Hastings is proud to announce the launch of the Privacy and Technology Project (Project) and the launch of the Project‘s writings on the HSTLJ blog. The Project engages in a variety of initiatives, including applied research projects and events. As part of our activities, the Project will … Read more
Current Issue: Winter 2013
Recent Articles
All »Copyright Protection for Search Results: “Hiybbprqag,” “Mbzrxpgjys,” and “Indoswiftjobinproduction”
Copyright Protection for Search Results: “Hiybbprqag,” “Mbzrxpgjys,” and “Indoswiftjobinproduction”
Since the digital revolution, it is estimated that the sum of all information in the world doubles every two years. Yet information is only useful to the extent people can effectively access and utilize the information they need. The search engine Google has met this challenge better than any of its … Read More
Since the digital revolution, it is estimated that the sum of all information in the world doubles … Read more
E-Discovery in the Cloud Era: What’s a Litigant To Do?
E-Discovery in the Cloud Era: What’s a Litigant To Do?
With great technology, comes great responsibility. In an era with increasing use and dependence on cloud computing, e-discovery is becoming increasingly complicated and expensive. These difficulties are further magnified when litigants and their attorneys are unfamiliar with how cloud technology … Read More
With great technology, comes great responsibility. In an era with increasing use and dependence on … Read more
The Sum of the Parts is Greater Than the Whole: Why Courts Determining Subject Matter Eligibility Should Analyze the Patent-Eligible and Unpatentable Portions of the Claim Separately Instead of Treating the Claim as a Whole
The Sum of the Parts is Greater Than the Whole: Why Courts Determining Subject Matter Eligibility Should Analyze the Patent-Eligible and Unpatentable Portions of the Claim Separately Instead of Treating the Claim as a Whole
For years, uncertainty has plagued the patent world regarding how to determine if claims are patent eligible. Recent Supreme Court decisions addressing patent eligibility, while resolving the eligibility of the claims before the Court, have not provided a general methodology for lower courts and the … Read More
For years, uncertainty has plagued the patent world regarding how to determine if claims are patent … Read more
Should We Award Mr. Sugano a Valid Patent? Rethinking the Federal Circuit’s Rigid Written Description Requirement in Gene Patents
Should We Award Mr. Sugano a Valid Patent? Rethinking the Federal Circuit’s Rigid Written Description Requirement in Gene Patents
Whether a separate written description exists in 35 U.S.C. § 112 of the United States Code has been the subject of much debate. In Ariad v. Eli Lilly, the Federal Circuit attempted to settle the issue. An en banc panel consisting of eleven judges decided the case; and the court also received … Read More
Whether a separate written description exists in 35 U.S.C. § 112 of the United States Code has been … Read more
Titans and Trolls Enter the Open-Source Arena
Titans and Trolls Enter the Open-Source Arena
Open-source software has become a prominent part of the software industry, due in part to its applications in mobile devices, online social networks, and cloud computing. As a result, the open-source community is an increasingly attractive litigation target for patent trolls and titans. While in the … Read More
Open-source software has become a prominent part of the software industry, due in part to its … Read more
A Conversation on Judicial Decision-Making
A Conversation on Judicial Decision-Making
Recent Supreme Court cases reveal a fascinating conversation across time between the Court and the Federal Circuit. It is a conversation not just about the nature of patents, but also about the nature of judicial decision-making. The conversation implicates how one goes about crafting the rules … Read More
Recent Supreme Court cases reveal a fascinating conversation across time between the Court and the … Read more
Open Source and the Age of Enforcement
Open Source and the Age of Enforcement
The last five years have seen the first serious enforcement efforts by licensors of open source software, so we are truly at the dawning of the age of enforcement. But open source claims are not like other claims. Understanding the distinctions between open source software claims and other … Read More
The last five years have seen the first serious enforcement efforts by licensors of open source … Read more
FDA FDA Enforcement of Criminal Liability for Clinical Investigator Fraud
FDA FDA Enforcement of Criminal Liability for Clinical Investigator Fraud
Clinical investigator fraud is a very real problem, and falls squarely within FDA’s mandate to protect the public health. The Eighth Circuit has held that under this mandate, FDA has the authority to impose affirmative duties to protect the public health by promulgating relevant regulations. … Read More
Clinical investigator fraud is a very real problem, and falls squarely within FDA’s mandate to … Read more
European Commission Proposed Data Protection Law
On January 25, 2012, the European Commission released a proposed General Data Protection Legislation (“Proposed Regulation”) for comprehensive reform of existing European Union (“EU”) data protection rules. Through the Proposed Regulation, the European Commission seeks to “strengthen … Read more