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Full-Text Articles in Law

Randomness, Ai Art, And Copyright, Richard H. Chused Jan 2023

Randomness, Ai Art, And Copyright, Richard H. Chused

Articles & Chapters

No abstract provided.


Metasoftware: Building Blocks For Legal Technology, Houman Shadab Jan 2022

Metasoftware: Building Blocks For Legal Technology, Houman Shadab

Articles & Chapters

This Article develops a novel concept in information technology called metasoftware. It then applies the concept of metasoftware to developing legal technology.

Metasoftware enables users to create the software of their choosing and stands in sharp contrast to traditional, functional software that is intended for a particular purpose or a defined range of tasks. Functional software is the default type of software that is currently produced and includes word processing, email, social networking, enterprise resource management, online marketplaces, and video game software. Metasoftware, by contrast, is not functional. Metasoftware presents the user with a blank slate upon which to build …


Eviscerating Patent Scope, Shahrokh Falati Jan 2022

Eviscerating Patent Scope, Shahrokh Falati

Articles & Chapters

The scope of patent claims directed to inventions in the field of pharmaceuticals and biotechnology has been stumped by the Court of Appeals for the Federal Circuit’s recent jurisprudence on 35 U.S.C. § 112. Specifically, the application of a heightened test for enablement of claims to a genus of compounds with functional limitations or a genus of therapeutic antibodies, coupled with an increasingly broader application of the written description doctrine, has resulted in considerable uncertainty in the biopharmaceutical industry. The Federal Circuit’s shift in interpreting 35 U.S.C. § 112 contravenes the statute and Supreme Court precedent by splitting the singular …


Krawiec V. Manly, Abigail Demasi Jan 2021

Krawiec V. Manly, Abigail Demasi

NYLS Law Review

No abstract provided.


Banksy: Artist, Prankster, Or Both?, Anna Tichy Jan 2021

Banksy: Artist, Prankster, Or Both?, Anna Tichy

NYLS Law Review

No abstract provided.


Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused Dec 2020

Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused

Articles & Chapters

No abstract provided.


Patent Eligibility Of Disease Diagnosis, Shahrokh Falati Mar 2020

Patent Eligibility Of Disease Diagnosis, Shahrokh Falati

Articles & Chapters

The U.S. Supreme Court effectively redefined the scope of patent eligible subject matter when it decided Mayo. This decision focused on medical diagnostic technology and has had a profound effect on the biotechnology and personalized medicine industries in the United States. Subsequent back-to-back decisions by the Supreme Court in Myriad and Alice have made it unequivocally clear that there is now wholesale broadening of the judicially created exceptions to statutory laws governing patent eligible subject matter. This has caused havoc in the biopharmaceutical industry by not only making it a near impossibility to obtain a patent in certain fields, but …


Introduction: What Is Real? Authenticity, Transparency, And Trust In The Digital Age Of Fashion, Joseph M. Forgione Jan 2020

Introduction: What Is Real? Authenticity, Transparency, And Trust In The Digital Age Of Fashion, Joseph M. Forgione

NYLS Law Review

No abstract provided.


Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga Jan 2020

Copyright & Fashion: The Shoe That Does Not Fit, Cassandra Baloga

NYLS Law Review

No abstract provided.


Towards Truth In Influencing: Risks And Rewards Of Disclosing Influencer Marketing In The Fashion Industry, Megan K. Bannigan, Beth Shane Jan 2020

Towards Truth In Influencing: Risks And Rewards Of Disclosing Influencer Marketing In The Fashion Industry, Megan K. Bannigan, Beth Shane

NYLS Law Review

No abstract provided.


Sculpture, Industrial Design, Architecture, And The Right To Control Use Of Publicly Displayed Works, Richard H. Chused Jan 2019

Sculpture, Industrial Design, Architecture, And The Right To Control Use Of Publicly Displayed Works, Richard H. Chused

Articles & Chapters

This article explores the anomalous ways in which copyright owners may control use of works they publicly display. Treatment of rights associated with publicly displayed sculpture and architecture are dramatically different. The copyright statute deprives owners of copyrights in constructed buildings of the ability to police the ways in which imagery or other uses of the publicly visible structure may be exploited by others. This article focuses on three related but different settings involving the public display of (1) a work of graffiti, (2) a large-scale sculpture, and (3) a building with sculptural features. Through an analysis of the differences …


“Temporary” Conceptual Art: Property And Copyright, Hopes And Prayers, Richard H. Chused Jan 2019

“Temporary” Conceptual Art: Property And Copyright, Hopes And Prayers, Richard H. Chused

Articles & Chapters

No abstract provided.


To Promote Innovation, Congress Should Abolish The Supreme Court Created Exceptions To 35 U.S. Code Sec. 101, Shahrokh Falati Jan 2019

To Promote Innovation, Congress Should Abolish The Supreme Court Created Exceptions To 35 U.S. Code Sec. 101, Shahrokh Falati

Articles & Chapters

No abstract provided.


Cancer's Ip, Jacob S. Sherkow Jan 2018

Cancer's Ip, Jacob S. Sherkow

Articles & Chapters

The state of publicly funded science is in peril. Instead, new biomedical research efforts — in particular, the recent funding of a “Cancer Moonshot” — have focused on employing public-private partnerships, joint ventures between private industry and public agencies, as being more politically palatable. Yet, public-private partnerships like the Cancer Moonshot center on the production of public goods: scientific information. Using private incentives in this context presents numerous puzzles for both intellectual property law and information policy. This Article examines whether—and to what extent — intellectual property and information policy can be appropriately tailored to the goals of public-private partnerships. …


The Industrial Internet Of Things: Risks, Liabilities, And Emerging Legal Issues, Mauricio Paez, Kerianne Tobitsch Jan 2018

The Industrial Internet Of Things: Risks, Liabilities, And Emerging Legal Issues, Mauricio Paez, Kerianne Tobitsch

NYLS Law Review

No abstract provided.


The Crispr Patent Decision Didn’T Get The Science Right. That Doesn’T Mean It Was Wrong, Jacob S. Sherkow Jan 2018

The Crispr Patent Decision Didn’T Get The Science Right. That Doesn’T Mean It Was Wrong, Jacob S. Sherkow

Other Publications

No abstract provided.


H&M V. Revok: Use Of Street Art In Commercial Ad Campaigns, Richard H. Chused Jan 2018

H&M V. Revok: Use Of Street Art In Commercial Ad Campaigns, Richard H. Chused

Other Publications

No abstract provided.


Bridges Ii: The Law-Stem Alliance & Next Generation Innovation, Jacob S. Sherkow Jan 2017

Bridges Ii: The Law-Stem Alliance & Next Generation Innovation, Jacob S. Sherkow

Articles & Chapters

No abstract provided.


Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman Jan 2017

Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman

Articles & Chapters

How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is the first in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and non-public information through the lens of social science — namely, principles of trust.

Patent law’s “public use” bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows …


Doyle Homes, Inc. V. Signature Group Of Livingston, Inc., Daniel Ursomanno Jan 2017

Doyle Homes, Inc. V. Signature Group Of Livingston, Inc., Daniel Ursomanno

NYLS Law Review

No abstract provided.


Varsity Brands, Inc. V. Star Athletica, Llc, Alexandra Spina Jan 2017

Varsity Brands, Inc. V. Star Athletica, Llc, Alexandra Spina

NYLS Law Review

No abstract provided.


16 Casa Duse, Llc V. Merkin, Abbey Gauger Jan 2017

16 Casa Duse, Llc V. Merkin, Abbey Gauger

NYLS Law Review

No abstract provided.


Counterfeiting, Couture, And The Decline Of Consumer Trust In Online Marketplace Platforms, Joseph M. Forgione Jan 2017

Counterfeiting, Couture, And The Decline Of Consumer Trust In Online Marketplace Platforms, Joseph M. Forgione

NYLS Law Review

No abstract provided.


The Rise Of Ethical License, Christi Guerrini, Margaret Curnette, Jacob S. Sherkow, Christopher Scott Jan 2017

The Rise Of Ethical License, Christi Guerrini, Margaret Curnette, Jacob S. Sherkow, Christopher Scott

Other Publications

The Broad Institute's recent licensing of its gene editing patent portfolio demonstrates how licenses can be used to restrict controversial applications of emerging technologies while society deliberates their implications.


Patent Protection For Crispr: An Elsi Review, Jacob S. Sherkow Jan 2017

Patent Protection For Crispr: An Elsi Review, Jacob S. Sherkow

Articles & Chapters

The revolutionary gene-editing technology, CRISPR, has raised numerous ethical, legal, and social concerns over its use. The technology is also subject to an increasing patent thicket that raises similar issues concerning patent licensing and research development. This essay reviews several of these challenges that have come to the fore since CRISPR’s development in 2012. In particular, the lucre and complications that have followed the CRISPR patent dispute may affect scientific collaboration among academic research institutions. Relatedly, universities’ adoption of “surrogate licensors” may also hinder downstream research. At the same time, research scientists and their institutions have also used CRISPR patents …


Patent Protection For Microbial Technologies, Jacob S. Sherkow Jan 2017

Patent Protection For Microbial Technologies, Jacob S. Sherkow

Articles & Chapters

Microbial technologies often serve as the basis of fundamental research tools in molecular biology. These present a variety of ethical, legal and social issues concerning their patenting. This commentary presents several case studies of these issues across three major microbiological tools: CRISPR, viral vectors and antimicrobial resistance drugs. It concludes that the development of these technologies—both scienti cally and commercially—depend, in part, on the patent regime available for each, and researchers’ willingness to enforce those patents against others.


Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow Jan 2017

Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow

Other Publications

Recent decisions by patent offices in the USA and Europe concerning the revolutionary gene-editing technology, CRISPR/Cas9, have shed light on the importance — and puzzles — of one particular area of patent law: “nonobviousness”, as it known in the USA, or, in Europe, the “inventive step”. Patent law does not always neatly align itself with the realities of biological research. But these competing decisions from the U.S. Patent and Trademark Office and the European Patent Office have put those differences on parade. Unpacking these standards for CRISPR tell us a lot about how advances in biology are actually made — …


Crispr, Surrogate Licensing, And Scientific Discovery, Jorge Contreras, Jacob S. Sherkow Jan 2017

Crispr, Surrogate Licensing, And Scientific Discovery, Jorge Contreras, Jacob S. Sherkow

Other Publications

Several research institutions are embroiled in a legal dispute over the foundational patent rights to CRISPR-Cas9 gene-editing technology, and it may take years for their competing claims to be resolved. But even before ownership of the patents is finalized, the institutions behind CRISPR have wasted no time capitalizing on the huge market for this groundbreaking technology by entering into a series of licensing agreements with commercial enterprises. With respect to the potentially lucrative market for human therapeutics and treatments, each of the key CRISPR patent holders has granted exclusive rights to a spinoff or "surrogate" company formed by the institution …


Protecting Products Versus Platforms, Jacob S. Sherkow Jan 2016

Protecting Products Versus Platforms, Jacob S. Sherkow

Articles & Chapters

Patents have long been the most important legal assets of biotech companies. Increasingly, however, biotech firms find themselves on one side of a divide: as either traditional product companies or platform companies. Given the differences between these two types of business models, the merits of intellectual property (IP) protection vary between them. This article explores how those differences relate to biotech startups and entrepreneurs seeking to protect their inventions.


International Collaboration On Ip/Access To Medicines: Birth Of South Africa’S Fix The Patent Laws Campaign, Brook J. Baker Jan 2016

International Collaboration On Ip/Access To Medicines: Birth Of South Africa’S Fix The Patent Laws Campaign, Brook J. Baker

NYLS Law Review

No abstract provided.