Recent Articles
The 'License as Tax' Fallacy
Article, Spring 2022
Unreasonable: A Strict Liability Solution to the FTC's Data Security Problem
Article, Spring 2022
The Ping-Pong Olympics of Antisuit Injunction in FRAND Litigation
Article, Spring 2022
Content Moderation Remedies
Article, Fall 2021
An Empirical Study: Willful Infringement & Enhanced Damages in Patent Law After Halo
Article, Fall 2021
Recent Notes
The Best Data Plan Is to Have a Game Plan: Obstacles and Solutions to Reaching International Data Privacy Agreements
Note, Spring 2022
Mental Health Mobile Apps and the Need to Update Federal Regulations to Protect Users
Note, Spring 2022
Blog Posts
Why Tesla Opened Its Patent Portfolio
On June 12, 2014, the CEO of Tesla Motors (Tesla), Elon Musk, posted an external memo entitled “All Our Patent Are Belong To You.” In short, the memo details why Tesla is opening up its patent portfolio to the market. The primary reason given for this drastic move...
Googling “Search Bias”: The Efforts of Antitrust Agencies to Even the Playing Field.
Google has been a target of antitrust allegations for nearly as long as it has existed. In recent years, agencies domestic and abroad have accused the tech giant of “search bias.” The charge of search bias—levied against Google by competitors and watchdogs—asserts...
Appellate Review of Markman Hearings
In Markman, the Supreme Court declared that determining the meaning of patent claims, i.e. “claim construction,” is a question to be decided by the court; the Seventh Amendment right to a jury trial does not apply. Markman v. Westview Instruments, Inc., 517 U.S. 370,...
Akamai and the Question on Joint Infringement on Method Claims in the Supreme Court
On April 30, 2014, the Supreme Court of the United States will hear opening arguments [1] for a landmark case found in patent law casebooks, Akamai Technologies, Inc. v. Limelight Networks, Inc., whereby the Federal Circuit, sitting en banc, held in a 6-5 ruling that...
Supreme Court to Rule on Patent Eligibility for Process Claims
Last month, the Supreme Court heard oral argument in Alice Corporation v. CLS Bank. Many hope the Court’s decision in this case will help clarify the patent eligibly standard for process claims – particularly those process claims that are computer implemented and/or...
Virtual Reality Technology Going Mainstream?
While the idea of virtual reality technology has been around for decades, it has yet to make any substantial progress. The roots for virtual reality reach back to the late 1950s when the idea emerged to use computers as tools for digital display rather than just fancy...