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Archive for the ‘Digest Note’ Category

“Smoking Gun” Needed: Even after Clapper Provided a Path to Challenge the Law, the FISA Amendments Act May Still Be Bulletproof

Written by: Christopher A. Crawford

Edited by: Loly Sosa

The ACLU’s challenge to the NSA’s surveillance of American citizens failed because plaintiffs, who were American citizens, had no standing; in other words, they could not prove that they had been injured by the law. Plaintiffs will need a “smoking gun” that their privacy had been violated before they could gain standing.

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Posted On Jun - 14 - 2014 Add Comments READ FULL POST

Written Description Problems of the Monoclonal Antibody Patents after Centocor v. Abbott 

Written By: Hyeongsu Park - Edited By: Kendra Albert

The market for therapeutic antibodies is projected to reach hundreds of billion dollars within the next several years. In Centocor v. Abbott, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that a patentee cannot claim an antibody unless the specification describes it, even if he/she fully characterizes the antigen, and the court vacated a $1.67 billion jury verdict, the largest patent infringement award in U.S. history.

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Posted On Mar - 13 - 2014 Comments Off READ FULL POST

The TTAB’s Dangerous Dismissal of ‘Doubt’

Written By: Charles Colman, Acting Assistant Professor at NYU School of Law

Edited By: Elise Young

On September 30, 2013, the Trademark Trial and Appeal Board[1] issued a troubling decision in In re Bottega Veneta Int’l S.a.r.l. Viewed in a broader context, the decision reflects the Board’s growing reluctance to apply the doctrine of “aesthetic functionality” in ex parte prosecution proceedings to bar the issuance of potentially anticompetitive trade-dress registrations.

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Posted On Nov - 12 - 2013 Comments Off READ FULL POST

Towards Trans-Atlantic Interoperability: Scientific Research and Privacy Under the EU Data Protection Regulation

Written by: Natalie Kim
Edited by: Alex Shank

The EU is currently drafting a General Data Protection Regulation, thought to be among the toughest data protection laws in existence. This comment address the growing interoperability problem between U.S. and EU data protection law and ways of mitigating it, like reducing third-party liability loopholes, strengthened de-identification techniques and enhanced data tracking measures.

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Posted On Aug - 11 - 2013 Comments Off READ FULL POST

Innovator’s Patent Agreement: Defensive Patenting Strategies in the Software Industry

Written by: Suzanne Van Arsdale
Edited by: Michelle Sohn

On May 21, 2013, Twitter launched version 1.0 of the Innovator’s Patent Agreement (“IPA”), which formalizes a company’s commitment to non-offensive patenting and leaves some control in the hands of inventors. This Comment addresses the incentives for and legal implications of adopting the IPA, software industry concerns and current practices, and other defensive patenting mechanisms.

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Posted On Aug - 11 - 2013 Comments Off READ FULL POST
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