Inconsistent Judgments on the Breadth of CBM Review?

Guest Post by Jeffrey Berkowitz and Jonathan R.K. Stroud  | If you are looking for clarity on what qualifies as a “Covered Business Method” for review under Section 18 of the AIA (America Invents Act), the PTAB’s (Patent Trial and Appeal Board) decisions offer little guidance. Congress established the PTAB to provide a more effective, efficient, and consistent review of issued patents. But the PTAB has a ways to go as far as consistency is concerned. Continue Reading →

STLR Link Round-Up – Dec. 5, 2014

France Pushes for Universal “Right to be Forgotten” France is pushing for the so-called “right to be forgotten” to be adopted globally. The right to be forgotten arises out of a ruling by the European Court of Justice this past May, which held that companies like Google cannot provide links to information that is “inadequate, irrelevant or no longer relevant, or excessive in relation to the purposes for which they were processed and in the Continue Reading →

STLR Link Round-Up – Nov. 28, 2014

New Technology and the Practice of Law The Hackathon phenomenon spread into the legal industry over the last few years as young lawyers in groups like Legal Hackers push to develop modern legal tools. The organization was formed in 2011 by Brooklyn Law students with help from Brooklyn Law School’s Incubator and Policy clinic. Its events have spawned numerous, diverse legal apps such as PaperHealth (creates living wills and health care proxies on a smartphone), Continue Reading →

City of Los Angeles v. Patel – Facial Challenges to Privacy Statutes and Why They Are Essential to Developing a Body of Statutory Law to Govern Privacy

On October 20, 2014 the Supreme Court decided to hear the case City of Los Angeles v. Patel. [1] The case involves a local ordinance, which requires operators of hotels to keep records of their guests, and to provide them to the police if requested without any judicial oversight.[2] The Ninth Circuit held that the statute was invalid because it did not satisfy the Fourth Amendment’s reasonableness requirements in all circumstances.[3] As presented to the Continue Reading →

STLR Link Round-Up – Nov. 13, 2014

By Andrew Chung President Obama on Net Neutrality On November 10th, 2014, the White House uploaded a video and website in support of Net Neutrality. President Obama urged the Federal Communications Commission (FCC) to apply Title II of the 1996 Telecommunications Act to Internet service providers (ISP). While the president acknowledged the FCC’s independent decision-making power, many commentators see the move as very influential. Until this point, the FCC had been working on a hybrid Continue Reading →

Snowden Revelations Inspire Greater Transparency in Technology Companies

Edward Snowden’s leaked documents first surfaced in The Guardian and The Washington Post in June 2013, exposing National Security Agency (NSA) efforts to gather the telephone records and digital data of millions of Americans. Through its PRISM program, the NSA was able to directly collect information from the internet servers of companies like Microsoft and Yahoo. The NSA was also able to engage in bulk collection of user data through targeted data collection protected by Continue Reading →

STLR Link Round-Up – Nov. 6, 2014

Compelled Fingerprinting: The next development in what could be called IOs 8 Jurisprudence: a Virginia Circuit Court held that the 5th Amendment provides no protection for a Defendant forced to provide his fingerprint to unlock his phone. Professor and tech law writer Orin Kerr writes that the holding “is just a state court trial ruling, not an appellate decision. So it’s interesting more for its reasoning than its precedential value.” In dicta, the Court also Continue Reading →

Use of Athletes as Science Experiments: Are We Next?

John Calipari, University of Kentucky basketball coach, is a renowned and often controversial figure. He is also one of the first coaches to implement the use of heart-rate monitors during team practices to push his players beyond their comfort zones into complete physical exhaustion. Not only do the heart-rate monitors measure players’ exertion rates, but they also keep track of caloric burn. While the original purpose of these devices was to measure player exhaustion and Continue Reading →

STLR Link Round-Up – Oct. 31, 2014

Applying Aereo In June of this year, the Supreme Court of the United States handed down American Broadcasting Companies, Inc. v. Aereo, Inc., holding that Aereo was in violation of the Copyright Act when it sells to its subscribers a service that allows them to watch television programs over the Internet as those programs are being broadcasted over the air. Since then, Aereo has vowed to remain operational despite the significant challenges it faces. Aereo’s Continue Reading →

STLR Link Round-Up – Oct. 31, 2014

Spain’s Parliament approves new so-called “Google Tax” Spain’s Parliament announced that it would adopt a new tax on news aggregators. (Yahoo news). The tax has come to be known as the “Google tax.” At least one technology blog, Gizmodo, was quick to decry the new law as “bad for everyone.” (Gizmodo). A similar tax was tried in Germany. Ultimately after being blocked by Google, the news sites asked to be relisted. (TechCruch h/t Gizmodo).   Continue Reading →