Interpreting the BPCIA – Is the “Patent Dance” Mandatory?

Background Biologics are a type of therapeutics derived from, or made by, the biological processes of a living organism, such as human cells, animals, microorganisms, or yeast.1 Examples of biologics include some vaccines, blood or blood components, hormones, and antibodies. Unlike standard chemical drugs, which are relatively small molecules, biologics are often large and complex molecules that are not easily produced through synthetic manufacturing pathways. Due to their production mechanism, it is difficult to create Continue Reading →

STLR Link Round Up – March 27, 2015

Google’s First Privacy Loss A UK Court of Appeal ruled that safari users will retain their right to sue Google over alleged misuse of privacy settings. Safari users argued that Google, bypassing individual Safari security settings, installed tracking cookies on their computer. Plaintiffs alleged that this allowed Google to gather individual data about the user to target them with advertising, which Safari, unlike other browsers, aims to prevent. The initial right to action was established Continue Reading →

Social Media and the Discovery Process

We are using an increasing number of mediums to communicate today, and with this advent in technology, lawyers must likewise learn the new rules associated with discovery and social media – or adapt and stretch the old rules. Facebook, Twitter, Instagram, Tumblr, and others are all new platforms for sharing and obtaining information, some of which may be used in litigation. Given the relative novelty of these channels, the discovery process for them is still Continue Reading →

Claim Construction Under Teva: How Much Deference?

The claims of a patent define the scope of the exclusive right granted to the patentee. Claims should be written such that a person of ordinary skill in the art can understand the boundaries of the invention. The language, which can sometimes be ambiguous, typically consists of a mix of ordinary languages as well as technical and legal jargon. Thus, an important step for courts, in resolving patent infringement disputes, is the interpretation of the Continue Reading →

STLR Link Round-Up – March 13, 2015

Tracking License Plates The increasing use of Automatic License Plate Reader (ALPR) technology is causing concern. Police in Oakland, California recently released the data they have collected using the technology, and the sheer amount of information is astounding. Analysis by the Electronic Frontier Foundation revealed that as few as two patrol cars equipped with ALPRs could be responsible for collecting as many 63,272 data points. According to the American Civil Liberties Union (ACLU), ALPR technology uses high speed Continue Reading →

STLR Link Round-Up – March 13, 2015

Obama Announces ‘TechHire’ Jobs Initiative President Obama has announced a new $100 million grant program to train and hire new job seekers in the technology space. “TechHire” may not have the same ring as “America Works,” but the initiative plans to provide tech training and job placement opportunities in 20 regions across the country, with the help of 300 private sector employers. Together, these 20 regions have 120,000 openings in the technology sector, where some entry Continue Reading →

First Grocery Shopping and Now Courts: Unfolding the Proposed Online-Court System for the UK.

In the latest Civil Justice Council report, Professor Richard Susskind proposes to reduce expenses to the judicial system by establishing “Her Majesty’s Online Court” (HMOC), an Online Dispute Resolution system for civil court cases below £25,000. Online Dispute Resolution (ODR) has successfully allowed parties who are unable to meet face-to-face to negotiate and resolve their disputes over the internet. Most often, ODR has been used to bridge the gap between consumer and supplier in an online Continue Reading →

Grounding Delivery Drones

Amazon, an online retailer, made waves in 2013 when it announced its plans to develop drones to deliver its packages. The company was by no means the first to come up with the idea, a previously proposed airborne, taco delivery system whetted many appetites, but Amazon’s sheer success caused many to wonder if delivery would be changed forever. Plenty of naysayers opined that the service would never take off. With countless dangers out there for drones, ranging from birds of Continue Reading →

STLR Link Round-Up – March 6, 2015

Compuware the First Company to be  Fined $1.1 Million Under New Anti-Spam Law CRTC penalizes Quebec company for emails sent to consumers without their consent. The CRTC is preparing to mete out a $1.1 million fine against a company it accuses of “flagrantly” flouting Canada’s anti-spam legislation. This case represents the first time the CRTC has sought to impose a financial penalty under the anti-spam law, which came into effect last July.The CRTC alleges the company Continue Reading →

Legally Mandated Vaccinations

The recent measles outbreak that started at Disneyland and quickly spread to different parts of the country, with 107 cases in 14 states, has reignited debate over requiring laws that require parents to vaccinate their children. Currently, 48 states allow parents to forego vaccinating their children for religious reasons, while 19 states allow exemptions for personal or philosophical reasons.  Only two states — Mississippi and West Virginia — ban all nonmedical exemptions.  While there is Continue Reading →