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Archive for the ‘3rd Circuit Decisions’ Category

Third Circuit holds that vulgar MySpace profile created off school grounds did not cause “substantial disruption” at the school to justify student’s ten-day suspension By Michael Adelman – Edited by Abby Lauer J.S. v. Blue Mountain School District, No. 08-4138 (3d Cir. June 13, 2011) Slip Opinion The Third Circuit, sitting en banc, reversed and remanded the Middle District of Pennsylvania’s ruling that suspension was an appropriate punishment for a student who created a fake MySpace account that made fun ... Read More...
Posted On Jun - 21 - 2011 Comments Off READ FULL POST
By Sonia McNeil Myriad Genetics Appeals Ruling on Patentability of Isolated Genes Myriad Genetics has appealed the Southern District of New York’s ruling in Association for Molecular Pathology v. USPTO. The district court invalidated seven Myriad Genetics patents relating to the human Breast Cancer Susceptibility Genes 1 and 2 (collectively, “BRCA1/2”), finding that the claimed isolated DNA is not markedly different from native DNA as it exists in nature and therefore constituted unpatentable subject matter under 35 U.S.C. § 101.  ... Read More...
Posted On Oct - 29 - 2010 Comments Off READ FULL POST
By Kassity Liu Third Circuit Dismisses “Sexting” Charges Against Minor On March 18, the WSJ Law Blog reported that the Court of Appeals for the Third Circuit dismissed charges against a teenage girl for distributing sexually explicit images of herself. The court had originally stated that they would address whether the First Amendment protects minors from sending these types of images of themselves through their cells phones, but the court refused to consider this issue in the case. Instead, the ... Read More...
Posted On Mar - 22 - 2010 Comments Off READ FULL POST
Third Circuit Panels Rule Differently on MySpace Parody Cases By Abby Lauer – Edited by Alissa Del Riego Layshock v. Hermitage School District, No. 07-4465 (3d Cir. Feb. 4, 2010) Slip Opinion Snyder v. Blue Mountain School District, No. 08-4138 (3d Cir. Feb. 4, 2010) Slip Opinion Two different Third Circuit panels handed down seemingly contradictory decisions last week after considering whether offensive parody profiles of school principals created by students using MySpace outside of school were protected by the ... Read More...
Posted On Feb - 6 - 2010 1 Comment READ FULL POST
Third Circuit Upholds Online Gambling Ban By Caitlyn Ross – Edited by Amanda Rice Interactive Media Entertainment and Gaming Association Inc. v. Attorney General of the United States, No. 08-1981 (3d Cir. Sept. 1, 2009) Opinion (Hosted by wired.com) On September 1, 2009, the U.S. Court of Appeals for the Third Circuit affirmed the United States District Court for the District of New Jersey decision, which upheld the Unlawful Internet Gambling Enforcement Act of 2006. Wired.com provides an overview of ... Read More...
Posted On Sep - 6 - 2009 Comments Off READ FULL POST
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