Volume 15

Gene Patents and the Public Interest: Litigating Association for Molecular Pathology v. Myriad Genetics and Lessons Moving Forward

Volume 15, Issue 4 (Jun 2014)

Keynote address at the 2014 North Carolina Journal of Law and Technology symposium.

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Sandra S. Park, Gene Patents and the Public Interest: Litigating Association for Molecular Pathology v. Myriad Genetics and Lessons Moving Forward, 15 N.C. J.L. & Tech. 519 (2014), available at http://ncjolt.org/wp-content/uploads/2014/07/Park_Final.pdf

The “Progress Clause”: An Empirical Analysis Based on the Constitutional Foundation of Patent Law

Volume 15, Issue 4 (Jun 2014)

When the Founding Fathers promulgated the Progress Clause of the U.S. Constitution, they recognized the potential for certain types of patents to impede rather than promote innovation. The drafting of the Patent Act and its interpretation by the U.S. Supreme Court similarly recognized that abstract ideas, laws of nature, and products of nature do not

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Lori B. Andrews, The “Progress Clause”: An Empirical Analysis Based on the Constitutional Foundation of Patent Law, 15 N.C. J.L. & Tech. 537 (2014), available at http://ncjolt.org/wp-content/uploads/2014/07/Andrews_Final.pdf

Myriad After Myriad: The Proprietary Data Dilemma

Volume 15, Issue 4 (Jun 2014)

Myriad Genetics’ long-time monopoly on BRCA gene testing was significantly narrowed by the Supreme Court’s decision in Association of Molecular Pathology v. Myriad Genetics, Inc., and will be further narrowed in the next few years as many of its still-valid patents expire. But these developments have not caused the company to acquiesce in competition. Instead,

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John M. Conley, Robert Cook-Deegan & Gabriel Lázaro-Muñoz, Myriad After Myriad: The Proprietary Data Dilemma, 15 N.C. J.L. & Tech. 597 (2014), available at http://ncjolt.org/wp-content/uploads/2014/07/Conley_Final.pdf

Mayo, Myriad, and the Future of Innovation in Molecular Diagnostics and Personalized Medicine

Volume 15, Issue 4 (Jun 2014)

Contrary to popular perception, the Supreme Court’s recent decision in Association for Molecular Pathology v. Myriad Genetics, Inc., finding certain patent claims reciting isolated genomic DNA molecules patent ineligible is likely to have a relatively minor impact on the patenting of diagnostics and personalized medicine. Method claims generally play a much more important role than

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Christopher M. Holman, Mayo, Myriad, and the Future of Innovation in Molecular Diagnostics and Personalized Medicine, 15 N.C. J.L. & Tech. 639 (2014), available at http://ncjolt.org/wp-content/uploads/2014/07/Holman_Final.pdf

Dr. Dronelove: How We Should All Learn to Stop Worrying and Love Commercial Drones

Volume 15, Online Edition (May 2014)

While manufacturers, entrepreneurs, and customers wait on the dilatory FAA to create formal rules governing commercial drone integration into the U.S. airspace, states have begun to regulate drones on their own accord. However, the direction of state legislation risks the benefits of an emerging industry worth billions—an industry in which the United States has a

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Nicholas Ryan Turza, Recent Development, Dr. Dronelove: How We Should All Learn to Stop Worrying and Love Commercial Drones, 15 N.C. J.L. & Tech. On. 134 (2014), available at http://ncjolt.org/wp-content/uploads/2014/05/Turza_Final.pdf

“Transforming” Fair Use: Authors Guild, Inc. v. Google, Inc.

Volume 15, Online Edition (May 2014)

Since the 1980s, the outcome of the fair use defense to copyright has appeared to turn on whether the secondary use provided the infringer with any commercial benefit. However, recent cases suggest that the commerciality inquiry is no longer controlling. In November of 2013, Authors Guild, Inc. v. Google, Inc. authorized Google Books to use

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Kelly Morris, Recent Development, "Transforming" Fair Use: Authors Guild, Inc. v. Google, Inc., 15 N.C. J.L. & Tech. On. 134 (2014), available at http://ncjolt.org/wp-content/uploads/2014/05/Morris_Final.pdf

Do Not Read This Article at Work: The CFAA’s Vagueness Problem and Recent Legislative Attempts to Correct It

Volume 15, Online Edition (May 2014)

The Computer Fraud and Abuse Act (“CFAA”), the nation’s leading anti-hacking statute, criminalizes unauthorized access to any computer in the world. The CFAA does not specify what types of computer use qualify as unauthorized access, and circuit courts are split over approaches to defining the term. Although some courts have held that violations of private

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Ryan H. Niland, Recent Development, Do Not Read This Article at Work: The CFAA's Vagueness Problem and Recent Legislative Attempts to Correct It, 15 N.C. J.L. & Tech. On. 134 (2014), available at http://ncjolt.org/wp-content/uploads/2014/05/Niland_Final.pdf

Paving the Way for Clean Coal: The EPA’s Conditional Exclusion of Carbon Capture and Storage Facilities From Hazardous Waste Regulation Under RCRA

Volume 15, Online Edition (May 2014)

Carbon capture and storage (“CCS”) is an emerging climate change mitigation strategy involving the permanent underground storage of carbon dioxide captured from emission sources like power plants. The Environmental Protection Agency recently finalized a rule (the “Conditional Exclusion”) that excludes CCS operations from all hazardous waste regulations under the Resource, Conservation, and Recovery Act. Instead

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Matthew Spangler, Recent Development, Paving the Way for Clean Coal: The EPA's Conditional Exclusion of Carbon Capture and Storage Facilities From Hazardous Waste Regulation Under RCRA, 15 N.C. J.L. & Tech. On. 134 (2014), available at http://ncjolt.org/wp-content/uploads/2014/05/Spangler_Final.pdf

Mobile App Privacy: Develping Standard and Effective Privacy Tools for Consumers

Volume 15, Online Edition (May 2014)

Everyone knows what “apps” are (or they will know soon). Apps fill our smartphones, tablets, and computers; apps will fill our cars and control our homes. Apps of all varieties have been downloaded billions of times by sophisticated technologists and grandparents alike. These apps are collecting and sharing data in previously unimaginable ways. Developing standard

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Daniel Parisi, Recent Development, Mobile App Privacy: Develping Standard and Effective Privacy Tools for Consumers, 15 N.C. J.L. & Tech. On. 134 (2014), available at http://ncjolt.org/wp-content/uploads/2014/05/Parisi_Final.pdf

Smartphones & Mobile Medical Apps—How Much FDA Medical Device Regulation is Required?

Volume 15, Issue 3 (Mar 2014)

Smartphones and tablets have provided a plethora of new business opportunities for a number of industries, including healthcare. Technology, however, appears to have outpaced the regulatory environment, which has spawned criticism over the current guidance of the Food and Drug Administration (“FDA”) for mobile medical applications. Commentators have remarked that the FDA’s guidance is complex

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Vincent J. Roth, The mHealth Conundrum: Smartphones & Mobile Medical Apps—How Much FDA Medical Device Regulation is Required?, 15 N.C. J.L. & Tech. 359 (2014), available at http://ncjolt.org/wp-content/uploads/2014/04/Roth-Color-Final.pdf.

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