Proving Patent Damages is Getting Harder, but Establishing Patent Invalidity May Be Getting Easier – How i4i, L.P v. Microsoft Corp. May Change the Landscape of Patent Litigation

Volume 12, Online Edition (Jun 2012)

Federal court dockets are flooded with cases of patent infringement claims seeking substantial damages. Parties defending against these claims often argue the patent being asserted is invalid and should not have been issued. The case of i4i v. Microsoft is an excellent example of how evidentiary principles for proving damages and patent validity can affect

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Audra Dial & Betsy Neal, Proving Patent Damages is Getting Harder, but Establishing Patent Invalidity May Be Getting Easier - How i4i, L.P v. Microsoft Corp. May Change the Landscape of Patent Litigation, 12 N.C. J.L. & Tech. On. 119 (2011), http://ncjolt.org/wp-content/uploads/2016/09/22_12NCJLTech1192010-2011-1.pdf.

Patient Consent to Health Information Technology: Safeguarding Patients’ Records and Confidences

Volume 12, Online Edition (Jun 2012)

As the health care reform encourages more hospitals and physician networks to adopt electronic health record systems and more regional networks to develop, the federal and state governments will have the difficult task of safeguarding patients’ records and confidences. While the public health benefits of electronic health record systems are plentiful, concerns of privacy and

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Varsha Gadani, Recent Development, Patient Consent to Health Information Technology: Safeguarding Patients’ Records and Confidences , 12 N.C. J.L. & Tech. On. 97 (2010), http://ncjolt.org/wp-content/uploads/2016/09/21_12NCJLTech972010-2011-1.pdf.

Sherley v. Sebelius: A Call to Congress to Explicitly Support Medical Research on Human Embryonic Stem Cells

Volume 12, Online Edition (Jun 2012)

Progressive biomedical research is the key to developing new and effective treatments for many of the diseases and conditions that afflict our society. The scientific community is in agreement that human embryonic stem cell research is a field that holds great promise. The recent federal district court opinion in Sherley v. Sebelius threatens to derail

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Layla Cummings, Recent Development, Sherley v. Sebelius: A Call to Congress to Explicitly Support Medical Research on Human Embryonic Stem Cells, 12 N.C. J.L. & Tech. On. 77 (2010), http://ncjolt.org/wp-content/uploads/2016/09/20_12NCJLTech772010-2011-1.pdf.

Climbing in Our Windows & Snatching Our Likenesses Up: Viral Videos & The Scope of the Right of Publicity on the Internet

Volume 12, Online Edition (Jun 2012)

Modern technologies, including digital cameras and mediasharing, Web sites have made it possible for anyone to upload anything at any time and rapidly transmit this content to a worldwide audience. This digital environment fosters the creation of instant Internet celebrities via viral videos. The stars of these videos, such as “Bed Intruder’”s Antoine Dodson, are

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Lorelle Babwah, Recent Development, Climbing in Our Windows & Snatching Our Likenesses Up: Viral Videos & The Scope of the Right of Publicity on the Internet, 12 N.C. J.L. & Tech. On. 57 (2010), http://ncjolt.org/wp-content/uploads/2016/09/19_12NCJLTech572010-2011-1.pdf.

eBay Becomes a Girl’s New Best Friend as The Second Circuit Sidesteps The Nominative Fair Use Doctrine, Leaving Tiffany To Police Counterfeits In The Online Marketplace

Volume 12, Online Edition (Jun 2012)

This article examines the recent Second Circuit decision of Tiffany v. eBay and the effect it has on the nominative fair use doctrine. The Second Circuit was the first circuit to consider the doctrine of nominative fair use in the online marketplace. However, the Second Circuit failed to expressly recognize the doctrine, likely due in

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Lisa Williford Arthur, Recent Development, eBay Becomes a Girl's New Best Friend as The Second Circuit Sidesteps The Nominative Fair Use Doctrine, Leaving Tiffany To Police Counterfeits In The Online Marketplace, 12 N.C. J.L. & Tech. On. 29 (2010), http://ncjolt.org/wp-content/uploads/2016/09/18_12NCJLTech292010-2011-1.pdf.

New Rules, Different Risk: The Changing Freedom to Operate Analysis for Biotechnology

Volume 11, Online Edition (Jun 2012)

Patent protection has evolved since the inception of the Federal Circuit in 1982. Mandated to unify the fractured application of the patent laws, the Federal Circuit initially set out to reinforce the protections guaranteed to patented inventions. For the first couple of decades the Federal Circuit succeeded in strengthening the patent system. Recently however there

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Dov Greenbaum, New Rules, Different Risk: The Changing Freedom to Operate Analysis for Biotechnology, 11 N.C. J.L. & Tech. On. 139 (2010), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Greenbaum.pdf.

The United States Cyber Command: International Restrictions vs. Manifest Destiny

Volume 12, Online Edition (Jun 2012)

At this time, it is not in the best interest of the United States to adopt, join, or participate in any international treaty resembling a cyberspace extension of the existing “conventional” international laws of warfare. With the activation of the United States Cyber Command, the United States has begun to take the necessary steps to

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Tod M. Leaven & Christopher E. Dodge, The United States Cyber Command: International Restrictions vs. Manifest Destiny, 12 N.C. J.L. & Tech. On. 1 (2010), http://ncjolt.org/wp-content/uploads/2016/09/17_12NCJLTech12010-2011-1.pdf.

Spring Training for Electronic Search: Examining U.S. v. Comprehensive Drug Testing Inc. with regards to Evolving Trends in Computing

Volume 11, Online Edition (Jun 2012)

This Recent Development discusses the framework for electronic search that was laid out by the Ninth Circuit in U.S. v. Comprehensive Drug Testing, Inc. Though the Ninth Circuit’s framework has positive elements, the framework is fatally flawed because it does not account for the rapid evolution of computing technologies and does not account for recent

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John T. Kivus, Spring Training for Electronic Search: Examining U.S. v. Comprehensive Drug Testing Inc. with regards to Evolving Trends in Computing, 11 N.C. J.L. & Tech. On. 115 (2009), available at http://ncjolt.org/wp-content/uploads/2012/11/V11_On_Kivus.pdf.

H.R. 2068: Expansion of Quality or Quantity in Telemedicine in the Rural Trenches of America?

Volume 11, Online Edition (Jun 2012)

Technology changed the practice of medicine enabling telemedicine, the practice of medicine distantly through telecommunication systems. Telemedicine enables citizens living in rural communities throughout the United States to better access healthcare and medical services. House Bill 2068, introduced in April 2009, calls for further expansion of generalized and specialized telemedicine in rural communities for those

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Lindsey T. Goehring, Recent Development, H.R. 2068: Expansion of Quality or Quantity in Telemedicine in the Rural Trenches of America?, 11 N.C. J.L. & Tech. On. 99 (2009), http://ncjolt.org/wp-content/uploads/2016/09/33_11NCJLTech992009-2010.pdf.

“We Can Work It Out:” A Chance to Level the Playing Field for Radio Broadcasters

Volume 11, Online Edition (Jun 2012)

The music industry has changed dramatically during the last fifteen years. In particular, the rise of digital broadcasting illustrates the great disparity that currently exists in the royalty rate scheme for the radio broadcast industry. The current scheme dictates that Internet, satellite, and cable radio broadcasters pay royalties to both the song composer and the

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Cassondra C. Anderson, Recent Development, “We Can Work It Out:” A Chance to Level the Playing Field for Radio Broadcasters, 11 N.C. J.L. & Tech. On. 72 (2009), http://ncjolt.org/wp-content/uploads/2016/09/32_11NCJLTech722009-2010.pdf.

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