Monthly Archives: October 2013

Vermont Takes A Leap: First State To Pass Law To Combat Patent Trolling

Patent trolls have been in the spotlight of national attention in the past year, as President Obama addressed the problem in his Fireside Hangout and a White House report attempted to quantify the impact of abusive litigation. Officially known as Patent Assertion Entities, or PAEs, these companies purchase patents and bring patent infringement claims as a business model. The Federal Trade Commission (FTC) has recently announced a proposal to obtain more data on approximately 25 PAEs in order to better understand their impact on innovation and the economy. Meanwhile, Vermont has become the first state to take matters into its own hands with a state law to combat patent trolls. While it is not clear whether Vermont has the legal authority to regulate patent activities, its innovative “threats action” approach may prove to be successful enough to be adopted more widely.

Background: National Efforts To Prevent Patent Trolling        

On September 16, 2011, President Obama signed into law the Leahy-Smith America Invents Act (AIA), a major amendment to the 1952 Patent Act that has governed patent law for nearly sixty years.  While the primary purpose of the AIA was to encourage innovation by modernizing the patent application and review process, several provisions in the Act were aimed at patent trolls. Following the AIA, additional measures to combat patent trolling have been introduced in Congress. Three of the most high profile proposals are: (1) the Saving High-tech Innovators from Egregious Legal Disputes (SHILED) Act “forces patent trolls to financial responsibility for frivolous lawsuits”; (2) the Patent Quality Improvement Act expands the AIA by allowing more businesses to be covered under the transitional program for business method patents; and (3) the End Anonymous Patent Act, which requires the owner of patents to register with the UPSTO. While these proposals are being debated in Congress, Vermont has become the first state in the nation to pass its own law to combat patent trolls.

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Internet Governance in the Age of Surveillance

If the Internet international archives will register 2013 as the year of Edward Snowden and the disclosure of National Security Agency (NSA) surveillance programs by the media, 2012 was all about the mobilization against a United Nations (U.N.) attempt to take over the Internet. This post recaps the legal and policy debate around the negotiation of the International Telecommunications Regulations (ITRs) by the World Conference on International Telecommunications 2012 (WCIT-12) and offers some prediction on the Internet Governance (IG) agenda of 2014.

International Telecommunication Union

Based in Geneva, Switzerland, the International Telecommunications Union (ITU) dates back to the first agreements on international telegraph interconnections in the mid-nineteenth century, making it the oldest body of the U.N. system. Its main functions today include allocation of global radio spectrum and satellite orbits, development of technical standards for networks and technologies interconnection, and improvement of access to telecommunications worldwide. These activities are primarily led by its broad membership, which encompasses 193 Member States and over 700 private-sector companies and academic institutions that engage in consensus-based negotiations at the technical Study Groups of its Radiocommunication, Standardization and Development Sectors.

The ITU legal framework encompasses four international treaty-level instruments: Constitution, Convention, Radio Regulations, and International Telecommunication Regulations. The Plenipotentiary Conference, the Council, the General Secretariat and other four world conferences are the top political bodies that ultimately supervise ITU’s organic structure. Each one of them holds specific mandates in determining ITU’s general policies, evaluating its global activities and eventually amending the treaties.

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