A student-run resource for reliable reports on the latest law and technology news

Patenting Bioprinting

By Jasper L. Tran – Edited by Henry Thomas

Bioprinting, the3D-printing living tissues, is real and may be widely available in the near future. This emerging technology has generated controversies about its regulation; the Gartner analyst group speculates a global debate in 2016 about whether to regulate bioprinting or ban it altogether. Another equally important issue which this paper will explore is whether bioprinting is patentable.



More than a White Rabbit: Alice Requires Substantial Difference Prior to Embarking on Patent Eligibility

By Allison E. Butler – Edited by Travis West

On June 19, 2014, the U.S. Supreme Court handed down its first software patent case in thirty-three years. The impact of Alice Corp. Pty. Ltd. v. CLS Bank is broad but it appears to be a decision that was long overdue to address the many issues facing patentability of subject matter eligibility in various arenas where such issues are dominant.



Legal and Policy Aspects of the Intersection Between Cloud Computing and the U.S. Healthcare Industry

By Ariella Michal Medows – Edited by Kenneth Winterbottom

The U.S. healthcare industry is undergoing a technological revolution, inspiring complicated questions regarding patient privacy and the security of stored personal health information. How can our society capitalize on the benefits of digitization while also adequately addressing these concerns?



Net Neutrality Developments in the European Union

By Angela Daly – Edited by Katherine Zimmerman

This contribution will consider current moves in the European Union to legislate net neutrality regulation at the regional level. The existing regulatory landscape governing Internet Service Providers in the EU will be outlined, along with net neutrality initiatives at the national level in countries such as Slovenia and the Netherlands. The new proposals to introduce enforceable net neutrality rules throughout the EU will be detailed, with comparison made to the recent FCC proposals in the US, and the extent to which these proposals can be considered adequate to advance the interests of Internet users.



Newegg Wins Patent Troll Case After Court Delays

By Kasey Wang – Edited by Yunnan Jiang and Travis West

The District Court for the Eastern District of Texas recently issued a final judgement for online retailer Newegg, twenty months after trial, vacating a $2.3 million jury award for TQP. TQP, a patent assertion entity commonly known as a “patent troll,” collected $45 million in settlements for the patent in question before Newegg’s trial.


Federal Circuit Resolves Split Regarding Product-by-Process Claims

By Sharona Hakimi – Edited by Stephanie Weiner
Abbott Laboratories v. Sandoz, Inc., May 18, 2009, No. 07-1400, -1406
Opinion (hosted by Patently-O)

On May 18th the Court of Appeals for the Federal Circuit, sitting en banc, reconciled a long-standing conflict between two lines of cases determining the scope of product-by-process claims. The Federal Circuit affirmed the Atlantic Thermoplastics Co. v. Faytex Corp. rule that infringement of a product-by-process claim requires actually using those claimed process steps to make the product, and overruled the more inclusive Scripps Clinic & Research Foundation v. Genentech, Inc. rule, which defined product-by-process claims as limited solely by the end product.

Peter Zura of the 271 Patent Blog summarizes the opinion and provides excerpts that outline past relevant Supreme Court decisions. Kevin E. Noonan of Patent Docs provides an overview of the case and particularly emphasizes Judge Newman’s dissenting opinion. The Patent Prospector provides an in-depth summary and long excerpts from the decision. (more…)

Posted On May - 30 - 2009 Comments Off READ FULL POST

Harvard Journal of Law and Technology, vol. 22.2

The Digest Staff is thrilled to announce that the newest volume of the Harvard Journal of Law and Technology, volume 22.2 is now available online, featuring:

Exclusion and Exclusive Use in Patent Law
Adam Mossoff

The conventional wisdom is that the definition of patents as property has been long settled: unlike land and chattels, which secure the traditional “bundle” of rights, patents secure only a negative right to exclude. Professor Mossoff, after exploring early case law and the historical development of patent law, finds that for much of its history a patent was defined by Congress and courts in the same conceptual terms as property in land and chattels. The Article concludes by showing how this conceptual break is affecting the current debates over patent doctrine.

Brand Spillovers
Eric Goldman
Professor Goldman’s article focuses on comparing the economic effects and legal treatment of “brand spillovers” in the online world and the physical world. Brand spillovers occur when consumer interest in a trademark increases the profits of third parties who do not own the trademark. Although online brand spillovers have been the source of heated debate and numerous lawsuits, similar brand spillovers in the physical world (for example, the placing of generic products next to branded products in grocery store aisles) have been permitted by trademark law. Professor Goldman argues that online brand spillovers, like their offline counterparts, should be permitted because such spillovers help to reduce consumer search costs.

Patent Law Uniformity?
Lee Petherbridge

Professor Petherbridge provides an empirical response to a recent article in the Northwestern University Law Review by Professors Nard and Duffy that argued in favor of dismantling the Federal Circuit because its creation has resulted in a lack of diversity in patent jurisprudence, which in turn has seriously suppressed the development of the law. Professor Petherbridge shows that across a number of variables the evidence does not support the Nard and Duffy conclusion that there is a lack of diversity in Federal Circuit patent jurisprudence.

Regulating Search
Viva R. Moffat

As search engines become increasingly powerful gatekeepers of the Internet, academics have begun to debate whether regulation directed at search engines is necessary. Professor Moffat evaluates the initial scholarship and finds that the current debate over search-engine regulation is bipolar, with commentators either advocating a market-based approach or full agency regulation. Professor Moffat proposes a compromise focused on encouraging the federal judiciary to develop a common law to handle those disputes that are unique to search engines.

Data Mining and Antitrust
Douglas M. Kochelek

This Note explores how antitrust law should deal with the rise of data mining, focusing specifically on the potential for price discrimination by online entities.

Protecting Privacy Through a Responsible Decryption Policy
Andrew J. Ungberg

This Note argues that absolute Fifth Amendment protections for computer passwords and encryption keys will ultimately do more harm than good to the cause of privacy by encouraging the government to adopt increasingly more invasive surveillance techniques in order to enforce the law.

Posted On May - 29 - 2009 Comments Off READ FULL POST

Ninth Circuit Court of Appeals Considers Internet Service Provider’s Liability for Fake Profiles

By Ezra Pinsky – Edited by Dmitriy Tishyevich
Barnes v. Yahoo!, Inc., May 7, 2009, No. 05-36189.
Slip Opinion

On May 7th, the Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a district court’s 12(b)(6) dismissal of a complaint which had sought to impose negligence liability on Yahoo for hosting a fraudulent personals profile created by the plaintiff’s ex-boyfriend, despite plaintiff’s requests that it be removed and Yahoo’s assurances that it would be.  The district court dismissed the claim, holding that Section 230(c)(1) of the Communications Decency Act immunized Yahoo from liability.  Writing for the Court of Appeals, Judge O’Scannlain affirmed in part, upholding the district court’s finding that Section 230(c)(1) protects Yahoo from negligence liability for third-party tortious material hosted on its website.  However, the court reversed in part and remanded, holding that Section 230(c)(1) does not protect Yahoo from a promissory estoppel claim if they promised to remove such content but failed to follow through.

Marc Randazza of the Citizen Media Law Project and Daniel Solove of Concurring Opinions provide overviews of the decision.  Eric Goldman of the Technology and Marketing Law Blog criticizes the opinion for being “filled with gratuitous and dangerous dicta, sloppy reasoning and sloppy language.” (more…)

Posted On May - 23 - 2009 Comments Off READ FULL POST

Content by Vera Ranieri

Google Sued for Use of Trademarked Terms in Adwords Program

class action was filed against Google on May 11, 2009 in federal court in Texas challenging its use of trademarked terms in its adwords program. The New York Times covered the case and surrounding issues. Ars Technica analyzes Google’s new AdWords policy.

ACLU Challenges Constitutionality of Gene Patents

The ACLU filed suit in the Southern District of New York challenging the patenting of genes and genetic tests as unconstitutional. The New York Times reported on the suit and the ACLU’s plaintiff. Patently-O provides further analysis and links to the ACLU blog and the complaint.

Posted On May - 23 - 2009 Comments Off READ FULL POST

Dear Digest Readers,

The Digest will be taking a short break in the coming weeks as our Staff Writers prepare for final exams. We will be back shortly in mid-May with the same quality and coverage you’ve come to expect.

In the meantime, you can now follow JOLT Digest on twitter! We will tweet each time we put up a new post and link to content that may be of interest to our readers. We invite you to follow us at @JOLTdigest!

We look forward to a great summer of law & technology news! Stay tuned!

- The Digest Staff

Posted On May - 2 - 2009 Comments Off READ FULL POST
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Patenting Bioprintin

By Jasper L. Tran – Edited by Henry Thomas “Patenting tends to ...


More than a White Ra

By Allison E. Butler – Edited by Travis West I. Introduction On ...

Prescription Medication Spilling From an Open Medicine Bottle

Legal and Policy Asp

By Ariella Michal Medows – Edited by Kenneth Winterbottom The United ...

Photo By: Razor512 - CC BY 2.0

Net Neutrality Devel

By Angela Daly – Edited by Katherine Zimmerman 1.      Introduction This contribution will ...


Newegg Wins Patent T

By Kasey Wang – Edited by Yunnan Jiang and Travis ...