JIPEL Vol. 6, No. 1 – Fall 2016
The NYU Journal of Intellectual Property and Entertainment Law is proud to present Volume 6 Issue 1 of the Journal.
The Challenging Economics of the Companion Diagnostics Industry: A Compelling Case for Invigorated Patent Protection
Diagnostic tests are a core component of modern health care practice: they determine a patient’s susceptibility to developing cancer and other disorders; they diagnose biological conditions; they monitor the progress…
Un-Blurring Substantial Similarity: Aesthetic Judgments and Romantic Authorship in Music Copyright Law
Music copyright disputes have been in the limelight since long before George Harrison subconsciously ripped off the Chiffons. Yet, with copyright holders becoming ever more litigious, disputes over musical rights…
Correlative Obligation in Patent Law: The Role of Public Good in Defining the Limits of Patent Exclusivity
In light of the recent outrageous price-spiking of pharmaceuticals, this Article questions the underlying justifications for exclusive rights conferred by the grant of a patent. Traditionally, patents are defined as…
Disrupting the Balance: The Conflict Between Hatch-Waxman and Inter Partes Review
Since the enactment of the America Invents Act, inter partes review has been a new pathway for challenging patents. This administrative proceeding at the Patent Trial and Appeal Board has…
Copyright Protection Of Designs Incorporated In Apparels And Uncertainty In The Law?
Case Analysis: Varsity Brands, Inc. V. Star Athletica, LLC Facts Varsity Brands Inc., a manufacturer of cheerleading uniforms, brought an action against Star Athletica, LLC, alleging infringement of its copyrighted…
Native Advertising: The Blurred Lines between Sponsored and Non-Sponsored Content and the FTC’s Response
In the modern age of social media, companies have increasingly begun to turn to native advertising to promote their products and services. Native advertising is a form of marketing in…
Is There a Licensing Market for Tattoos?
Take-Two Interactive Software, publisher of the popular video game series NBA 2K, scored a victory this past summer when it successfully dismissed a claim for statutory damages by Solid…
Final and Unappealable: Federal Circuit Will Not Review PTAB IPR Decisions
What is inter partes review? Inter partes review (IPR) is a new procedure under the America Invents Act (AIA) for challenging the validity of one or more claims of a…
Interview: Trial by Jury of Patent Cases Symposium
In this interview, Anne Hassett, the Executive Director of NYU School of Law’s Engelberg Center on Innovation Law & Policy, discusses her experience conceiving and bringing to fruition the Trial…