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

Flash Digest: News in Brief
By Alex Shank

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

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

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

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

Isolated DNA Unpatentable but cDNA Patentable, Holds Supreme Court

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

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.” 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.

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Posted On Jun - 25 - 2013 Comments Off READ FULL POST

Entrepreneur “Owns” Oprah as Second Circuit Reinstates Trademark Suit

 Kelly-Brown v. Winfrey
By Alex Shank – Edited by Samantha Rothberg

The U.S. Court of Appeals for the Second Circuit vacated the District Court for the Southern District of New York’s (S.D.N.Y.) dismissal of trademark infringement claims against Oprah Winfrey, rejecting her fair use defense. Kelly-Brown alleged that Winfrey had used her trademarked phrase “Own Your Power” “as a mark” on the cover of O, The Oprah Magazine, its website, and at a magazine event.

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Posted On Jun - 18 - 2013 Comments Off READ FULL POST

Athlete’s Right of Publicity Outweighs First Amendment Protections for EA Video Game, Court Holds

Hart v. Electronic Arts, Inc.
By Samantha Rothberg – Edited by Alex Shank

The Third Circuit reversed the U.S. District Court for the District of New Jersey’s grant of summary judgment to Electronic Arts (“EA”) in a right of publicity action, on the grounds that EA’s appropriation of Ryan Hart’s likeness in a video game was protected by the First Amendment. The case was remanded to the district court for further proceedings consistent with the Third Circuit’s adoption of the “transformative use” test.

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Posted On Jun - 10 - 2013 Comments Off READ FULL POST

The Way the Cookie Crumbles: “Metaphorical” Arguments Before The Supreme Court on the Patentability of Genes

Ass’n for Molecular Pathology v. Myriad Genetics, Inc.
By Alex Shank – Edited by David LeRay

On Monday, April 15, the Supreme Court heard oral arguments to determine the validity of a patent encompassing the use of the BRCA1 and BRCA2 genes. Mutations in these genes correlate strongly with the development of breast and ovarian cancers. As the patent owner, Myriad Genetics, Inc. (“Myriad”) possesses and exercises the exclusive right to sell diagnostic testing kits based on these genes.

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