Recent Articles

Akamai: A Cure for Medical Process Patent’s Prometheus Ailment?

Akamai: A Cure for Medical Process Patent’s Prometheus Ailment?

by Joanna Liebes Despite all of the industry and academic focus on the recent Supreme Court case Mayo v. Prometheus, without the Federal Circuit’s Akamai v. Limelight Networks decision, many medical process patents may be worthless. This note discusses the problem of subject matter eligibility … Read More

by Joanna Liebes Despite all of the industry and academic focus on the recent Supreme Court case Mayo v. Prometheus, without the Federal Circuit’s Akamai v. Limelight Networks decision, many medical process patents may be worthless. This note discusses the problem of subject matter eligibility … Read more

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 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

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 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

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 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

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 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

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 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

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 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

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 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 Medicines Patent Pool: Promoting Access and Innovation for Life-Saving Medicines Through Voluntary Licenses

The Medicines Patent Pool: Promoting Access and Innovation for Life-Saving Medicines Through Voluntary Licenses

Monopolies over many life-saving drugs have led to high prices that remain out of reach for patients in the developing world, leading to a crisis of access over these essential medicines. High intellectual property barriers harm not only access to medicines, but can also impact future innovation. In … Read More

Monopolies over many life-saving drugs have led to high prices that remain out of reach for patients in the developing world, leading to a crisis of access over these essential medicines. High intellectual property barriers harm not only access to medicines, but can also impact future innovation. In … 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 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

12