Articles

“Jones”ing for Privacy Mandate, Getting a Technology Fix – Doctrine to Follow

While the Jones Court held unanimously that the Government’s use of a GPS device to track Antoine Jones’s vehicle for twenty-eight days was a Fourth Amendment search, the Justices disagreed on the facts and rationale supporting the holding. Beyond the very narrow trespass-based search theory regulating the Government’s attachment of a GPS device to Jones’s

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Stephanie K. Pell, "Jones"ing for Privacy Mandate, Getting a Technology Fix - Doctrine to Follow, 14 N.C. J.L. & Tech. 489 (2013), available at http://ncjolt.org/wp-content/uploads/2013/06/13_Pell_Final_14.2.pdf.

Much Ado About Mosaics: How Original Principles Apply to Evolving Technology in US v. Jones

This Article argues that supporters and detractors of the concurring opinions in United States v. Jones have overemphasized the role of the “mosaic” or “aggregation” theory in the concurrences. This has led to a misreading of those opinions, an overly narrow view of the Justices’ privacy concerns, and an obscuring of two limiting principles that

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Priscilla J. Smith, Much Ado About Mosaics: How Original Principles Apply to Evolving Technology in US v. Jones, 14 N.C. J.L. & Tech. 557 (2013), available at http://ncjolt.org/wp-content/uploads/2013/06/14_Smith_Final_14.2.pdf.

Virtual Solutions of the Amended Children’s Online Privacy Protection Act (COPPA) Rule

Virtual K–12 education, roughly defined as electronically-mediated teaching and learning for children, has expanded dramatically in the past decade. In December 2012, the Federal Trade Commission approved its first amendments to its original Rule implementing the Children’s Online Privacy Protection Act. These changes aim to strengthen the regulation over website operators and application developers to

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David R. Hostetler & Seiko F. Okada, Recent Development, Virtual Solutions of the Amended Children's Online Privacy Protection Act (COPPA) Rule, N.C. J.L. & Tech. On. 167 (2013), available at http://ncjolt.org/wp-content/uploads/2013/06/Hostetler-Okada_Final.pdf.

The Highmark Fracture

Attorneys’ fees and sanctions awarded by trial courts in exceptional patent cases are routinely assessed in millions of dollars. The Federal Circuit is the sole appellate authority in patent cases and thus has the responsibility of reviewing these high-stakes determinations. In Highmark, Inc. v. Allcare Health Management Systems, Inc., a 2-1 majority fundamentally shifted the

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Kenneth Jennings, Recent Development, The Highmark Fracture, 14 N.C. J.L. & Tech. On. 301 (2013), available at http://ncjolt.org/wp-content/uploads/2013/06/Jennings_Final.pdf.

Saving Soles: The Limited Practical Application of Christian Louboutin v. Yves Saint Laurent

In 2011, the prominent women’s shoe designer Christian Louboutin took fashion competitor Yves Saint Laurent to court to protect a trademark of Louboutin’s red-lacquered shoe sole design. To the industry’s surprise, the district court ruled that an entity in the fashion industry could never trademark a single-color feature because the use of a single color

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Kaitlin Powers, Recent Development, Saving Soles: The Limited Practical Application of Christian Louboutin v. Yves Saint Laurent, 14 N.C. J.L. & Tech. On. 335 (2013), available at http://ncjolt.org/wp-content/uploads/2013/06/Powers_Final.pdf.

Stealing Glances: Electronic Communications Privacy and the Necessity for New Legislation in the Digital Age

Electronic communication technology has seamlessly woven itself into the fabric of individuals’ daily lives. Technology’s rapid evolution and continuous advancement has made it possible for more people to enjoy access to devices that facilitate electronic communications. Technology’s progression, however, is starkly contrasted against the law’s inability to keep pace. Garcia v. City of Laredo highlights

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Laura Arredondo-Santisteban, Recent Development, Stealing Glances: Electronic Communications Privacy and the Necessity for New Legislation in the Digital Age, 14 N.C. J.L. & Tech. On. 205 (2013), available at http://ncjolt.org/wp-content/uploads/2013/06/Arredondo_Final.pdf.

Human Embryonic Stem Cells: Will Sherley v. Sebelius Expand the Definition of the Disabled Individual?

The D.C. Circuit decided Sherley v. Sebelius in favor of the National Institute of Health by holding that federal funding can be applied to human embryonic stem cell research. This decision will allow scientists to make strides in research, and it could allow for scientists to quickly characterize genetic abnormalities that predispose humans to develop

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Tasneem Dharamsi, Recent Development, Human Embryonic Stem Cells: Will Sherley v. Sebelius Expand the Definition of the Disabled Individual?, 14 N.C. J.L. & Tech. On. 239 (2013), available at http://ncjolt.org/wp-content/uploads/2013/06/Dharamsi_Final.pdf.

Motivating the Person of Ordinary Skill in the Art: Eli Lilly and Co. et al. v. Teva Parenteral Med., Inc. and The Federal Circuit’s Interpretation of the “Teaching, Suggestion, Or Motivation” Test in Obviousness-Type Double Patenting

Intellectual property law dictates that there can only be one patent per invention, and this patent can only remain in effect for a limited time. However, patent holders sometimes try to avoid this restriction by patenting a similar invention to the previously claimed art under the guise of being a new invention. In the pharmaceutical

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Lev D. Gabrilovich, Recent Development, Motivating the Person of Ordinary Skill in the Art: Eli Lilly and Co. et al. v. Teva Parenteral Med., Inc. and The Federal Circuit's Interpretation of the “Teaching, Suggestion, Or Motivation” Test in Obviousness-Type Double Patenting, 14 N.C. J.L. & Tech. On. 271 (2013), available at http://ncjolt.org/wp-content/uploads/2013/06/Gabrilovich_Final.pdf.

In Re K-Dur Antitrust Litigation: Pharmaceutical Reverse Payment Settlements Go Beyond the “Scope of the Patent”

Reverse payment settlements occur in patent infringement suits by innovative drug manufacturers against potential generic manufacturers under the Hatch-Waxman Act, where the innovator pays the generic and the latter agrees to delay market entry. Three circuit courts have endorsed such settlements under the “scope of the patent” (“SOP”) test. In In re K-Dur Antitrust Litigation,

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Seiko F. Okada, In Re K-Dur Antitrust Litigation: Pharmaceutical Reverse Payment Settlements Go Beyond the “Scope of the Patent”, 14 N.C. J.L. & Tech. 303 (2012), available at http://ncjolt.org/wp-content/uploads/2013/01/15_Okada_Final.pdf.

Revisiting the “Anonymous Speaker Privilege”

 Over the past few years federal and many state courts have generally adopted a new discovery privilege. This privilege protects against the disclosure of the identity of a “John Doe” defendant whose anonymous online speech has given rise to a claim of defamation, copyright infringement, or other civil wrongdoing. The privilege can be overcome, but

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Marian K. Riedy & Kim Sperduto, Revisiting the “Anonymous Speaker Privilege”, 14 N.C. J.L. & Tech. 249 (2012), available at http://ncjolt.org/wp-content/uploads/2013/01/14_Riedy_Final.pdf

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