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…
The Intellectual Property Legacy of Justice Ginsburg
On Friday, September 25, 2020, the legal world lost the iconic Justice Ruth Bader Ginsburg of the Supreme Court of the United States. Justice Ginsburg had a long and prolific…
Blackbeard, Piracy, and the Supreme Court: Allen v. Cooper and the future of state sovereign immunity from copyright infringement suits
Ryan McLeod is a J.D. candidate, 2021 at NYU School of Law. Piracy has finally reached the Supreme Court—and not only the modern kind. The Court’s recent decision in Allen…
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…
Booking.com: A Potential Run-Around to Trademark Law’s Decision Not to Allow Protection of Generic Terms
Francesca Masella is a J.D. candidate, 2021 at NYU School of Law. Trademark law serves to protect against consumer confusion as to the source of a product. It does so…
Obscene Online but Not Under the Law: How Facebook’s Nudity Policies Are Narrowing America’s Obscenity Standards
Lia Higgins is a J.D. Candidate, 2021 at the NYU School of Law In August 2019, the Paris civil court brought an end to a year-long battle between Parisian teacher,…
The Fight for Broadcast TV
Kevin Qiao is a J.D. Candidate, 2021 at NYU School of Law. Providing a major win to America’s major broadcast networks, the Supreme Court’s 6-3 decision in American Broadcast Cos.…
Draft Bill to Overhaul what is Eligible for a Patent
Magdalena Christoforou is a J.D. candidate, 2021 at NYU School of Law. On May 22, 2019, a bipartisan group of lawmakers unveiled a draft bill to rewrite the law on…
Genetic Privacy After Carpenter
In Carpenter v. United States, the Supreme Court tackles the issue of whether individuals still retain an expectation of privacy in their location information when they “share” that information with…
Scandal, Disrepute, and the Future of First Amendment Challenges to the Lanham Act
On April 15, Malcolm L. Stewart, Assistant Solicitor General of the United States, in keeping with a centuries-old tradition, wore a morning coat to argue before the Supreme Court of…