STLR Link Roundup – February 15, 2019

Eligibility of Medical Diagnostics Method to be Patented On February 6, 2019, the U.S. Court of Appeals for the Federal Circuit ruled that the medical diagnostics method at hand were patent ineligible under 35 U.S.C. § 101. Plaintiff, Athena Diagnostics, Inc., was the exclusive licensee of the patent that covered “methods for diagnosing neurological disorders by detecting antibodies to a protein.” After Defendant, Mayo Collaborative Services, LLC, allegedly exercised the patent for developing other competing Continue Reading →

Celebrating 20 Volumes of STLR!

Please join the Columbia Science and Technology Law Review in celebrating our landmark 20 volumes On March 12, 2019, STLR will be holding a panel from 5:00-6:30 in Jerome Greene Hall Room 106, featuring:   Darren Schmidt, Senior Counsel, Content and Distribution, Spotify and STLR Editor-in-Chief, Volume I Makalika Naholowa’a, Senior Attorney, Head of Trademarks, Microsoft and STLR Managing Editor, Volume XI A representative from Paul, Weiss   A cocktail reception will follow, from 6:30-8:00 Continue Reading →

Chinese IP Courts

The patent battle between Apple and Qualcomm is garnering attention all over the world. But no court ruling has drawn more attention than the preliminary injunction granted to Qualcomm by the Fuzhou Intermediate People’s Court in China in November 2018. However, why did Qualcomm bring their claims at the Fuzhou Intermediate Court? Generally speaking, there are four tiers of courts in the Chinese legal system. From the highest to the lowest level, they are: the Continue Reading →

STLR Link Roundup – February 8, 2019

Progress in Pharmaceutical Pricing via Rebates On January 31st, 2019, the Office of the Inspector General and Department of Health and Human services proposed a rule to lower prescription drug prices by removing the safe harbor under the Anti-Kickback statutes of rebates paid by manufacturers to pharmacy benefit managers, part D plans, and Medicaid managed care organizations. It creates a new safe harbor for discounts that are offered directly to patients and fixed fee service arrangements Continue Reading →

Deceptive Advertisement in Search Engines

When using Internet search engines to look for information, we generally expect that the search results are reasonably relevant to our search query on an objective basis. What if, however, some results are included or placed higher up in the list because someone paid for such a priority result? This would fundamentally undermine the credibility of search results, unless such manipulation was duly revealed to users. These days, as increasing number of people use search Continue Reading →

STLR Link Roundup – February 1, 2019

Apple Turns to Self-Help to Punish Violators of Developer Policies Regarding Personal Data This week, Apple suspended internal apps used by both Google and Facebook employees on Apple’s iOS operating system after acknowledgement that Google and Facebook independently used these internal apps to gather data on internet use from consumer volunteers. Apple has since restored the apps on Apple devices. This approach has highlighted the lengths Apple is willing to go to protect user information, Continue Reading →

Regulating Artificial Intelligence

Current Regulation of Artificial Intelligence Artificial intelligence is changing the world at a breakneck pace. The applications of artificial intelligence are numerous and growing, involving everything from financial planning, medical procedures, the fashion industry, and the ever-expanding reality of fully autonomous vehicles. As of now, most artificial intelligence is either completely unregulated or regulated only to the extent that all technologies in a certain sphere are (i.e., all medical software and hardware must comply with Continue Reading →

STLR Link Roundup – January 25, 2019

Senators Grassley and Wyden Propose The Right Rebate Act In December, Senators Chuck Grassley (R-IA) and Ron Wyden (D-OR) introduced legislation entitled The Right Rebate Act of 2019. This legislation would serve as an amendment to Title XIX of the Social Security Act. The aim of this amendment is to allow for the pursuit of penalties by the Department of Health and Human Services (HHS) against a drug manufacturer that “knowingly misclassifies or submits incorrect Continue Reading →

Can A SEP Holder Refuse to License Its SEP to A Willing License-Seeker?

Standard-essential patents (“SEPs”) are patents that embody industry-adopted technical standards. While standardization presents many benefits, including interoperability of standardized products and lower manufacturing costs, to the consumers and the industries, it may also lead to the “hold-up” problem where a SEP holder demands a high royalty rate from an implementer using the standard-development leverage. To mitigate the hold-up problem, standard-setting organizations (“SSOs”) often require the participants to agree to license their SEPs to implementers on Continue Reading →

How Secure is Your Messenger and Is Encryption Enough?

Early in 2018, Facebook confirmed that the company scans chats from their messenger app with the alleged aim to scan for malware and other elicit content. Microsoft also watches over what you are saying and, pursuant to its Microsoft Services Agreement, can close your accounts if you use profane language on its platforms or share illicit content through its services. Companies such as Facebook and Microsoft that practice such email/messenger scanning have leveraged this power Continue Reading →