Not the Breast Outcome for Myriad Genetics

The United States and Australia share some pretty significant legal differences. For example, rigid gun control laws in Australia compared to the constitutional right to bear arms in the United States, the right to gay marriage in the United States compared to Australia’s archaic position that love should exist only between a man and a woman (seriously?) and the fact that a claimant may be entitled to punitive damages in the United States,.. Read More

What It Takes to Break the Internet

In November of 2014, Kim Kardashian posted two photographs to Instagram sourced from her cover shoot for the winter 2014 issue of Paper magazine. One photo displays Kardashian peering over her shoulder as she slips her sparkly black evening gown beneath her entirely nude, albeit heavily oiled, posterior. The caption reads: “#BreakTheInternet.” The Kardashian photograph quickly stirred conversation, inspiring many social media users to post their own images. For example, comedian Chelsea Handler.. Read More

Let’s Be Reasonable! In re Cuozzo & PTAB’s Broadest Reasonable Interpretation

Cuozzo is a name that, strangely enough, reminds me of pizza. It must be the two z’s. Unfortunately, the two are unrelated even through a broadest reasonable interpretation (bad patent law pun intended). In re Cuozzo was a case decided by the United States Court of Appeals for the Federal Circuit in February 2015 but during July 2015, in almost a direct split of 6-5, the Federal Circuit rejected Cuozzo Speed Technology LLC’s petition.. Read More

Fashion Copyright and the Muddle of the Useful Articles Doctrine

“The law in this area is a mess—and it has been for a long time.” Such was the dissent’s blunt assessment of the state of copyright law as applied to garment design in Varsity Brands v. Star Athletica a recent 6th Circuit case dealing with the copyrightability of the patterns on cheerleader uniforms. With respect to its eligibility for protection under copyright law, and in contrast to the much broader protections available under.. Read More

Toy Story 3D

Toy companies nationwide have begun to take note of a new threat: 3D printing. With the advent and development of 3D printing technology, scholars and businesses fear that the toy industry may suffer a similar fate to the music industry. The detrimental impact that illegal song downloading had on music companies could conceivably be repeated if mass production of illegally copied toys becomes rampant. A booming 3D printing marketplace could effectively provide toys.. Read More

The Momentum in Tech For a Collaborative Approach to Patent Litigation

Two of the largest tech companies in the world, Google and Microsoft, announced at the end of last month that they had reached agreement to drop 20 pending patent lawsuits between them, marking an end to five years of litigation in the US and Germany. Although the companies’ joint statement did not disclose financial terms as part of the agreement, they said that “Google and Microsoft have agreed to collaborate on certain patent.. Read More

Hedge Funds and Inter Partes Review: Robin Hood or Troll?

For many, the term hedge fund does not bring pleasant thoughts to mind. These investment vehicles, typically reserved for wealthy and sophisticated investors, gained their name from the hedging techniques used by the first of the funds to take advantage of market arbitrage opportunities. Hedge funds have since diversified and now employ a wide variety of investment strategies, but they still share a common trait — they seek out market opportunities that will.. Read More

Uber Stole My Idea! An Overview of Kevin Halpern v. Uber Technologies

Uber Technologies Inc. has had, and continues to have, its fair share of legal problems. Recently, two women have filed a lawsuit claiming they were sexually assaulted by Uber drivers. Additionally, a federal judge recently ordered Uber to turn over any information that suggests that a competitor, and not hackers, were responsible for a data breach that potentially compromised the personal information of 50,000 Uber drivers. Furthermore, Uber plans on appealing a federal.. Read More

A Mark for All Languages: The Doctrine of Foreign Equivalents in Trademark Law

What do Ugg boots, Chupa Chups lollipops, and the Tang Soo Karate School in Dickson City, Pennsylvania have in common? Probably not much, except that each has faced a lawsuit involving the registration of its foreign-language trademarks. The review of non-English words in trademark applications holds increasingly significant importance in today’s global economy. Unfortunately, however, courts have struggled to apply consistently the controversial doctrine of foreign equivalents. A Brief Background The basis for.. Read More

Courts Should Swipe Left on the Online Dating Patent

Trends have shown that Americans are turning to the internet to pursue new dating prospects, with online dating rates at an all-time high.  However, a recently settled lawsuit against an online dating app has caused controversy in the world of intellectual property, and despite the settlement, the case could have potentially far-reaching effects for online dating in general.  Spark Networks, a parent company that owns a variety of Jewish-targeted matchmaking platforms including the.. Read More