Law Commons^™

Auris Health, Inc. V. Intuitive Surgical Operations: A New “Rigid Rule” For Patent Obviousness, Moawad, Jake

Santa Clara High Technology Law Journal

AURIS HEALTH, INC. V. INTUITIVE SURGICAL

OPERATIONS:

A NEW “RIGID RULE” FOR PATENT OBVIOUSNESS Auris Health, Inc. v. Intuitive Surgical Operations, Inc.,

32 F.4th 1154 (Fed. Cir. 2022)♦

Federal Circuit Declines To Find Patent Claims Indefinite For Broad Descriptive Words (And An Ode To 1l Civil Procedure), Barbier, Janelle

Santa Clara High Technology Law Journal

FEDERAL CIRCUIT DECLINES TO FIND PATENT CLAIMS INDEFINITE FOR BROAD DESCRIPTIVE WORDS (AND AN ODE TO 1L CIVIL PROCEDURE)

Niazi Licensing Corporation v. St. Jude Medical S.C., Inc., 30 F.4th 1339 (Fed. Cir. 2022)♦

A Proposed Analytical Framework For Resolving An Intra-Court Split On Claim Construction Ambiguity, Perez, Erik I.

Santa Clara High Technology Law Journal

The Federal Circuit was created to ensure patent law consistency by reducing inter-circuit splits.1 For decades, the Federal Circuit has oscillated between two standards associated with claim construction. This Article attempts to explain, analyze, and propose a solution to the intra-court split on claim construction. Part I examines the historical overview of patent litigation. This section briefly describes patent document sections, protectable patent rights, and patent interpretation shifts, from relying on the patent’s specification, to the patent’s claim. Part II examines current patent law. This section briefly describes how patent claims are interpreted and what role the specification aids in …

A Reconceptualization Of Website Accessibility Under The Ada: Resolving The Inter-Circuit Conflict Post-Pandemic, Lazar, Jonathan, Ferleger, David

Santa Clara High Technology Law Journal

The federal circuit courts of appeals are in conflict over whether Title III of the Americans with Disabilities Act requires public accommodations’ websites to be accessible to people with disabilities. Some courts consider websites themselves to be a covered “place of public accommodation.” Others conclude that websites are not covered at all. The predominant view is that a website must be accessible if it has a “nexus” to a physical public location. However, the “nexus” requirement has been problematic from the start and its weaknesses have been particularly exposed during the COVID-19 pandemic. The pandemic exposes a deep mismatch between …

Dark Systems: Reprogramming Artificial Intelligence Regulations To Promote Fairness And Employment Nondiscrimination, Wennagel, Robert

Santa Clara High Technology Law Journal

Automated decision-making (“ADM”) systems, whether deploying artificial intelligence, machine learning, or other algorithmic processes, have become ubiquitous in modern life, but their use is often unnoticed or invisible to society at large. Currently no federal laws require notice or disclosure to individuals when an ADM is used to collect their data, evaluate them, or make determinations about their lives. This is particularly concerning for the employment relationship because notice and transparency are essential for personal privacy, and the surreptitious use of ADM systems deprives applicants and employees of the ability to understand employers’ decision-making processes and to seek redress under …

Original Idea Or Illegal Copying? Video Game Copying In China And Its Effects On The U.S. Video Game Industry, Future Steps For U.S. Developers And Publishers, Wang, Michael

Santa Clara High Technology Law Journal

While China has been hearing more cases and trying to limit the “reskinning” of many popular video games published by U.S. and other foreign companies, China’s copyright law is too restrictive and does not consider the multitude of precedent as to how the industry has interpreted copyright regulation for video games. China’s copyright law sets such a high bar for originality that companies can create games with similar characters having similar abilities and mechanics, but still not violate China’s copyright laws. Chinese game companies have attempted to create mobile versions of popular games in order to make quick profits as …

The Role Of Artificial Intelligence In Pushing The Boundaries Of U.S. Regulation: A Systematic Review, Gutierrez Gaviria, Carlos Ignacio

Santa Clara High Technology Law Journal

Artificial Intelligence’s (AI) growing catalog of applications and methods has the potential to profoundly affect public policy by generating instances where regulations are not adequate to confront the issues faced by society, also known as regulatory gaps. The objective of this article is to improve our understanding of how AI influences U.S. public policy. It does so by systematically exploring, for the first time, this technology’s role in the generation of regulatory gaps. Specifically, it addresses two research questions:

1. What U.S. regulatory gaps exist due to AI methods and applications?

2. When looking across all of the gaps identified in the …

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