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Supreme Court to Hear Case on AIA “Secret Sales.”

What is the America Invents Act (AIA)? The path to patentability has many obstacles, and inventors’ own actions sometimes stand in the way of the U.S. Patent and Trademark Office (USPTO) granting a patent for their invention. In determining patentability, the USPTO compares a proposed invention to prior art—relevant existing inventions. The Smith-Leahy America Invents Act (AIA) was enacted in 2011, shifting the patent process from a “first to invent” to a “first.. Read More

Biometric Facial Recognition for Unlocking iPhone – Does it Violate the Fifth Amendment?

With the overwhelming numbers of criminal mischief, the government seems to seek resourceful leeway that may lead to the findings of valuable evidence in an investigation. Among all feasible scenarios,  there is a possibility for the law enforcer to request access to the criminal offender’s cell phone locked with latest facial biometrics technology, including the technology of Face ID introduced by Apple. Apple’s explains that Face ID revolutionizes authentication by utilizing the advanced.. Read More

The Future of Biometric Data Privacy Law and BIPA

Biometric Technology Industry Biometrics encompasses a wide variety of technologies, which aim to identify a person’s identity based on unique, unchanging physical or behavioral characteristics. Biometric technologies include fingerprint recognition, voice identification, facial recognition, DNA matching, and signature recognition. Though biometric technology has been utilized for hundreds of years, there has been rapid technological innovation in the biometric field in recent years. Biometric technologies have become more mainstream in our modern society being.. Read More

1MDB Scandal and How It Demonstrates the Need for Greater Anti-Money Laundering Protections in the Art Industry

With legislation that would extend the Bank Secrecy Act (“BSA”) to dealers in art and antiques being contemplated by Congress, it is important to highlight to dangers money laundering poses to the art market. The Illicit Art and Antiques Trafficking Prevention Act (HR 5886) (“Act”), proposed in Congress in May, would apply the BSA to the art market with the aim of deterring money laundering in the industry. The Act would require U.S… Read More

Pokémon Go’s Virtual Trespass Suit Reaches Settlement Agreement

Can a video game company be held liable for placing virtual items on private property? The answer is – maybe. On February 14, 2019, the developer of the mobile game Pokémon Go, Niantic, reached a settlement agreement with class action plaintiffs who alleged that the game caused players to trespass and create nuisance on private properties. For those unfamiliar with the game, Pokémon Go is an “augmented reality” game where the fictional game.. Read More

Copyright Strikes as a Tool for Censorship, Bullying, Extortion

With the advent and then explosion of consumer internet access in the 1990s, a concomitant threat of massive, anonymous, and difficult-to-trace copyright infringement also arose. Congress faced significant pressure from two major industries: traditional media producers and internet service providers. Traditional media producers feared the practical death of their intellectual property through unstoppable and untraceable internet file-sharing, while internet service providers feared endless lawsuits for the infringing activities of their users. Congress responded.. Read More

Why Public Figures Should Receive Heightened Defamation Law Protection

At common law, defamation actions were meant to compensate individuals for any harm to reputation they suffered as a result of any defamatory communications made by speakers to third parties. This standard was generally protective of plaintiffs’ reputational interests rather than defendants’ free speech interests. Once a plaintiff made out his prima facie case, it was up to the defendant to raise certain defenses or privileges, such as truth or the litigation privilege… Read More

Kessler v. Duffer: A Conspiracy Theory and the Origin of Stranger Things

The success and mass cultural appeal of Netflix’s Stranger Things is in part due to the way in which it incorporates familiar story tropes and cinematic techniques to create a show that feels simultaneously fresh and nostalgic. While the influence of cultural giants like Steven Spielberg and Stephen King is obvious, at least one man feels that the show’s creators, brothers Matt and Ross Duffer, took more from him than mere inspiration.            .. Read More

What Does EU’s New Copyright Law Mean for Online Service Providers?

A new copyright directive approved by the European Union on February 13 might fundamentally change the landscape for online service providers (OSPs). While the bill still awaits confirmation from European Parliament, once formally approved, it will compel OSPs to either obtain licenses or affirmatively screen for uploads of copyrighted materials. Article 11 and Article 13 are the most controversial provisions in the new directive. According to the final text (compiled by Member of.. Read More

Oracle v. Google and the Brain Teaser of API Copyright Protection

Since the beginning of the digital revolution, copyright law has had to adapt to the advent of new technologies and their impact on the world of creation. Software protection, mainly, raised a lot of issues that still fuel the judicial debate. Indeed, while it is well established that software can be copyrighted as literary works, the extent of the protection keeps on raising questions. In early cases, courts recognized the copyrightability of original.. Read More