Electronic communication technology has seamlessly woven itself into the fabric of individuals’ daily lives. Technology’s rapid evolution and continuous advancement has made it possible for more people to enjoy access to devices that facilitate electronic communications. Technology’s progression, however, is starkly contrasted against the law’s inability to keep pace. Garcia v. City of Laredo highlights …
The D.C. Circuit decided Sherley v. Sebelius in favor of the National Institute of Health by holding that federal funding can be applied to human embryonic stem cell research. This decision will allow scientists to make strides in research, and it could allow for scientists to quickly characterize genetic abnormalities that predispose humans to develop …
Intellectual property law dictates that there can only be one patent per invention, and this patent can only remain in effect for a limited time. However, patent holders sometimes try to avoid this restriction by patenting a similar invention to the previously claimed art under the guise of being a new invention. In the pharmaceutical …
Reverse payment settlements occur in patent infringement suits by innovative drug manufacturers against potential generic manufacturers under the Hatch-Waxman Act, where the innovator pays the generic and the latter agrees to delay market entry. Three circuit courts have endorsed such settlements under the “scope of the patent” (“SOP”) test. In In re K-Dur Antitrust Litigation, …
Over the past few years federal and many state courts have generally adopted a new discovery privilege. This privilege protects against the disclosure of the identity of a “John Doe” defendant whose anonymous online speech has given rise to a claim of defamation, copyright infringement, or other civil wrongdoing. The privilege can be overcome, but …
Until the mid-1980’s, federal judges had broad discretion in sentencing defendants. However, this created disparities in sentencing from one judge to another, and this in turn created a desire for much greater uniformity. The drive for uniformity resulted in a number of strict legislative measures, including mandatory minimum sentences and mandatory sentencing guidelines. Over time, …
This Article evaluates the scope of the public display right in the context of digital library collections, and suggests an interpretation of the right that tries to make sense of the practical concerns that its drafters expressed when creating it. In short, the Article focuses on the sometimes-forgotten but important fact that the unauthorized display …
Perhaps the new post-grant review proceeding in the United States was conceived in the likeness of a European opposition, but as it moved from conception to reality, a unique American administrative proceeding was created that does not bear much resemblance to its European inspiration. This Article describes features of both post-grant review and European oppositions …
This Article examines the conflict—the dissonance—that arises when law enforcement officers from one jurisdiction remotely search a computer that is physically located in another jurisdiction. It reviews the current status of remote computer searches in Europe, noting that such searches are legal under United Kingdom law but are, for most purposes, outlawed by German law. …
Counterfeit luxury goods have become an undeniable part of the global economy. It is estimated that these goods account for roughly seven percent of the global marketplace. With the emergence of the counterfeit market, consumers have become sophisticated shoppers who are knowledgeable and educated about their brand preferences as well as the availability of counterfeits, …