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The Influence of Alice: A Response to Jay P. Kesan & Runhua Wang’s Eligible Subject Matter at the Patent Office: An Empirical Study of the Influence of Alice on Patent Examiners and Patent Applicants
Get PDFThe Supreme Court’s decision in Alice Corp. v. CLS Bank has had a decimating influence on patents and patent applications. Its long shadow looms over every stage of a patent’s life cycle—from prosecution to litigation and the administrative post-grant process at the patent office. In their article, Professor Jay Kesan and Dr. Runhua Wang offer a penetrating look at Alice’s influence on software, business methods and bioinformatics, all key technologies powering our modern economy. This Response sets out the relevant law on patent eligibility, contextualizes the Authors’ key findings on bioinformatics applications against that legal framework, and considers whether Congress, the courts, and the U.S. Patent and Trademark Office (USPTO) can be agents of change to alleviate Alice’s baleful influence on patent law
In trust, data
Get PDFThis Essay explores how the trust, and specifically the asset management functions that trust law affords, can be used to ameliorate select digital governance challenges. A trust’s ability to isolate assets can protect public interest technology projects against organizational failure, facilitate archiving and study of proprietary and deprecated software, and help multi-party data-sharing collaborations manage complex value allocations. The equitable remedies that a trust makes available can facilitate a strong, norm-setting form of data license that enables beneficiaries to claw back unauthorized data derivatives. I also briefly critique the increasing prevalence of “data trusts” as a catch-all term for community data protection schemes
Copycat Cosmetics: The Beauty Industry and the Bounds of the American Intellectual Property System,
Get PDFEmbedded Deception: How the FTC’s Recent Interpretation of the Children’s Online Privacy Protection Act Missed the Mark, by Olivia Levinson here.
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3.4 Jumping Hurdles to Sue the Police with Professor Sunita Patel
No full textProfessor Sunita Patel (UCLA Law School) discusses her article published in Volume 104 of the Minnesota Law Review, Jumping Hurdles to Sue the Police
