' MTTLR | Michigan Telecommunications and Technology Law Review

Recent Articles

Antitrust Overreach: Undoing Cooperative Standardization in the Digital Economy

By  Jonathan M. Barnett
Article, Spring 2019
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Bank On We The People: Why and How Public Engagement Is Relevant to Biobanking

By  Chao-Tien Chang
Article, Spring 2019
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Cryptocurrency and the Myth of the Trustless Transaction

By  Rebecca M. Bratspies
Article, Fall 2018
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Algorithmic Challenges to Autonomous Choice

By  Michal S. Gal
Article, Fall 2018
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Recent Notes

The Unified Patent Court and Patent Trolls In Europe

By  Jonathon I. Tietz
Note, Spring 2019
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The Secrets We Keep... : Encryption and the Struggle for Software Vulnerability Disclosure Reform

By  Ian Williams
Note, Fall 2018
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Forum Shopping in Patent Cases: Lessons for the Unified Patent Court

By  Brian Jacobsmeyer
Note, Fall 2018
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Blog Posts

Stretched Beyond the Breaking Point: The CFAA and iPhone Batteries

Did Apple hack users’ devices? That is the allegation in a class action lawsuit filed late last year. Specifically, the plaintiffs in In re Apple Inc. Device Performance Litig., 347 F. Supp. 3d 434, 451 (N.D. Cal. 2018) allege that Apple’s battery-slowing iOS updates violated a federal hacking statute, the Computer Fraud and Abuse Act (CFAA). This is the latest effort to stretch a broad, vague, and inconsistently-enforced law to cover new circumstances. This case illustrates the urgent need to write a statute that reflects today’s technological reality.

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Something Like Deference: PTAB and 1-Way Issue Preclusion

The patent law system currently has an interesting parallel track open for those seeking to oppose a patent. That parallel track runs through both litigation in the district courts and Inter Partes Review [IPR] at the Patent Trial and Appeals Board [PTAB], a part of the Patent and Trademark Office [PTO]. A little under one year ago, the Supreme Court decided Oil States Energy, in which it stated that IPRs were not unconstitutional.

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Enhanced CFIUS review represents one of the strongest tools in the U.S. arsenal against China in the ongoing U.S.-China trade war.

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