Michael Rothwell previously published an article, Patents and Public Rights: The Questionable Constitutionality of Patents Before Article I Tribunals After Stern v. Marshall, in JOLT’s Volume 13, back in 2012. In response to a rebuttal piece, Michael Rothwell wrote this current piece to further discuss the relevant issues of the constitutionality of Article I post-grant …
The financial technology field is a rapidly growing sector that threatens to disrupt established financial institutions and their accompanying regulatory structure. New types of financial services and products do not fit neatly into the current regulatory landscape, which has hampered growth and competition with traditional financial institutions. This article advances the idea that the Office …
The Food and Drug Administration (“FDA”), tasked with promoting and protecting public health, has long been recognized as the gatekeeper for drugs. However, the agency has not been immune from criticism from patients and industry stakeholders over its time-consuming and clinical data-driven approval processes, alleged to hinder potentially effective drugs from reaching the market as …
Technology’s ever-changing pace has left law enforcement officials with the job of finding legal ways to investigate and search suspected criminal activity. The advent of the Internet has left these officials with a challenging landscape to navigate regarding what is considered a search and what constitutes probable cause to obtain a search warrant based on …
With the rapid growth of technological innovations in today’s society, manufacturers are in constant competition with one another to produce the best looking and most distinct products on the consumer market. To prevent an inventor’s new and unique design from replication, Congress established the design patent to protect the appearance of any new, original, and …
On July 21, 2015, in light of emerging technology involving autonomous driving vehicles, the United States Senate proposed Senate Bill 1806, or the Security and Privacy in Your Car Act, to address issues surrounding these technologies. The “SPY Car Act” attempts to address issues surrounding cybersecurity, data privacy, and hacking of autonomous driving vehicles. The …
For nearly the past decade, Bitcoin has found itself in a state of non-regulation, ambiguous regulation, and conflicting regulation, with several interested agencies vying for effective regulation of an often misunderstood technology. Early run-ins with large-scale criminal enterprises in large part created the multi-directional regulatory attention Bitcoin “enjoys” today. Even while many businesses and individuals …
The United States Congress recently passed the U.S. Commercial Space Launch Competitiveness Act (“CSLCA”). Title IV of the Act ultimately recognized commercial property rights in resources extracted from extraterrestrial bodies. Consequently, the passage of such legislation has once again brought property rights in outer space to the forefront of legal discussion. Although some have said …
Today’s universities and colleges offer a multitude of programs focused on innovation, product development, and entrepreneurship. Students and faculty members are encouraged to create products that can be commercialized. 2 Universities nurture innovation and entrepreneurship in order to foster economic growth and create jobs in their communities and regions. They see entrepreneurship as a new …
Central Intelligence Agency Director, Leon Panetta, states in his Secretary of Defense confirmation testimony before the Senate Armed Services Committee that, “[t]he next Pearl Harbor that we confront could very well be a cyberattack that cripples America’s electrical grid and its security and financial systems.” Cyberattacks have become a daily threat to businesses, consumers, and all …
