on the Supreme Court’s then-forthcoming Heartland decision (see 1702010069). Goodlatte said now he will continue exploring “other aspects of abusive patent litigation and how we keep our patent laws up to date to ensure a well-functioning patent system.” Congress still “needs to step in with comprehensive patent reform,” Computer & Communications Industry Association President Ed Black said. “While today’s ruling removes one tool used to manipulate the system, there are still others enabling the abuse of the patent system. It’s an area ripe for bipartisan cooperation as Congress looks for low cost and no cost ways to grow jobs and the economy.”
ICANN stakeholders told the organization’s Competition, Consumer Trust and Consumer Choice Review Team they agree with CCT-RT’s initial finding (see 1704120066) that it needs to collect additional data on the new generic top-level domains program before it can decide whether the program’s procedures are effective. CCT-RT said in its draft report that, although the new gTLD program is “quite new and the data are incomplete, on balance, the expansion of the [domain name system] DNS marketplace has demonstrated increased competition and consumer choice and has been somewhat successful in mitigating its impact on consumer trust and rights (particularly trademark) protection.”
DOJ’s decision Thursday to continue pursuing its appeal of the Broadcast Music Inc. legal challenge against a portion of the department's concluding statement on its review of the BMI and American Society of Composers, Authors and Publishers consent decrees doesn't forestall a course reversal later, music industry lawyers and lobbyists told us. DOJ said in an opening brief to the 2nd Circuit Court of Appeals that it planned to continue to pursue the appeal of a September U.S. District Court ruling in New York, in which Judge Louis Stanton ruled the Antitrust Division erred in its concluding statement that the department continues to believe existing decrees mandate 100 percent licensing (see 1611140065 and 1609190062). Stanton is the rate court judge for the BMI consent decree. Stakeholders indicated before DOJ’s filing that it was possible the department could decide to move forward with the case (see 1705120040).
The register of copyrights' role advising Congress on copyright policy matters remains “intact,” Librarian of Congress Carla Hayden told the House Appropriations Legislative Branch Subcommittee Thursday. The hearing was on the Library of Congress' FY 2018 budget request of $738 million, an increase of almost 8 percent above its FY 2017 budget. Hayden largely avoided wading into CO matters but emphasized LOC prioritization of modernizing the office's IT systems as part of an overall tech revamp.
Cybersecurity stakeholders kicked off two days of workshops on the National Institute of Standards and Technology's proposed v1.1 update to the cybersecurity framework, acknowledging cyber incidents and a cybersecurity executive order from President Donald Trump loomed. NIST's update, announced in January, included metrics language aimed at starting a conversation on how to effectively measure use of the framework (see 1701100084). Stakeholders urged the agency last month to be cautious about its final language on benchmarks and emphasized the need for the private sector to continue to be the primary driver of updates (see 1704110045).
Music licensing stakeholder expectations for DOJ’s opening brief in its appeal to the 2nd Circuit Court of Appeals of the Broadcast Music Inc. legal challenge against a portion of the department's review of the BMI and American Society of Composers, Authors and Publishers consent decrees is fluid, said executives, lawyers and lobbyists in interviews. DOJ has until Thursday to file an opening brief on its appeal, which stems from a September U.S. District Court ruling in New York against a portion of Justice’s concluding statement in its review of the performing rights organizations’ consent decrees (see 1611140065). Judge Louis Stanton ruled the Antitrust Division erred in its concluding statement that the department continues to believe existing decrees mandate 100 percent licensing (see 1609190062).