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Archive for the ‘Digest Note’ Category

The Silk Road and MtGox: Lessons in Law for Bitcoin

Written by: Chris Crawford and Joshua Vittor

Bitcoin has risen in the five years since its launch from an academic exercise to what is today a multi-billion dollar system of transacting wealth. Two recent events in this technology’s short history suggest that the legal system will continue to play a large part in its development: the federal shutdown of online drug bazaar Silk Road and the  collapse of the bitcoin exchange MtGox.

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Posted On Sep - 10 - 2014 Comments Off READ FULL POST

Emulsification: Uber, UberX, and Growing Pains of the Local Sharing Economy

Written by: Michelle Sohn

Edited by: Olga Slobodyanyuk

While politics and fears of disruption certainly play large roles in this regulatory drama, this comment points to a larger legal controversy at work—the increased emulsification of commercial and private uses. Although the focus of this comment is on Uber and D.C., the larger goal is to identify major regulatory tensions with the local sharing economy by examining actual and proposed municipal regulations and laws.

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Posted On Aug - 31 - 2014 1 Comment READ FULL POST

“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 Comments Off 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
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