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 Trade Commission v. Actavis, Inc.
By Kathleen McGuinness – Edited by Jennifer Wong

Federal Trade Commission v. Actavis, Inc., No. 12-416 (570 U.S. ___ June 17, 2013)
Slip Opinion

Photo By: epSos .deCC BY 2.0

On June 17, the Supreme Court ruled that reverse payment settlements between brand name and generic drug manufacturers were not presumptively unlawful, but were subject to scrutiny under the “rule of reason.” This holding overruled the United States Court of Appeals for the Eleventh Circuit’s dismissal of the case, resolving a circuit split.

JD Supra explains the Court’s holding. HealthAffairs describes the background of the industry and the history of the case. FDA Law Blog predicts its implications on future litigation. (more…)

Posted On Jul - 3 - 2013 Comments Off READ FULL POST

United States v. Turner
By Michelle Goldring – Edited by Samantha Rothberg

United States v. Turner, No. 11-196-cr (2nd Cir. June 21, 2013)
Slip Opinion

In a 2-1 decision, the United States Court of Appeals for the Second Circuit affirmed the District Court for the Eastern District of New York’s conviction of Harold Turner, an internet radio host and blogger. Turner was convicted of “threatening to assault or murder [federal] Judges Frank Easterbrook, William Bauer, and Richard Posner” on the basis of his blog posts and commentary about a decision the three had made in a Seventh Circuit case regarding the Second Amendment. Turner, slip op. at 2­–3.  The Second Circuit upheld the finding that Turner’s conduct constituted “a true threat . . . [that] was unprotected by the First Amendment.” Id. at 16.

The Chicago Tribune and the New York Law Journal provide overviews of the case. The Constitutional Law Prof Blog critiques the decision for giving too little weight to the passive grammatical construction of Turner’s posts, while Jonathan Turley expresses concern that the Second Circuit  “lacks [a] firm idea where to draw a line between opinion and threat.” (more…)

Posted On Jun - 30 - 2013 Comments Off READ FULL POST

By Alex Shank

Icon-newsFederal Circuit Holds that Good-Faith Belief in Invalidity May Disprove Intent to Induce Infringement

Last Tuesday, the Federal Circuit held that evidence of a good-faith belief in the invalidity of a patent may negate the intent to induce infringement of that patent. Commil USA, LLC v. Cisco Sys., Inc., 2012-1042 (Fed. Cir. June 25, 2013), opinion hosted by patentlyo.com. To induce infringement, a party must know that a patent exists and know that its actions will cause a third party to infringe that patent. Commil owns a patent over a method of transmitting mobile device information over wireless networks. Cisco wished to present evidence of its good-faith belief in the invalidity of the Commil patent to show that it lacked knowledge that a third party was infringing the patent. Although previous courts had allowed evidence of a good-faith belief in non-infringement, no court had allowed evidence of a good-faith belief in invalidity to show lack of intent. The trial jury found Cisco liable for induced infringement. On appeal, the Federal Circuit held that evidence of a good-faith belief in invalidity should be allowed to rebut a showing of intent. Bloomberg provides background on the case, as well as comments from Commil’s counsel.

Pandora Contends that Michigan Privacy Law Does Not Apply to Streamed Music

Pandora, an online music provider, requested that that Court of Appeals for the Ninth Circuit uphold an earlier ruling that its sharing of users’ music histories does not violate a Michigan state privacy law. The District Court for the Northern District of California previously granted Pandora’s motion to dismiss, finding that the Michigan law — which prohibits companies that lend or rent music from disclosing their customers’ preferences — did not apply to companies that stream music. Deacon v. Pandora Media, Inc. No. 11-04674 (Dist. Ct. N.D. Cal. Sept. 27, 2012), order hosted by docs.justia.com. Peter Deacon, a plaintiff in the case, alleges on appeal that the district court misconstrued the plain meaning of the Michigan law. In rebuttal, Pandora contends that its users lack sufficient control over the choice of music streamed for Pandora to be classified as a “lender” or “renter” of music. MediaPost provides a history of the case.

Chinese Wind Turbine Company Indicted on Misappropriation of U.S. Company’s Trade Secrets

The United States indicted the Chinese wind-turbine company Sinovel, as well as two of its executives, for criminal misappropriation of the trade secrets of its former U.S. supplier, American Superconductor, Corp. (“American”). Dejan Karabasevic, a former American employee, pled guilty to stealing American’s secret source code for wind-turbine computers and supplying it to Sinovel. Bloomberg discusses the Chinese courts’ inaction on American’s four suits filed against Sinovel in China, as well as the case’s relationship to U.S. concerns about cyber espionage more generally. Forbes details how American identified Karabasevic and the disgruntled former employee’s reasons for misappropriating the code.

Posted On Jun - 29 - 2013 Comments Off READ FULL POST

Leaked NSA Memos Reveal More on Data Collection Procedures
By Katie Mullen – Edited by Michelle Sohn

Photo By: Ryan SommaCC BY 2.0

Last weekend, the Guardian leaked two more National Security Agency (“NSA”) documents regarding the NSA’s recently uncovered surveillance program. The first document details procedures used to target “non-U.S. persons” believed to be located outside the United States. The second document describes minimization procedures the NSA uses in collecting data under Section 702 of the amended Foreign Intelligence Surveillance Act (“FISA”), 50 U.S.C. 1881 (2012).  (more…)

Posted On Jun - 28 - 2013 Comments Off READ FULL POST

Ass’n for Molecular Pathology v. Myriad Genetics
By Alex Shank – Edited by Kathleen McGuinness

Ass’n for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (569 U.S. ___ June 13, 2013)
Slip opinion

Photo By: Stew DeanCC BY 2.0

In a unanimous decision, the Supreme Court held that “a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated.” Ass’n for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398, slip op. at 1 (U.S. June 13, 2013). However, “cDNA is patent eligible because it is not naturally occurring.” Id. The Court thus affirmed in part and reversed in part the Court of Appeals for the Federal Circuit’s prior opinion upholding the patent eligibility of isolated DNA.

Bloomberg provides perspectives from groups with a special interest in the case—including the ACLU, university researchers, diagnostic testing companies, the Biotechnology Industry Organization, and Angelia Jolie—and speculates on the impact of the opinion on personalized medicine. Professor Paul Cole, writing for Patently-O, discusses the mismatch between the Supreme Court’s holding and the international consensus on the patentability of isolated DNA. JDSupra highlights the narrowness of the holding and the Supreme Court’s failure to clarify the bounds of patentable subject matter under 35 U.S.C. § 101.


Posted On Jun - 25 - 2013 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 ...