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JIPEL Vol. 7 – No. 2

Think Big! The Need for Patent Rights in the Era of Big Data and Machine Learning

May 13, 2018 Hyunjong Ryan Jin

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…

JIPEL Vol. 7 – No. 2

The ‘Enhanced No Economic Sense’ Test: Experimenting with Predatory Innovation

May 13, 2018 Thibault Schrepel

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…

JIPEL Vol. 7 – No. 2

The Hybrid Trademark and Free Speech Right Forged From Matal v. Tam

May 13, 2018 Timothy Hsieh

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…

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Williams v. Gaye Rules that Blurred Lines Infringes on the Copyright in “Got to Give it Up”

Apr 25, 2018 Jacob Golan

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…

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Anderson Corp. v. GED Integrated Sol., Inc.: The Future of AIA Derivation Proceedings

Apr 23, 2018 Jacob Golan

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…

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YouTube’s Demonetization Debate: How Smaller YouTubers are Disproportionately Affected

Apr 23, 2018 Jacob Golan

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…

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Machine Learning, Blockchain and an Inefficient Patent System

Apr 23, 2018 Jacob Golan

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…

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Is Using a Shared Netflix Password a Federal Crime?

Apr 23, 2018 Jacob Golan

Following the Ninth Circuit’s ruling in United States v. Nosal, 844 F.3d 1024 (9th Cir. 2016) (“Nosal II”), several commentators in the media queried whether using a borrowed password for…

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Life in the Fast Lane? The Death of Net Neutrality 

Apr 23, 2018 Jacob Golan

On Feb. 22nd, the Federal Communications Commission (FCC) published a new rule overturning net neutrality. Aptly named the “Restoring Internet Freedom” order, it directly repealed the previous “Open Internet Order”…

JIPEL Blog 2017-2018

How the Sausage Gets Made: The 2011 NFL Collective Bargaining Agreement

Apr 20, 2018 Staff Editor

This past year was a dramatic one for the NFL, and not solely because of the spectacular on-field play. On August 11, 2017, Dallas Cowboy’s running back Ezekiel Elliott, the…

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