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The Geosynchronous Orbit and the Outer Limits of Westphalian Sovereignty

The Geosynchronous Orbit and the Outer Limits of Westphalian Sovereignty

The question confronting us today is: who  owns the GSO?  The inevitability of technological and scientific progress promises a future full of challenges for  space lawyers, who will ultimately be responsible for the composition of (and adherence to) international law in this new frontier.  In … Read More

08/30/2011 /
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3 Hastings Sci. & Tech. L. J. 471

The question confronting us today is: who  owns the GSO?  The inevitability of technological and scientific progress promises a future full of challenges for  space lawyers, who will ultimately be responsible for the composition of (and adherence to) international law in this new frontier.  In … Read more

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Subverting New Media for Profit: How Online Social Media “Black Markets” Violate Section 5 of the Federal Trade Commission Act

Subverting New Media for Profit: How Online Social Media “Black Markets” Violate Section 5 of the Federal Trade Commission Act

“Black markets” in social media votes and actions have in no way reached critical mass.  The number of sponsored “tweets,” “diggs,” and “favorites” on any given day no doubt represents a miniscule portion of the vast, burgeoning sea of authentic social media messages that … Read More

08/29/2011 /
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3 Hastings Sci. & Tech. L. J. 165

“Black markets” in social media votes and actions have in no way reached critical mass.  The number of sponsored “tweets,” “diggs,” and “favorites” on any given day no doubt represents a miniscule portion of the vast, burgeoning sea of authentic social media messages that … Read more

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‘Locked-In’ to Their Decisions: Investigating How the States Govern Revocation of Advance Directives and How Three States Make Revocation Impossible for People with Locked-In Syndrome

‘Locked-In’ to Their Decisions: Investigating How the States Govern Revocation of Advance Directives and How Three States Make Revocation Impossible for People with Locked-In Syndrome

The statutes governing revocation of advance directives in Colorado, Maryland, and Tennessee discriminate against locked-in patients and must be changed.  If those statutes are not changed, a person with locked-in syndrome in one of those states may not be able to legally revoke her advance … Read More

08/29/2011 /
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3 Hastings Sci. & Tech. L. J. 193

The statutes governing revocation of advance directives in Colorado, Maryland, and Tennessee discriminate against locked-in patients and must be changed.  If those statutes are not changed, a person with locked-in syndrome in one of those states may not be able to legally revoke her advance … Read more

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A Pathway to Follow-On Biologics

A Pathway to Follow-On Biologics

Biologics are rapidly growing in importance in the medical world.  The ability of biopharmaceutical drugs to replace natural proteins produced by the body make them invaluable as therapy regimens to target major disease including cancer, infectious agents, and a variety of other health conditions … Read More

08/29/2011 /
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3 Hastings Sci. & Tech. L. J. 217

Biologics are rapidly growing in importance in the medical world.  The ability of biopharmaceutical drugs to replace natural proteins produced by the body make them invaluable as therapy regimens to target major disease including cancer, infectious agents, and a variety of other health conditions … Read more

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Reach Through Royalties as a Workaround for Patent Exhaustion

Reach Through Royalties as a Workaround for Patent Exhaustion

Reach through royalties (RTRs) allow companies that license patented research tools to profit from inventions created by others using these tools. Support for RTRs is split; some disfavor them for their potential anti-commons effects, while others believe RTRs provide important services, such as … Read More

08/27/2011 /
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2 Hastings Sci. & Tech. L. J. 243

Reach through royalties (RTRs) allow companies that license patented research tools to profit from inventions created by others using these tools. Support for RTRs is split; some disfavor them for their potential anti-commons effects, while others believe RTRs provide important services, such as … Read more

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Concerns Associated with Expanding DNA Databases

Concerns Associated with Expanding DNA Databases

The establishment of DNA databases has been and continues to be a source of controversy. Proponents of DNA databases argue that it supports a discipline that does not rely on subjective judgments and interpretations, and expanding DNA databases will not only help to solve more crimes but also … Read More

08/27/2011 /
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2 Hastings Sci. & Tech. L. J. 267

The establishment of DNA databases has been and continues to be a source of controversy. Proponents of DNA databases argue that it supports a discipline that does not rely on subjective judgments and interpretations, and expanding DNA databases will not only help to solve more crimes but also … Read more

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A Dreadful Prognosis: Patentability of Diagnostic and Personalized Medical Procedures in the Wake of In re Bilski

A Dreadful Prognosis: Patentability of Diagnostic and Personalized Medical Procedures in the Wake of In re Bilski

Over the past few decades, patent applicants in certain technological fields are discovering a conflict inherent between the nature of their claimed inventions and judicial interpretation of Jefferson’s Patent Act language throughout the 19th and 20th Centuries. This conflict is particularly … Read More

08/27/2011 /
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2 Hastings Sci. & Tech. L. J. 301

Over the past few decades, patent applicants in certain technological fields are discovering a conflict inherent between the nature of their claimed inventions and judicial interpretation of Jefferson’s Patent Act language throughout the 19th and 20th Centuries. This conflict is particularly … Read more

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Comments Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. 560 F.3d 1366 (Fed. Cir. 2009) and Wyeth v. Diana Levine 129 S.Ct 1187 (2009)

Comments Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. 560 F.3d 1366 (Fed. Cir. 2009) and Wyeth v. Diana Levine 129 S.Ct 1187 (2009)

Case notes concerning Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. 560 F.3d 1366 (Fed. Cir. 2009) and Wyeth v. Diana Levine 129 S.Ct 1187 (2009)Read More

08/23/2011

Case notes concerning Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. 560 F.3d 1366 (Fed. Cir. 2009) and Wyeth v. Diana Levine 129 S.Ct 1187 (2009)Read more

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IN RE BERNARD L. BILSKI AND RAND A. WARSAW

IN RE BERNARD L. BILSKI AND RAND A. WARSAW

At first glance, the Federal Circuit’s categorical rejection of the “useful, concrete, and tangible result” test announced in State Street in favor of the machine-or-transformation test for patent-eligible subject matter could be seen as the death knell for business method and software … Read More

08/23/2011

At first glance, the Federal Circuit’s categorical rejection of the “useful, concrete, and tangible result” test announced in State Street in favor of the machine-or-transformation test for patent-eligible subject matter could be seen as the death knell for business method and software … Read more

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PRINCO CORPORATION AND PRINCO AMERICA CORPORATION V. INTERNATIONAL TRADE COMMISSION

PRINCO CORPORATION AND PRINCO AMERICA CORPORATION V. INTERNATIONAL TRADE COMMISSION

In affirming the ITC’s holding as to Princo’s first tying claim, the court found that a reasonably broad reading of the Lagadec patent (Sony’s digital method) would support a finding of infringement where anyone practiced the Phillips analog method, currently used as the industry standard.  … Read More

08/23/2011

In affirming the ITC’s holding as to Princo’s first tying claim, the court found that a reasonably broad reading of the Lagadec patent (Sony’s digital method) would support a finding of infringement where anyone practiced the Phillips analog method, currently used as the industry standard.  … Read more

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