Patent Eligibility of Molecules: “Product of Nature” Doctrine After Myriad
In March 2010, the U.S. District Court in the Southern District of New York held in the Myriad case that patent claims directed to isolated DNA molecules were invalid under…
What Are the Constitutional Limits on Awards of Statutory Damages?
Music piracy is a major problem in this country, robbing the economy of billions each year. Andrew Berger argues that, if piracy is to end, large verdicts of the kind…
Substantial Disparity: Copyright Chaos in the Second Circuit
The test for substantial similarity is a doctrinal mess. In response, recent commentators have called for the inclusion of expert testimony at this stage of an infringement analysis. Graham Ballou,…
Fasten Your Seatbelts, It’s Going to Be a Bumpy Night: The Implications of Recent Delaware Case Law on the Film Industry
Recently, the Court of Chancery in eBay v. Newmark doubted the ability of firms to cite a threat to corporate culture as legitimate grounds for implementing a takeover defense. Just over a…
How to Protect Against a Licensing Partner’s Bankruptcy: Patent Licenses and the Bankruptcy Code
Since the financial crisis of 2008, many contractual partners who formerly looked rock solid have experienced major cash-flow problems. In addition, it has always been the case that in some…
Student Speech in Online Social Networking Sites: Where to Draw the Line
Do Facebook, Twitter, and MySpace require courts to Tinker with the Supreme Court’s student speech trilogy of Tinker to Bethel to Morse?Michael J. Kasdan examines the struggle to define the proper place of so-called “student internet speech.”
Regulating the Film Industry in China: A New Approach
For U.S. filmmakers, the People’s Republic of China represents a prodigious market opportunity. Yet, true exploitation of the market is simply chimerical due to an obstinate web of import quotas,…
Student-Athletes and the NCAA: Playing by the Rules
When student-athletes seek representation or advisement to evaluate post-collegiate playing opportunities, their eligibility may be in jeopardy. Steven Olenick suggests a checks and balance system to truly evaluate post-collegiate playing opportunities for…
Contributory Liability for Trademark Counterfeiting in an Ecommerce World
Scott Gelin and G Roxanne Elings analyze the current standard of contributory liability in the wake of Tiffany (NJ) Inc. v. eBay, in which the Second Circuit affirmed the Southern District’s finding that eBay…
Using Clean Hands to Justify Unclean Hands: How the Emergency Exception Provision of the SCA Misapplies an Already Controversial Doctrine
While the government’s encouragement—and even reliance—on third-party monitoring of citizens is not a new phenomenon, the emergency exception to the SCA adopted in the Patriot Act oversteps constitutional bounds by…