Pittsburgh Journal of Technology Law and Policy (University of Pittsburgh)
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Regulating Rideshare Without Stifling Innovation: Examining the Drivers, the Insurance "Gap," and Why Pennsylvania Should Get on Board
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America Invents Act\u27s Prior User Defense: Lessons from Global Patent Regimes and Legislative History
Get PDFThe America Invents Act (“AIA”) introduced a prior user defense into the U.S. patent system. Although this defense exists in most world patent systems, the AIA version—replete with ambiguities and exceptions—raises several interpretive problems. This Article provides a detailed analysis of this novel AIA provision in the context of legislative history and global experience, and argues for the clarification and expansive interpretation of several ambiguous terms designed to prevent the statute’s negative impact on individual inventors
A Telehealth Technicality: Pennsylvania\u27s Outdated Insurance Reimbursement Policies Deter Investment in Modern Telehealth Technology
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Recreational UAVs: Going Rogue with Pennsylvania\u27s Strict Products Liability Law Post-Tincher
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Introduction: Realizing the Potential of the Tech Economy as a Driver of Equitable Growth
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Trademark Protection in Bankruptcy Proceedings: A Closer Look at Lubrizol and its Progeny
Get PDFWhen the worlds of bankruptcy and intellectual property licenses converge, licensees are placed in potentially dangerous positions. The seminal case on this issue, Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., stands for the proposition that when a licensor rejects an intellectual property license as "executory," the licensee no longer has the right to rely on provisions within the agreement with the debtor for continued use of the technology. To countermand the negative effects of Lubrizol, Congress amended the Bankruptcy Code, but intentionally omitted trademarks from the definition of intellectual property. This omission has produced a string of conflicting case law, leaving trademark licensees in a precarious position with few options for recourse. This Note discusses the Intellectual Property Bankruptcy Protection Act and trademark protection specifically, and details the circuit split created by Sunbeam Products, Inc. v. Chicago American Manufacturing. This Note focuses on the implications of the circuit split, and concludes by providing some suggestions for how courts can resolve this issue in the future
The Chilling Realities of the Telecommuting Tax: Adapting Twentieth Century Policies for Twenty-First Century Technologies
Get PDFThe U.S. Tax Code has become so confusing and complex that tax professionals have gone from being a luxury to a necessity. Compound this complexity with the added layer of intricacy found at the state level and this already complex system becomes a labyrinth. While society has favored technological advances, the tax system has not. In particular, telecommuters have found themselves in a sort of limbo – working from home while sometimes simultaneously “working” at their employer’s location. This Note focuses on how this hypothetical of the 1980’s is today a reality, and how the courts of select states have approached this new paradigm. Specifically, this Note elaborates on the positions taken by New York and New Jersey, both major commuting states who have issued relating decisions, as well as what these decisions mean for residents of neighboring states like Connecticut and Pennsylvania. Finally, this Note advocates for uniformity between states, praises existing state policies such as Pennsylvania and New Jersey\u27s, among others, and hopes to revive proposed unifying legislation in light of recent cases
Prioritizing Demand Response: How Federal Legislation and Technological Innovation Changed the Electricity Supply Market and the Need to Revitalize FERC Order 745
Get PDFTraditional barriers to entry in the electricity supply marketplace are crumbling due to recent federal legislation and new technology. The Federal Energy Regulatory Commission (FERC)\u27s Order 745 prioritizes the use of demand response via a uniform pricing mechanism. Through it, demand response is able to provide the same benefit as traditional electricity generation - at a reduced cost - and improve service, reliability, and market development. Consequently, the increased use of demand response reduces prices for regional grid operators, as well as commercial, institutional, and residential consumers. This Note discusses the legal, economic, and policy reasons for upholding Order 745 in the face of transformative change in the electricity supply market and evaluates the history of smart grid legislation leading up to the issuance of Order 745 in 2011. Next, it analyzes how energy intelligence hardware and software allow new entrants into the wholesale electricity supply market in hopes of capitalizing on inefficiencies in regional power distribution and the revolutionary opportunities for residential consumers through new technologies. Most importantly, this Note argues for a reversal of the D.C. Circuit’s decision to vacate Order 745 in the case EPSA v. FERC, decided in May 2014. Such a reversal is necessary because Order 745 falls within FERC’s authority under the Federal Power Act and the loss of a uniform pricing mechanism for demand response resources sold at capacity auctions will harm electricity markets
China vs. United States: A Cosmopolitan Copyright Comparison
Get PDFChina has a notorious reputation for infringing on intellectual property, especially copyrights. Despite making substantial improvements in its copyright laws over the years, China continues to be haunted by this reputation. But is it really true? By analyzing China’s Copyright Law, this piece explores whether the assumption that China is a notorious infringer is valid. By comparing the copyright laws of the United States to those of China, and by comparing the number of litigated copyright cases that have recently occurred in both countries, this Article concludes that unfortunately Chinese citizens are still severely infringing on international copyrights. Such infringement harms not only foreign copyright owners, but Chinese citizens as well. Notwithstanding this dire conclusion, there is still hope. This paper posits three possible resolutions to help cure China’s reputational ills and weighs each solution\u27s effectiveness