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…
Do Patents Incentivize University Researchers? (Spoiler—Not Really)
Professor Lisa L. Ouellettea at Stanford Law recently published an article titled “How Do Patent Incentives Affect University Researchers?,” and it prompted me to reflect back on my experiences with…
Should Patent Infringement be Criminal?
Magdalena Christoforou is a J.D. Candidate, 2021 at NYU School of Law. In 2009, British inventor, Trevor Baylis urged the UK government to make patent infringement a criminal offense. His…
A Return to Normal: The Helsinn Decision and the Rejection of Secret Sales
Eric M. Pecci is a J.D. candidate, 2021 at NYU School of Law. On January 22, 2019, the Supreme Court decided a case that, despite confirming law that had been…
Under the Shadow of a Pandemic: Fair Use in Patent Law
Lvxiao Chen is a J.D. candidate, 2021 at NYU School of Law. As the COVID-19 pandemic sweeps through the world, many hard-hit countries, like the United States and Italy, are…
IP Issues Under the Coronavirus: Framing the Relevant Issues and Questions
Siyu Yan is an L.L.M. candidate, 2020 at NYU School of Law. Since the beginning of 2020, we have experienced an outbreak of Coronavirus around the world. Some regions or…
Propeller Shafts Are Laws of Nature…?
Jerrit Yang is a J.D. candidate, 2021 at NYU School of Law. In October 2019, the Federal Circuit added to the very confusing mess of § 101 of the…