Jan 28, 2016

Copyright and the Repair of Digital Devices

Copyright and the Repair of Digital Devices Section 1201 of the Digital Millennium Copyright Act (“DMCA”) prohibits breaking technological locks protecting copyrighted content.  Since the passage of the DMCA almost 20 years ago, many of the devices that we now use on a daily basis are controlled by computer software.  Even if you own the device, you probably only have a license to the software that controls it.  If that software comes with digital locks – technical protection measures (“TPMs”) you cannot fix the device yourself, or take it to an independent repair shop, without violating the DMCA. The Electronic… Read more

Jan 13, 2016

Will the Patent Venue Statute be Reinterpreted?

Heartland is an Indiana limited liability company that is not registered to do business in Delaware and does not have any regular or established place of business in Delaware. It was sued for patent infringement in the District of Delaware and its motion to dismiss or transfer the action under 28 U.S.C. §1406 was denied. In the pending Federal Circuit mandamus action it filed,  In re TC Heartland, Heartland has asked the court to reconsider its interpretation of the patent venue statute 28 U.S.C. §1400(b). For a court to adjudicate a case, it has to have jurisdiction, both personal jurisdiction… Read more