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

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

Murphy v. NCAA: The Fall of PASPA and the Rise of Sports Gambling

With the recent Supreme Court Decision in Murphy v. NCAA, 138 S. Ct. 1461 (2018), the state of sports gambling is in flux. Like many other forms of prohibition, the Professional and Amateur Sports Protection Act (PASPA), the 1992 federal statute that prohibited the state authorization of sports gambling, was largely ineffective in curtailing the illegal market. While the exact amount is unclear, estimates put the amount of money illegally wagered on sports.. Read More

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