The Federal Circuit Weighs in on CRISPR
Gene editing was once quite difficult. Though it was not impossible to insert a new sequence of DNA into a bacterium and measure the effects, as recently as a decade…
JIPEL Vol. 7, No. 2 – Spring 2017
The NYU Journal of Intellectual Property and Entertainment Law is proud to present Volume 7 Issue 2 of the Journal. While PDFs of the individual articles may be found accompanying…
A Judicial ‘Supplement’ to Advertising Law: The Fourth Circuit’s GNC Decision and Policy Implications for the Dietary Supplement Industry
In Brown v. GNC Corp., the Fourth Circuit offered a novel solution to the truth-in-advertising dilemma that plagued the dietary supplement industry. Plaintiffs alleged that claims made in connection with…
Think Big! The Need for Patent Rights in the Era of Big Data and Machine Learning
From personalized medical diagnostics to election prediction, recent advancements in machine learning enables unprecedented, powerful applications of big data. Machine learning users can extract insights hidden in massive amounts of…
The ‘Enhanced No Economic Sense’ Test: Experimenting with Predatory Innovation
This paper originates from a long-standing anachronism of antitrust law with regard to high-tech markets. Conventional wisdom assumes that antitrust law mechanisms are well suited to the study of practices…
The Hybrid Trademark and Free Speech Right Forged From Matal v. Tam
This article provides an analysis of the potential ramifications of the 2017 U.S. Supreme Court case, Matal v. Tam, which has forged a hybrid trademark and free speech right. In…
Williams v. Gaye Rules that Blurred Lines Infringes on the Copyright in “Got to Give it Up”
On Wednesday, March 21, 2018, the Ninth Circuit ruled that the song hit song, Blurred Lines by artists, Pharell Williams, Robin Thicke and Clifford Harris Jr, infringed on the copyright…
Anderson Corp. v. GED Integrated Sol., Inc.: The Future of AIA Derivation Proceedings
Under the pre-AIA first-to-invent regime, interference proceedings were available to contest which of two (or more) parties invented the claimed subject matter first. With the AIA’s shift to a first-to-file…
YouTube’s Demonetization Debate: How Smaller YouTubers are Disproportionately Affected
I have been vaguely aware of YouTube’s practice of “demonetization” for some time, that which has something to do with ad revenues. However, it wasn’t until a recent tragedy at…
Machine Learning, Blockchain and an Inefficient Patent System
The digitalization of information and the implementation of computer-based processes in society has fundamentally changed how humans interact with the world and one another. Now, almost everyone in the US…