Automated Notices for Copyright Infringement: Pitfalls and Remedies

Background of Notice and Takedown Since the birth of the internet, online service providers (OSPs) have butted heads with copyright holders over whether OSPs should be responsible for copyright-infringing material posted by their users. Should Google be liable for infringement when it provides links to websites that post photographs without a copyright license?[1] Should YouTube owe damages for hosting a video that plays a song or shows a clip from a movie protected by copyright?[2] Continue Reading →

Supreme Court Upholds Patent Office’s Method Of Claim Construction

The 2011 Leahy-Smith America Invents Act (“AIA”) created a procedure called inter partes review (“IPR”) at the United States Patent Office (“PTO”) that allowed third parties to petition the PTO to reexamine previously issued patents to re-evaluate their patentability in light of prior art.1 The Act also granted the PTO the authority to issue “regulations . . . establishing and governing inter partes review.”2 Accordingly, the PTO issued a regulation stipulating that during IPR, a Continue Reading →

Interpreting the AIA’s “Otherwise Available to the Public”

The enactment of the Leahy-Smith America Invents Act (“AIA”), which President Obama signed into law on September 16, 2011, marked the most significant change to United States patent law since the Patent Act of 1952. While it is undisputed that the AIA’s enactment produces some dramatic changes to the patent system, there has been a great deal of debate over which elements of the previous regime the AIA leaves undisturbed and intact. A prime example Continue Reading →

Ninth Circuit Panel Throttles FTC Enforcement

The Federal Trade Commission (FTC) recently filed a petition to appeal a Ninth Circuit decision that exempts telecom giant AT&T from enforcement action by the agency. The litigation dates back to October 2014, when divisions of the FTC’s Bureau of Consumer Protection brought an action against AT&T for its undisclosed speed throttling of “unlimited” data plan subscribers. AT&T landed a major blow in August 2016 when a Ninth Circuit panel determined that the FTC Act Continue Reading →

If You’re Going to Delete All My Facebook Posts, Then You Might As Well Do It Right

Judicial benchslap stories are juicy legal fodder, and this story was no different. Recently, the legal community eagerly gossiped about a federal judge that lashed out against a well-known New York law firm. The offense? Judge Nicholas Garaufis of the Eastern District of New York was infuriated that the firm had sent a mere junior associate instead of a partner to a hearing on two cases that “implicate[] international terrorism and the murder of innocent people Continue Reading →

STLR Link Roundup – Feb. 6, 2016

Privacy Shield Data Transfer Agreement On February 2nd Officials from the United States and European Union agreed to a cross-Atlantic data transfer deal called Privacy Shield after three months of negotiations. The negotiations centered around disagreements between European and American regulators on the extent of privacy individuals should be able to expect for their data. The EU and US reached the agreement after the US government made promises that it would not target Europeans to Continue Reading →

The Legislative Response to Patent Trolls

Patent litigation could reach an all-time high in 2015. Sixty-eight percent of patent lawsuits filed this year were filed by patent trolls, defined by one law professor as “patent owners who do not provide end products or services themselves, but who do demand royalties as a price for authorizing the work of others.”[1] Recently, legislation has been introduced in Congress to stop the trolls—also known as non-practicing entities (NPEs), patent assertion entities (PAEs), or patent monetization Continue Reading →

King v. Burwell – Is the ACA in Danger?

Introduction No doubt, in the upcoming 2016 election, the Affordable Care Act (ACA) will be one of the main issues. Due to some recent cases, most notably King v. Burwell, parts of the ACA may be struck down. This will result in huge implications to the public as well as parties vying for the presidential seat next fall. King v. Burwell – Background and Implications King v. Burwell is a challenge to a key component of Continue Reading →

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 →

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 →