Patents as Property for the Takings
Robin Feldman * Download a PDF version of this article here. The Fifth Amendment’s Compensation Clause contains only a few simple words: “nor shall private property be taken for public…
Preventing Preemption: Promise of the Nonobviousness Requirement
Ananya Pillutla* Download a PDF version of this article here. Preemption is a foundational concern of the patent system. Preemption occurs when a patent improperly claims a fundamental scientific or…
Patenting Psychedelic Drugs
Research and investment in psychedelic drugs have exploded in recent years. Clinical trials have shown promising results using long-stigmatized drugs like psilocybin (found in magic mushrooms), LSD, and MDMA to treat various mental-health…
Can AI be a Patent Inventor?
Artificial intelligence (AI) is a field of technology that leverages computer science and data science to enable problem solving. AI programs can synthesize a variety of inputs to make decisions…
Can the U.S. Government Use Patents to Address the Coronavirus?
Last semester I worked with NYU Law’s Technology Law and Policy Clinic to publish a Guide to Government Patent Use under 28 U.S.C. § 1498. The Guide explains how, with…
We Can Still Buy Nintendo Switch in the U.S.
With the COVID-19 pandemic, the business of the video gaming industry has grown more than ever. The global videogame revenue was expected to surge 20% to $179.7 billion in 2020,…
Will Arthrex Blow Up The PTAB?
In the pending Supreme Court case, United States v. Arthrex, Inc., two main issues are presented before the Court. One, whether the administrative patent judges (“APJs”) of the Patent Trial…
We Are In The Quantum Realm
Over the course of the pandemic, I’ve watched and re-watched more shows and movies than anyone would recommend (but honestly, who hasn’t). During these binges, I’ve managed to re-watch every…
What Questions Should Courts Ask When Applying Step One of the Alice Framework?
Following Mayo Collaborative Servs. v. Prometheus Labs, Inc., 566 U.S. 66 (2012), the Supreme Court set forth the Alice framework—a two-step inquiry—to determine patent eligibility. Alice Corp. v. CLS Bank…
Contact Tracing Apps Using Bluetooth Technology: Data Privacy Concerns and Potential Patent Infringement Claims
2020 has surely been a year for the books amidst a global pandemic and complete chaos. While most of us have spent a good portion of the year adjusting to…