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.


By Pio Szamel

Court Finds Warrant Unnecessary for Tracking of Unauthorized WiFi User

A federal district court has ruled that law enforcement do not need to obtain a warrant in order to track down unauthorized users of an unsecured WiFi account, reports Orin Kerr at The Volokh Conspiracy.  After tracking a child pornography suspect to an IP address associated with a Comcast account, Pennsylvania State Police discovered that their suspect was not the Comcast customer but rather a neighbor mooching off the customer’s unsecured WiFi network.  With the permission of the customer, they used free software and a directional antenna to identify the apartment containing the suspect’s computer and obtain a search warrant. In the subsequent criminal proceedings, the defendant moved to suppress the evidence against him on the grounds that tracking down his computer constituted an illegal warrantless search, but Judge Joy Conti of the Western District of Pennsylvania disagreed, finding that the defendant did not have a reasonable expectation of privacy because in connecting to the unauthorized wireless network he was voluntarily sending a signal to a third party. The Wall Street Journal has additional coverage, and the opinion can be found at the Volokh Conspiracy.

Republican Study Committee Releases, then Retracts Report Calling for Copyright Reform

The Republican Study Committee, an influential caucus of more than 170 conservatives in the House of Representatives, released a report on Friday, November 17 calling for wide-reaching copyright reform but then retracted it the next day in response to pushback from content industry groups, reports Ars Technica. The report, preserved by the Electronic Frontier Foundation (“EFF”), purported to debunk what it called “three myths” about copyright: that its purpose is to compensate copyright holders; that it represents free markets at work; and that the current copyright regime maximizes innovation and productivity.  It went on to call for reductions in statutory damages and in the length of copyright terms, expansion of fair use, and punishment for false copyright claims.  Techdirt hailed the original report, while EFF denounced its retraction as a retreat to a “reality-free zone.”

Texas Student Granted Temporary Restraining Order against School RFID Tracking Requirement

A state judge has granted a Texas high school student a temporary restraining order preventing her district from transferring her to another high school over her refusal to comply with a school-mandated RFID tracking program, reports Wired.  John Jay High School in San Antonio, Texas is piloting a program to track students with RFID tags embedded in student IDs in order to prove that they are present on campus, in the hope of winning more attendance-based state funding.  The student in question objected to the program, claiming it violates her core religious beliefs, and publicized her objections in leaflets distributed to other students.  When she was threatened with transfer out of the magnet school, she sued the school with the assistance of the Rutherford Institute.  Her complaint can be found on the Rutherford Institute’s website; Ars Technica has further coverage.

Posted On Nov - 25 - 2012 Comments Off READ FULL POST

Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling USA, Inc.
By Suzanne Van Arsdale – Edited by Sounghun Lee

Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling USA, Inc., No. 2011-1555 (Fed. Cir. Nov. 15, 2012) (Transocean II)
Slip opinion

The Court of Appeals for the Federal Circuit reversed the Southern District of Texas’s ruling that U.S. Patent Nos. 6,047,781, 6,085,851, and 6,068,069 held by plaintiff Transocean Offshore Deepwater Drilling, Inc. (“Transocean”) were invalid for obviousness and lack of enablement, that defendant Maersk Drilling USA, Inc. (“Maersk”) did not infringe some claims, and that Transocean was not entitled to damages. The court of appeals also reversed the district court’s conditional grant of a new trial.

The Federal Circuit held that a person of ordinary skill in the art could practice the claims without undue experimentation and objective evidence was sufficient to rebut a prima facie case of obviousness. As such, the court further held that the jury’s findings and award of $15 million to Transocean were sound, and the district court erred in granting Maersk’s motion for judgment as a matter of law for insufficient evidence. In so holding, the court noted that “we have rarely held that objective evidence is sufficient to overcome a prima facie case of obviousness.” Transocean II at 21.

Bloomberg provides an overview of the decision and the prior ruling. IP Frontline notes that the court has rarely found nonobviousness by looking at objective indicia.


Posted On Nov - 24 - 2012 Comments Off READ FULL POST

Hernandez v. Path, Inc.
By Kathleen McGuinness – Edited by Charlie Stiernberg

Hernandez v. Path, Inc., No. 12-CV-01515 YGR (N.D. Cal. Oct. 17, 2012)
Slip opinion

In a class-action privacy lawsuit over a photo sharing app’s alleged unauthorized access of user data, the District Court for the Northern District of California held that the plaintiff has Article III standing, but dismissed six of the ten claims. The court held that neither a slight loss of phone battery life nor hypothetical future risks to the security of user data were sufficient harms to establish standing, but ruled that the expense of paying an expert to remove the unwanted software could be sufficient. It also allowed a negligence claim to go forward, noting that California courts have not foreclosed the possibility of liability for third-party app developers who negligently collect user data.

MediaPost provides a short overview of the case. Internetcases discusses the holding for each claim in more detail. The Technology & Marketing Law Blog criticizes the decision, expressing concern about the implications of allowing the negligence claim.


Posted On Nov - 20 - 2012 Comments Off READ FULL POST

By Michelle Sohn

Posthumously Conceived Twins from Michigan Seek Deceased Father’s Social Security Benefits

On Thursday, the Michigan Supreme Court heard oral arguments on whether posthumously conceived twins are entitled to their father’s Social Security benefits, reports ABC News. The twins—aged 10—were conceived through in vitro fertilization, using sperm stored while their father, Jeffrey Mattison, underwent chemotherapy.  Months before Mr. Mattison’s death, the twins’ mother, Pamela Mattison, had been preparing for the in vitro treatment according to her attorneys. Mrs. Mattison conceived the twins in January 2001, weeks after Mr. Mattison’s death. While the case is one of first impression for the Michigan Supreme Court, the U.S. Supreme Court ruled on a similar issue earlier this year. In Astrue v Capato, the U.S. Supreme Court held that the eligibility of posthumously conceived children for social security benefits should be decided according to statutory requirements or a state’s intestacy law. The Michigan Supreme Court’s ruling in this case will decide whether Michigan’s law permits children conceived after a biological parent’s death to inherit benefits.

Ninth Circuit to Decide Whether a Sent E-Mail Can Create Agency

The U.S. Court of Appeals for the Ninth Circuit took on the question of whether a sent, but unread, e-mail can give rise to a contract claim, reports Law Technology News. The question arises from a contract dispute between Paramount, an almond and pistachio company, and Ventilex B.V., a Dutch manufacturer. The plaintiff in the dispute, Paramount, contracted with the defendant’s American sales unit, Ventilex U.S.A., to buy the defendant’s almond pasteurizing machine. According to the contract, Ventilex U.S.A. guaranteed the machine’s approval by and compliance with government regulations. However, the machine was not able to obtain governmental approval and Ventilex U.S.A eventually went bankrupt. Paramount then brought suit against Ventilex B.V. Pointing to an e-mail from Ventilex U.S.A to the defendant regarding the machine’s guaranteed government approval, the plaintiff argues that Ventilex U.S.A. was acting as an agent for the defendant. However, the defendant never responded to the e-mail and it is unclear whether the e-mail was actually read.

Google Transparency Report Released

Earlier this week, Google released a new report on transparency, reports Ars Technica. The report is released twice a year and discloses statistics on traffic, removal requests, and user data requests. According to the report, the U.S. government made the most requests for user data. From January to June 2012, the U.S. made nearly 8,000 requests for user data and Google complied with these requests 90% of the time. Overall, approximately 34,000 Google users were subject to surveillance requests by governments worldwide. The report also reveals that removal requests for copyrighted materials grew exponentially. The Microsoft Corporation has made the most removal requests for copyrighted material so far this year.

Posted On Nov - 17 - 2012 Comments Off READ FULL POST

By Michael Hoven

Supreme Court to Hear DNA Privacy Case

The Supreme Court granted certiorari in Maryland v. King,  a case involving the warrantless collection of DNA from an arrestee, the Washington Post reported.  In 2009, Maryland instituted routine DNA collection from people arrested for violent crimes; Alonzo King, Jr. was arrested for assault in 2009, and a cheek swab connected him to a 2003 rape, for which he was later convicted. The Maryland Supreme Court overturned the conviction on the grounds that the DNA collection violated King’s Fourth Amendment rights.

Canada Invalidates Viagra Patent

The Canadian Supreme Court invalidated Pfizer’s patent on Viagra for failing to meet the disclosure requirements of the Canadian Patent Act, reported Reuters. The court accused Pfizer of trying “to ‘game’ the system” with its patent. The ruling was a victory for Teva Pharmaceutical Industries, which had previously, and unsuccessfully, sued Pfizer in the United States, Spain, Norway, and New Zealand.

Sixth Circuit Affirms Ruling against Attorney Who Made Fake Child Pornography for Defense Case

An attorney in Ohio digitally altered two photos of minors to display them in sexually explicit acts, and used those images at two separate trials to argue that child pornography laws are overbroad because it is too difficult to detect whether or not a given image is of a minor. As Ars Technica reports, the attorney, Dean Boland—a former state prosecutor and frequent expert witness in child pornography cases—was held liable for $300,000 in a civil suit brought by the families of the two girls whose images were altered, and the Sixth Circuit has now affirmed the decision. The Sixth Circuit rejected Boland’s First Amendment argument, which emphasized that the images were created for courtroom use. The court stated that the creation of “morphed images” to make his point was “an option Congress explicitly forbade.”

Posted On Nov - 13 - 2012 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 ...