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.Read More...
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.Read More...
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 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.Read More...