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Oil States: SCOTUS Preserves IPR Status Quo

On April 24, 2018, the Supreme Court of the United States, in a 7-2 majority, decided Oil States Energy Services v. Greene’s Energy Group, holding that Inter Partes Review (IPR) proceedings do not violate Article III or the Seventh Amendment. Article III vests the “judicial power of the United States” in the Article III courts. In holding that IPR does not violate Article III, the Court construed the grant of a patent as.. Read More

Data Privacy and Children

The topic of data privacy and information security is continually highlighted as one of the preeminent challenges of a rapidly advancing society. Issues of privacy and security are often seen challenging our current legal and technical capacity to control them, raising questions of risk, responsibility, and governance. This post discusses the challenge of data privacy from the oft forgotten lens of children as they increasingly participate in a data driven society at younger.. Read More

Post-GDPR: Will the U.S. Implement a Comprehensive Data Privacy Law?

On May 25, 2018, the European Union began to enforce its General Data Protection Regulation (GDPR), which aims to comprehensively protect data privacy by addressing how companies collect, store, and process personal data. The GDPR was adopted by the European Parliament and European Council in April 2016, following over four years of discussions regarding how to structure the complex law. The two-year delay in enforcement was primarily to allow businesses time to comply.. Read More

Enhancement or Replacement: The Advent of AI and the Future of the Legal Field

Artificial Intelligence (AI) is a broad term, used to describe how computers can mimic certain operations of the human mind. Upon hearing the term, many people had vaguely pictured sci-fi inspired images of machine-ruled futures and humanoid robots. As Google DeepMind’s AlphaGo program triumphed against South Korean Go grandmaster Lee Sedol in 2016, however, the neutral networks and machine learning techniques of AI were brought into public attention. A “neural network” is a.. Read More

Star Athletica and the Future of Design Litigation

For decades, the fashion industry has gone without the rigorous copyright protections that other creative industries have enjoyed. That may be rapidly changing. Historically, copyright law has provided little protection to clothing designs. This has led to a thriving, and perfectly legal, market for knock-offs. This is because unlike paintings, movies, songs, or sculptures, clothing designs have long been considered too utilitarian to fit naturally under copyright law – a legal regime built.. Read More

Serova v. Sony Music Entertainment: Anti-SLAPP Motions and Unfair Competition Law

On August 30, 2018, Sony Music Group (Sony) and Michael Jackson’s estate (Estate) were handed a big win against a class of consumers who had purchased Michael Jackson’s posthumous self-titled album and filed suit against the label and Estate under California’s Unfair Competition Law (“UCL”). The Court of Appeal of California ruled Sony and the Estate’s anti-SLAPP motion to strike was improperly denied by the trial court. (Serova v. Sony Music Entm’t, 26.. Read More

Palin v. New York Times Company: A Potential Change to Defamation Law and Freedom of the Press

The Supreme Court has consistently recognized a profound national commitment to a free press and the “principle that debate on public issues should be uninhibited, robust, and wide-open.” New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964). Nevertheless, the freedom of the press is subject to certain restrictions, including, notably, defamation law. A recent federal defamation suit filed by Sarah Palin against The New York Times in June 2017, Palin v… Read More

Richard Prince, Copyright, and Appropriation Art: A Personal Perspective on Graham v. Prince , 265 F.Supp.3d 366 (S.D.N.Y. 2017)

The purpose of Copyright Law as enumerated by the United States Constitution is to “promote the progress of Science and useful Arts.” Artistic works are protected by copyright so that artists will be incentivized to keep creating. Appropriation art is a style in which the artist takes an existing object and uses it with little to no transformation. Appropriation art seems antithetical to copyright’s original purpose because there is a lesser incentive to.. Read More

Copyright Office Review Board Denies Copyright Registration for Two Corporate Logos

Despite the growing pressure on corporations and organizations to strengthen legal protection of their corporate logos, their attempts to enlarge the utility of copyright law for this purpose have proven futile. Two recent decisions by the Copyright Office Review Board (“CORB”) are particularly illustrative. The first decision concerns the Union des Associations Européennes de Football’s (“UEFA”) “Starball” logo. Comprising a pattern of black stars and white polygons that are “warped” within a white.. Read More

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 ago, the process consumed unsustainably large amounts unlucky graduate students’ time and effort.  In 2012, a groundbreaking paper from the group led by Dr. Jennifer Doudna at the University of California demonstrated that the bacterial immune protein CRISPR Cas-9 could revolutionize gene editing… Read More