Articles

    Volume 20, Issue 2 - Fall 2016

  • Defending Breakthrough Innovation: The History and Future of State Patent Law

    Max Stul Oppenheimer

    In the summer of 2015 amidst the beginnings of the 2016 presidential campaign, historic Supreme Court decisions, and regular reports of protests, some might have missed the copyright angle to the Ashley Madison story. In fact, many may have missed the Ashley Madison story altogether. It is worth retelling, in brief, because it highlights the […]

  • Volume 20, Issue 1 - Spring 2016

  • The Price of Privacy: How Access to Digital Privacy Is Slowly Becoming Divided by Class

    Michael Rosenberg

    The Fourth Amendment’s Third Party Doctrine has recently been extended to cover a person’s interest in their digital information. This has allowed more data to become accessible to government agencies than ever before. Under this doctrine, as soon as digital information is provided to a third party (such as Google or Facebook), it is no […]

  • Copyright to the Rescue: Should Copyright Protect Privacy?

    Deidré A. Keller

    In the summer of 2015 amidst the beginnings of the 2016 presidential campaign, historic Supreme Court decisions, and regular reports of protests, some might have missed the copyright angle to the Ashley Madison story. In fact, many may have missed the Ashley Madison story altogether. It is worth retelling, in brief, because it highlights the […]

  • Volume 19, Issue 2 - Fall 2015

  • Attacking Analogies: The Need for Independent Standards for Mobile Privacy

    Matthew Whitten

    The impact of modern technology cannot be overstated; it has quickly impacted the lives of most Americans in a relatively short amount of time. In 2012, 78% of Americans reported owning a desktop or laptop computer. In 2014, 64% of Americans stated that they owned a smartphone. Of those surveyed, 44% of cell owners admitted […]

  • Volume 19, Issue 1 - Spring 2015

  • Coding Consent: The Merits of Antitrust Consent Decrees in the Tech Industry

    David Shelton

    Consent decrees are a power tool in the box of American antitrust regulators. The Department of Justice’s Antitrust Division finalized its first consent decree in 1906, and from the 1950s until the present, between 87% and 97% of the Antitrust Division’s cases have been resolved by consent decree. As the economy has developed to incorporate […]

  • Gaming the System: Invalidating Patents in Reexamination after Final Judgments in Litigation

    Jonathan Statman

    Congress enacted patent reexamination statutes in 1980 granting the United States Patent and Trademark Office (“PTO”) the power to review the validity of previously issued patents. Congress hoped to strengthen the presumption of validity for patents by granting the PTO a second opportunity to expunge erroneously issued patents. Additionally, Congress hoped that reexamination would provide […]

  • Volume 18, Issue 2 - Fall 2014

  • Minimizing the Costs of Patent Trolling

    Vincent R. Johnson

    It is widely argued that patent trolling is a serious legal problem that needs to be addressed, at least in the United States, where the practice is most prevalent. This paper argues that disclosure requirements and periodic reporting standards have important roles to play in minimizing the costs of patent trolling. This is true for […]

  • Volume 18, Issue 1 - Spring 2014

  • Omission by “Particular Transmission”: Preventing the Circumvention of the Transmit Clause

    Brad M. McBride

    As technology has advanced, the way we consume content has drastically changed. By operating a DVR, visiting networks’ websites, or using third-party services, an individual is capable of consuming a wide-variety of content at any time, from nearly any location. The current system strikes an amazing balance between allowing subscribers to consume content at their […]

  • Volume 17, Issue 2 - Fall 2013

  • The AIA 500 Expanded: The Effects of Patent Monetization Entities

    Robin Feldman, Tom Ewing, and Sara Jeruss

    Public attention is increasingly focused on the phenomenon of patent monetization entities. Known colloquially as “patent trolls,” these entities concentrate on generating income by licensing or litigating patents, rather than by producing an actual product. In an effort to better understand the nature of patent monetization, Congress directed the nonpartisan Government Accountability Office (“GAO”) to […]

  • Volume 17, Issue 1 - Spring 2013

  • The Unintended Consequences of Post-Grant Review of Patents

    Karen A. Lorang

    The 2011 Leahy-Smith America Invents Act (AIA) was heralded as a landmark patent reform that would improve patent quality, create jobs, and boost the economy. The law was broad in scope and made many important changes. The AIA was also remarkable for one change it did not make. Many recent high-profile patent controversies have centered […]