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Full-Text Articles in Science and Technology Law
Authenticity And Admissibility Of Social Media Website Printouts, Wendy Angus-Anderson
Authenticity And Admissibility Of Social Media Website Printouts, Wendy Angus-Anderson
Duke Law & Technology Review
Social media posts and photographs are increasingly denied admission as evidence in criminal trials. Courts often cite issues with authentication when refusing to admit social media evidence. Cases and academic writings separate recent case law into two approaches: The Maryland Approach and the Texas Approach. The first method is often seen as overly skeptical of social media evidence, setting the bar too high for admissibility. The second approach is viewed as more lenient, declaring that any reasonable evidence should be admitted in order for a jury to weigh its sufficiency. This Brief addresses the supposed differences between the two sets …
The Ftc Has A Dog In The Patent Monopoly Fight: Will Antitrust’S Bite Kill Generic Challenges?, Jennifer D. Cieluch
The Ftc Has A Dog In The Patent Monopoly Fight: Will Antitrust’S Bite Kill Generic Challenges?, Jennifer D. Cieluch
Duke Law & Technology Review
Antitrust laws have been notoriously lenient in the patent realm, the underlying reason being that patents’ grant of exclusion create monopolies that defy antitrust laws in order to incentivize innovation. Thus, antitrust violations have rarely been found in the patent cases. But after the Supreme Court’s holding in FTC v. Actavis, brand name pharmaceutical companies may need to be more cautious when settling Hatch-Waxman litigation with potential patent infringers. Both brand-name drug manufacturers and generic drug manufacturers have incentives to settle cases by having the brand-name pay the generic in exchange for delaying their entry into the market. While courts …
Understanding The Backlog Problems Associated With Requests For Continued Examination Practice, Sean Tu
Understanding The Backlog Problems Associated With Requests For Continued Examination Practice, Sean Tu
Duke Law & Technology Review
One of the greatest problems facing the current patent administration is a long patent pendency period. This study focuses on Request for Continued Examination (RCE) practice, and its effects on the current patent application backlog problem. RCEs are used to continue prosecution after a patent examiner has issued a final rejection. However, now that RCEs are placed on an examiner’s special docket, some examiners may pick up prosecution one to two years after the last action. Accordingly, there are great inefficiencies that may be created by this delay, such as relearning issues and questions from the previous action, diminished value …