Time to Wake Up: Comparing Statutory Proposals to Escape Alice’s Looking Glass

By changing the word “art” to “process” in the 1952 Patent Act, Congress introduced one of the first changes to the statutory language of PSM since Thomas Jefferson penned the original in 1793. Diamond v. Chakrabarty, 447 U.S. 303 at 309 (1980). Since then, patent-eligible subject matter under 35 U.S.C. § 101 has remained unaltered by Congress.   However, over 200 years of judicial interpretation led to the development of specially created judicial.. Read More

What Is a Stadium?

Earlier this year, the Atlanta Braves opened SunTrust Park. The development was more than just a new baseball stadium, but also sparked the creation of a 60-acre complex called The Battery Atlanta. The Battery is a mixed-use facility which, when completed, will include a 50,000-square foot entertainment venue, a 16-floor Omni Hotel, a nine-story office tower, as well as numerous restaurants, shops and apartments. This type of mixed-use facility is hardly new, as.. Read More

Eliminating Bail in New Jersey: A Look at the Impact of Technology on Criminal Justice Reform

As technology continues to invade different facets of society, the criminal justice system is no exception. There are many ways in which technology has led to change within the criminal justice system, and one particularly visible way is in the context of bail reform. Numerous jurisdictions have replaced or supplemented traditional money bail with an algorithm that calculates an individual’s risk to decide whether or not to release the accused. And nowhere has.. Read More

SCOTUS Decision in TC Heartland and Its Implications for Patent Venue

Background of the Case: Kraft brought a patent infringement suit against TC Heartland in the District of Delaware. Kraft is incorporated in Delaware and has its principal place of business in Illinois. TC Heartland is incorporated and headquartered in Indiana. TC Heartland sought to transfer the case to the Southern District of Indiana, invoking the patent infringement venue provision under 28 U.S.C. § 1400(b), which provides that “[a]ny civil action for patent infringement.. Read More

Why are the People Funding Billionaires’ Stadiums?

Over the past 27 years, the American taxpayer has paid more than two-thirds of the $21.7 billion spent towards financing stadiums and arenas of the four major professional sports. These contributions from state and local governments were not always the norm for stadium financing. Prior to 1953, the only stadiums that garnered public funding were those being used to attract the Olympic games. However, beginning in the early 1990s, due to a combination.. Read More

Gucci is Ghosting and Louis is Lunging: An Examination of Disparate Luxury IP Enforcement Strategies

These days it seems that nothing is safe from millennials. The running joke is that strengthened by their addiction to avocado toast, and with all of their free time due to unemployment, millennials have started a killing spree against wholesome staples like napkins, cereal, and “Breastaurants.” I will be focusing on the replies from one of the “murder victim” industries, luxury goods. While luxury brands have seen a market increase of 4% in.. Read More

When Teams Move Out

When a team relocation is announced, the move will mean heartbreak for some sports fans, but it also offers the opportunity to build for others. Former Cleveland Browns placekicker and offensive tackle Lou Groza compared his team’s relocation to a fire that “has just burned out. And all you’re left with is ashes.” Excitement or dismay aside, what do these moves mean for the teams’ intellectual property? Football In 1995, then-Browns owner Arthur.. Read More

COPYRIGHTABILITY OF FASHION DESIGNS: Legislative Suggestions for Taiwan’s Copyright Law

The debate over whether or not fashion designs should be protected by copyright law is in full swing in the United States. Several legislative attempts to pass a “fashion bill” to protect three-dimensional fashion designs in the United States have been launched. A similar issue in copyright law has emerged in Taiwan, where the copyright law does not protect the cut and shape of a three-dimensional fashion design, but only the pictorial and.. Read More

Teenagers throughout the world would tell you that sports video games have vastly improved over the last 20 years. Game controls have become more sophisticated, player movements have been refined, and depictions of sports venues have become infinitely more detailed. Yet, the most striking difference between the games of today and those of the mid-to-late 90’s are the depictions of the actual bodies of the players. The generic figures of early video games.. Read More

Copyrighting Fashion After Varsity Brands

This panel was part of a two-part series of the Annual Survey of American Law 2017 Symposium, entitled: “Copyrighting What We Wear: A Legal and Technological Restyling.” They will host their second event on April 3, 2017 focusing on copyrighting wearable technology. Cheerleading uniforms and color patterns took center stage as students and lawyers gathered in New York University School of Law’s Greenberg Lounge in February. A panel presented by the NYU Annual.. Read More