September 10, 2019
The Misinterpretation of the Patent Exhaustion Doctrine and the Transgenic Seed Industry in Light of Quanta v. LG Electronics
The Supreme Court’s recent interpretation of the patent exhaustion doctrine mandates that the transgenic seed industry use contract law instead of patent law to enforce post-sale restrictions. Prior to Quanta Computer, Inc. v. LG Electronics, Inc., the federal district courts and the Federal Circuit held that patent exhaustion was not triggered if a sale was
Tod Leaven, Recent Development, The Misinterpretation of the Patent Exhaustion Doctrine and the Transgenic Seed Industry in Light of Quanta v. LG Electronics, 10 N.C. J.L. & Tech. 119 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/05_10NCJLTech1192008-2009.pdf.
The unique characteristics of the search advertising industry encourage the development of anticompetitive monopoly power, facilitating the rise and dominance of companies like Google. First, the search advertising industry is subject to multi-sided network effects that create a positive feedback loop. An increase in the number of customers on one side of the market attracts
Kristine Laudadio Devine, Preserving Competition in Multi-Sided Innovative Markets: How Do You Solve a Problem Like Google?, 10 N.C. J.L. & Tech. 59 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/04_10NCJLTech592008-2009.pdf.
No abstract available.
Jonathan J. Darrow & Stephen D. Lichtenstein, “Do You Really Need My Social Security Number?” Data Collection Practices in the Digital Age, 10 N.C. J.L. & Tech. 1 (2009), available at http://ncjolt.org/wp-content/uploads/2016/09/03_10NCJLTech12008-2009.pdf.
On December 23, 2010, the Federal Communications Commission (“FCC”) issued a new Internet Order designed to regulate broadband access providers to further the principle of networkneutrality. The Order imposes regulations on broadband access providers for the first time, seeking to maintain the free and open character of the Internet by preventing this relatively new class
Kendra E. Leghart , Recent Development, The FCC's New Network Semi-Neutrality Order Maintains Inconsistency in the Broadband World, 12 N.C. J.L. & Tech. On. 199 (2011), http://ncjolt.org/wp-content/uploads/2016/09/25_12NCJLTech1992010-2011-1.pdf.
Throughout the twentieth century courts interpreted the Espionage Act of 1917 to criminalize leaking classified information, but consciously refused to extend the Act to prohibit press institutions from subsequently publishing leaked information. While the United States government has a significant interest in preventing dissemination of sensitive information, the courts allow news organizations to claim First
Jamie L. Hester, Recent Development, The Espionage Act and Today's "High-Tech Terrorist", 12 N.C. J.L. & Tech. On. 177 (2011), http://ncjolt.org/wp-content/uploads/2016/09/24_12NCJLTech1772010-2011-1.pdf.
Righthaven, a recently created company, has filed hundreds of copyright infringement claims against blogs and other small Web sites for posting content from copyrighted news articles online. These claims—filed without any cease and desist letters to warn potential infringers—demand not only high monetary damages, but also forfeiture of the infringers’ domain names. Focusing on the claims against Web sites that
Nicole M. Downing, Recent Development, Using Fair Use to Stop a Copyright Troll from Threatening Hyperlinkers, 12 N.C. J.L. & Tech. On. 155 (2011), http://ncjolt.org/wp-content/uploads/2016/09/23_12NCJLTech1552010-2011-1.pdf.
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
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
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.
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
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
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
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
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
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.
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