Written by Julia Mas-Guindal Edited by Heather Whitney Editorial Policy I. Introduction The doctrine of moral rights in copyright law has been a source of strain in domestic and comparative legal scholarship for decades. This strain is greater in the U.S. than in countries employing a continental legal system, where moral rights are widely recognized. This is because U.S. law and European law are built on different foundations: while for the U.S. Copyright Act the encouragement of economic investments is ... Read More...
Archive for December, 2011
The Digest will be taking a short break from our regular coverage over the coming weeks as our Staff Writers go on holiday. While we take our hiatus from regular coverage, we have the pleasure of re-introducing our Comments feature. Comments are longer opinion pieces on especially significant issues. These pieces are written entirely by members of our staff, on topics they believe warrant closer examination and study. From now until late January, we will publish one Comment every one ... Read More...
New Information about Carrier IQ Software Sparks Concerns that Wireless Carriers Have Violated Federal Anti-Wiretapping Laws By Abby Lauer – Edited by Michael Hoven Last month, a security researcher from Connecticut published information about a software program installed on some mobile smartphones that may be surreptitiously collecting data about how the phones are used. The software, called Carrier IQ and manufactured by a company of the same name, has been described as hard to detect, hard to remove, and programmed ... Read More...
Supreme Court Hears Arguments on Patent-Eligibility of Medical Protocol Based on Correlations Between Blood Tests and Patient Health By Laura Fishwick – Edited by Michael Hoven Mayo Collaborative Servs. v. Prometheus Labs., Inc., No. 10-1150 (U.S. Dec. 7, 2011) Transcript of Oral Arguments Mayo v. Prometheus returned to the Supreme Court after the Court of Appeals for the Federal Circuit again held that Prometheus’s method patents covered a particular application of a natural phenomenon, not the natural phenomenon itself, and ... Read More...
By Jennifer Wong Government urges SCOTUS to rule in favor of generic drug maker The Supreme Court heard oral arguments to determine whether generic drug manufacturer Caraco Pharmaceutical could sue Novo Nordisk to narrow its description for the patent on Prandin, a diabetes drug, in FDA filings. As Reuters reports, Caraco alleges that the description for the patent on Prandin is too broad and prevents any similar generic drug from entering the market. The government filed a brief opposing the ... Read More...
