Issue Archives

Search Query Privacy: The Problem of Anonymization

Search Query Privacy: The Problem of Anonymization

Search queries may reveal quite sensitive information about the querier. Even though many queries are not directly associated with a particular person, it has been argued that the IP addresses and cookies of the users can often be sufficient to figure out who the querier is, especially if tied to … Read More

Search queries may reveal quite sensitive information about the querier. Even though many queries are not directly associated with a particular person, it has been argued that the IP addresses and cookies of the users can often be sufficient to figure out who the querier is, especially if tied to … Read more

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Software Patents Under 35 U.S.C. § 271(f): Should Congress Amend § 271 to Harmonize Protection Between Tangible and Intangible Inventions?

Software Patents Under 35 U.S.C. § 271(f): Should Congress Amend § 271 to Harmonize Protection Between Tangible and Intangible Inventions?

U.S. Patent laws presumptively apply only to acts committed within this country. Congress has, however, imposed liability for domestic patent infringement based on actions taken, or at least completed, outside the United States. For example, Congress added § 271(f) to the patent statues in 1984 to … Read More

U.S. Patent laws presumptively apply only to acts committed within this country. Congress has, however, imposed liability for domestic patent infringement based on actions taken, or at least completed, outside the United States. For example, Congress added § 271(f) to the patent statues in 1984 to … Read more

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Injunctive Relief Post eBay and the Various Applications of the Four-Factor Test in Differing Technological Industries

Injunctive Relief Post eBay and the Various Applications of the Four-Factor Test in Differing Technological Industries

In the 2006 opinion for eBay v. MercExchange the Supreme Court struck down the Federal Circuit’s blanket rule of granting injunctions for patent infringement. Outlining a four-factored test, the Court declared that injunctive relief should be determined based on “principles of equity.” This … Read More

In the 2006 opinion for eBay v. MercExchange the Supreme Court struck down the Federal Circuit’s blanket rule of granting injunctions for patent infringement. Outlining a four-factored test, the Court declared that injunctive relief should be determined based on “principles of equity.” This … 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

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

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

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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The Role of the Subconscious in Intellectual Property Law

The Role of the Subconscious in Intellectual Property Law

Human behavior stems from a fascinating tangle of conscious and subconscious impulses. Issues resulting from this combination can become relevant in a wide variety of legal contexts, including choosing where to place a burden or whom to hold liable. These nuances are particularly important in … Read More

Human behavior stems from a fascinating tangle of conscious and subconscious impulses. Issues resulting from this combination can become relevant in a wide variety of legal contexts, including choosing where to place a burden or whom to hold liable. These nuances are particularly important in … Read more

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The Exportability of the Principles of Software: Lost in Translation?*

The Exportability of the Principles of Software: Lost in Translation?*

The American Law Institute approval of The Principles of Software Contracts is a significant milestone in the history of software law. The project began in 2004 because of the flaws of the Uniform Computer Information Transactions Act concerning this issue, problems strengthened by the widely held … Read More

The American Law Institute approval of The Principles of Software Contracts is a significant milestone in the history of software law. The project began in 2004 because of the flaws of the Uniform Computer Information Transactions Act concerning this issue, problems strengthened by the widely held … Read more

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Shifting the Burden: Proving Infringement and Damages in Patent Cases Involving Inconsistent Manufacturing Techniques

Shifting the Burden: Proving Infringement and Damages in Patent Cases Involving Inconsistent Manufacturing Techniques

The law is clear that it is the plaintiff-patentee’s burden to prove both infringement and damages. It is unclear, however, in cases involving inconsistent manufacturing techniques, what level of evidence is required to meet this burden and when, if at all, such burden should pass to the … Read More

The law is clear that it is the plaintiff-patentee’s burden to prove both infringement and damages. It is unclear, however, in cases involving inconsistent manufacturing techniques, what level of evidence is required to meet this burden and when, if at all, such burden should pass to the … Read more

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A Brief History of the Commercial Speech Doctrine (With Some Implications for Tobacco Regulation)

A Brief History of the Commercial Speech Doctrine (With Some Implications for Tobacco Regulation)

The passage of the Family Smoking Prevention and Tobacco Control Act of 2009 delegated substantial new responsibility to the U.S. Food & Drug Administration. Charged with implementation of the Act, the Food & Drug Administration issued a call for public comment on what approaches to take. … Read More

The passage of the Family Smoking Prevention and Tobacco Control Act of 2009 delegated substantial new responsibility to the U.S. Food & Drug Administration. Charged with implementation of the Act, the Food & Drug Administration issued a call for public comment on what approaches to take. … Read more

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