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.


Icon-newsBy Patrick Gutierrez

6th Circuit holds TheDirty.com immune to suit for defamatory comments made on its website

Earlier this week the Sixth Circuit held that a gossip site, www.TheDirty.com, was not responsible for a defamatory post made by a third party on its website, reversing the lower court’s decision. Jones v. Dirty World Entm’t Recordings, LLP, No. 13-5946 (6th Cir. June 16, 2014). Although an editorial note made by the defendant was appended to the posting on the website, the appeals court ruled that the defendant’s actions were immune to suit under the Communications Decency Act (“CDA”), 47 U.S. Code § 230, which provides that no “provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” The Sixth Circuit reasoned that plaintiff’s claims were barred by the CDA since the website “did not author” or “materially contribute to the illegality” of the third party postings. Jones at 22. Evan Brown provides commentary. (more…)

Posted On Jun - 23 - 2014 Comments Off READ FULL POST

Written by: Christopher A. Crawford 

Edited by: Loly Sosa


Since 9/11, Congress has expanded the Foreign Intelligence Surveillance Act of 1978 (“FISA”) several times in order to meet the needs of agencies tasked with defending the U.S. against terrorist attacks. Notable expansions include the PATRIOT Act of 2001, but much of the recent controversy surrounds the FISA Amendments Act of 2008 (“FAA”). In 2008, Congress passed the FAA to expand the legal foundation for more systematic surveillance, “establish[ing] a new and independent source of intelligence collection authority, beyond that granted in traditional FISA.” Title VII, § 702 of the FAA is cited by the government as permitting so-called “warrantless wiretaps” on foreign citizens for intelligence-gathering purposes. According to the American Civil Liberties Union (“ACLU”), however, this law allows the National Security Agency (“NSA”) “access to [American citizens’] international communications without warrants, without any suspicion of wrongdoing, and without ever identifying the targets of its surveillance to a court.”

However, the ACLU’s challenge to the FAA last year in Clapper v. Amnesty International 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 had alleged that the FAA’s § 702 surveillance powers were too broad and too vulnerable to abuse against people like themselves who might communicate with a targeted foreign citizen. Justice Alito, writing for the majority, found that the plaintiffs were being overly paranoid and that there was no evidence of the law’s misuse—in other words, plaintiffs needed a “smoking gun” that their privacy had been violated before they could gain standing. (more…)

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

By Andrew Spore – Edited by Travis West

Case C-435/12, ACI Adam BV v. Stichting de Thuiskopie (E.C.J. Apr. 10, 2014)
Slip Opinion

In response to an order issued by the European Court of Justice (“ECJ”) on April 10, 2014, the Netherlands has banned the unauthorized downloading of copyrighted material, effective immediately. According to Techdirt, the Dutch government previously had allowed such downloading for personal use because it believed that such a policy was consistent with European Union copyright law. The ECJ held that the Dutch legislation, “which makes no distinction between private copies made from lawful sources and those made from counterfeited or pirated sources cannot be tolerated.” ACI, slip op. at ¶ 37. (more…)

Posted On Apr - 20 - 2014 1 Comment READ FULL POST

By Olga Slobodyanyuk

Icon-newsAmici urge the Ninth Circuit to reconsider its ruling in the “Innocence of Muslims” case

Numerous news organizations, academics and Internet companies have filed briefs in support of Google’s petition for a rehearing of Garcia v. Google, No. 12-57302 (9th Cir. Feb. 26, 2014), reports Reuters. The Ninth Circuit ruled that Garcia, an actress tricked into appearing for five seconds in an inflammatory anti-Muslim film, was entitled to a preliminary injunction, and it ordered Youtube to take down all copies of “Innocence of Muslims” with Garcia’s performance. Garcia, slip op, at 2. One group of amici support Google’s petition for a rehearing based on the ruling’s unworkability with established business practices and copyright doctrine. This group includes the International Documentary Association; Netflix; technology companies such as Facebook, eBay and Yahoo!; and IP professors, reports Techdirt. According to Reuters, another group of amici focus on Garcia’s exploitation of a copyright “loophole” in the liability shield for online intermediaries. The EFF’s brief, joined by the ACLU, the American Library Association and others, urges for a rehearing “in order to protect free speech in the debate over the film and also to safeguard the future of free expression online.” News organizations such as the Washington Post and NPR raise similar First Amendment concerns in their brief, reports Eric Goldman from The Technology and Marketing Law Blog. He also notes the absence of big entertainment companies from Google’s list of amici and the lack of discussion among the briefs of the fixation issue, “the most obvious legal defect in the panel’s majority opinion.” JOLT Digest and The Washington Post have analyzed the original opinion.

Record companies sue Pandora for royalties on songs made before 1972

In a complaint filed in the New York State Supreme Court last week, major record companies, including Sony, Universal and ABKCO, have alleged that Pandora violated state common law copyright by playing old songs without permission, reports The New York Times. Songs made before 1972 are covered by “a patchwork of state laws,” not by federal copyright law. The lawsuit is similar to the suit filed last year against Sirius XM, another listening service. Songs made after 1972 are covered by federal copyright law – together with Sirius XM, Pandora paid around $656 million in royalties for these songs last year. According to Ars Technica, payment for pre-1972 recordings would earn record companies about $60 million more per year. Pandora acknowledged the possibility of this lawsuit in its annual report to the Securities and Exchange Commission, noting that the company would be significantly liable if it was found to be infringing. However, Pandora told The New York Times that it “was confident in its legal position and looked forward to a quick resolution of the matter.” State copyright laws typically cover misappropriation and unfair competition. These common-law concepts would not traditionally cover Pandora’s performance of the songs, analyzes Techdirt.

Alleged Heartbleed hacker arrested

Stephen Arthuro Solis-Reyes, a 19 year-old Canadian student, was arrested on April 16 for allegedly stealing 900 social security numbers from the Canada Revenue Agency (“CRA”) using the Heartbleed vulnerability, reports The Washington Post. Solis-Reyes is charged with  one count of “Unauthorized Use of Computer” and one count of “Mischief in Relation to Data” per the Canadian criminal code and is scheduled to appear in court in July, according to the Royal Canadian Mounted Police press release. The CRA discovered the cyber theft of social security numbers on April 11 and has delayed the tax collection deadline from April 30 to May 5 in response, reports the DailyTech. Heartbleed is an OpenSSL flaw which “allows a connected Web client or application that sends messages to keep a connection active during a transfer of data,” explains Ars Technica. According to Top Tech News, the bug has been present for over two years in over 500,000 websites. The attack on the CRA is the first to be recorded since Heartbleed’s discovery, but it was soon followed by an attack at Mumsnet, a British website with around 1.5 million users. Although most websites have upgraded to a secure version of OpenSSL, 50 million Android users may still be vulnerable to a Heartbleed attack.

Posted On Apr - 20 - 2014 Comments Off READ FULL POST

By Geng Chen – Edited by Ashish Bakshi

Photo By: Robert Scoble - CC BY 2.0

Photo By: Robert ScobleCC BY 2.0

Microsoft Corp. v. DataTern, Inc., No. 13-1184 (Fed. Cir. Apr. 4, 2014)
Slip Opinion

The United States Court of Appeals for the Federal Circuit affirmed in part and reversed in part the United States District Court for the Southern District of New York’s rulings in a consolidated declaratory judgment action brought by Microsoft and SAP. Slip op. at 3. The two companies sought a judgment of noninfringement and invalidity for two of DataTern’s patents (the ‘402 and ‘502 patents). See id. at 4. DataTern challenged the district court’s finding that it possessed subject matter jurisdiction over the action because there existed a “substantial controversy . . . of sufficient immediacy and reality to warrant the issuance of a declaratory judgment.” Id. at 5 (quoting MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118, 127 (2007)). The Federal Circuit affirmed with respect to most of Microsoft’s and SAP’s claims, as DataTern’s previous infringement suits against those companies’ customers impliedly asserted contributory and induced infringement claims against the companies themselves. See id. at 9–10.

PatentlyO features a thorough analysis of the decision. Mondaq provides additional analysis. (more…)

Posted On Apr - 19 - 2014 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 ...