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Recently in Intellectual Property Category

Nintendo Sued for Allegedly Stealing Gamevice Invention

The video game business is no game; it is all business.

That's the bottom line when it comes to Nintendo's Switch, a controller-console that slides onto a tablet computer to allow portable gaming. The company has sold almost 5 million units since March, boosting revenue to $1.41 billion during the first quarter this year.

The problem is, another company says Nintendo stole its invention. Patent game on.

Podcasting Patent Is Dead, but Not the Troll

All good things must come to an end and even some bad things, too.

At least that's the story of Personal Audio and its litigation against podcasters. The failed startup lived on suing companies based on its patent for "disseminating media content representing episodes in a serialized sequence."

The lawsuit business worked for a while, including victories against Apple and other companies, but an appeals court put an end to the patent-trolling against podcasters.

Massachusetts Targets Patent Trolls

Our story begins with Carbonite, best known as the icy preservative of Han Solo in "The Empire Strikes Back."

Only in this story, Carbonite is the name of a data backup company. It's not quite a Star Wars story, but there are trolls -- patent trolls.

According to reports, Carbonite has spent millions fighting false patent infringement claims and become a hero in the industry for not giving up. Now Sen. Eric P. Lesser is joining an alliance for legislation to stop such attacks in "the other Silicon Valley" -- Massachusetts.

One company is thanking their lucky digital stars after the recent ruling from SEC clearly stated that the oversight organization would not be pursuing an enforcement action against it, despite the company running afoul of securities regulations.

The DAO, known for its unique crypto currency, Etherium, took the idea of anonymous payments one step further by extending it to anonymous smart contracts. The company's name stands for Decentralized Autonomous Organization, and the idea behind it involves the holders of the DAO's currency, or tokens, profiting based on projects performed by individuals. However, unlike other virtual token systems that have emerged over the past few years, the SEC found the DAO to be bit different.

Last month, Canada's Supreme Court upheld a lower court's order that Google alter their search results worldwide as a result of a lawsuit alleging that one Canadian company had infringed upon the intellectual property rights of another Canadian company. However, while Google plans to respect the Canadian court's authority, in Canada at least, it's going to check with a U.S. court before making the global change.

This case presents a few novel, yet significant, issues. Most notably is that the order is the first ever global de-indexing order issued by a court. This raises the issue of whether any court actually has sufficient authority to issue an order to be enforced worldwide. The other big issue is whether Google can be forced to take action outside of Canada based on the fact that no violation of law other than Canadian law has been established. And this doesn't even scratch the surface of the potential First Amendment, government censorship, and net neutrality issues.

Supreme Court Bumps 'Dancing Baby' Fair Use Case

If you love dancing babies and the First Amendment, watch this video.

The happy toddler is rocking out to "Let's Go Crazy," by Prince. The video has been viewed nearly 2 million times by people looking for a feel-good moment in a sometimes dreary day.

What could be wrong with that? A copyright violation lawsuit by the music company?! Are you baby-caca kidding me?!

Stupid Patent of the Month Sanctioned, Must Pay Attorneys' Fees

When does a stupid patent become a really stupid patent?

When a court orders the stupid patent-holder to pay an alleged infringer's attorneys' fees, that's when. And so it is with the "Internet drink mixer," also called a "Stupid Patent of the Month" by the Electronic Frontier Foundation.

A federal appeals court said Rothschild Connected Devices Innovations must pay $43,000 for attorneys' fees as sanctions because the company willfully ignored pre-existing descriptions of its claimed invention. The decision could mark the beginning of the end of frivolous claims by companies like Rothschild, which had filed 58 cases against makers of almost anything that connects to the Internet.

Staring Down a Barrel, Uber Ordered to Hand Over Acquisition Report

It's not quite a smoking gun; more like a smoking engine in the self-driving car case against Uber.

A federal magistrate has ordered the company to turn over a due diligence report, which the company had when it bought technology that allegedly belonged to Google's self-driving car division. Google's Waymo is suing Uber, and the trial judge seems impatient about the defendant stalling.

"They have a right to get to trial on Oct. 2, and you're doing everything you can to throw roadblocks in the way," Judge William Alsup said.

Bad News for Patent Trolls: Forum Shopping Is Finally Over

After a ruling by the U.S. Supreme Court in TC Heartland v. Kraft, patent trolls will have a harder time proving their cases. That's because now patent claims will have to be made in a defendant's home state -- not in a forum-friendly jurisdiction that trolls have used to litigate claims on patents they purchased just to sue.

"Forum shopping in patent litigation is over," said patent lawyer Shawn G. Hansen. "Half of the patent cases previously filed in East Texas will now have to shift to places like Delaware, California and New York."

Waymo v. Uber Lawsuit Referred to Criminal Investigators by Federal Judge

If this story starts to sound like something you've heard before, don't worry. It gets better, or worse, depending on how you see it.

Google's self-driving car division, Waymo, sued Uber for allegedly stealing trade secrets for its own self-driving cars. Anthony Levandowski, a former Google engineer, downloaded 14,000 files from the company before he started his own and promptly sold the technology to Uber for $680 million.

The case is pending in federal court, where the judge has just dropped a bombshell. He denied Uber's request to move the case into arbitration, and instead referred it to the U.S. Attorney's Office for criminal investigation.