Science and Technology Law Commons^™

Oversharenting: Is It Really Your Story To Tell?, 33 J. Marshall J. Info. Tech. & Privacy L. 121 (2018), Holly Kathleen Hall

UIC John Marshall Journal of Information Technology & Privacy Law

Social media is about sharing information. If you are a parent, often the tendency is to relate every aspect of your children’s lives. Most of the time, children do not consent to postings about them and will have a permanent digital shadow created by their parents that follows them the rest of their lives. The purpose of this article is to analyze the current status and potential future of children’s online privacy from a comparative legal approach, highlighting recent case law in the United Kingdom, which is trending toward carving out special privacy rights for children. This contrasts with the …

Are “Evan’S Law” And The Textalyzer Immediate Solutions To Today’S Rapid Changes In Technology Or Encroachments On Drivers’ Privacy Rights?, 33 J. Marshall J. Info. Tech. & Privacy L. 143 (2018), Aggie Baumert

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Nothing Personal, It’S Just Business: How Google’S Course Of Business Operates At The Expense Of Consumer Privacy, 33 J. Marshall J. Info. Tech. & Privacy L. 187 (2018), Kayla Mckinnon

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.

Intellectual Property Issues For Startups Participating In Entrepreneurship Support Programs In Wisconsin, Nathaniel S. Hammons

Marquette Intellectual Property Law Review

Wisconsin is not known as a bastion of startup activity. Yet the startup scene has changed significantly since the turn of the century, and the pace of change has been accelerating. In 2001, only eight early-stage Wisconsin companies raised capital, totaling less than $53 million. In 2016, by way of comparison, 137 early-stage Wisconsin companies raised more than $276 million in investment capital. As someone familiar with the state might surmise, more than half of the deals closed in 2016 were in the Madison area, home to the University of Wisconsin-Madison and large employers in information technology, healthcare, and life …

Celebrating Wisconsin Entrepreneurs: Lessons Learned From Wisconsin Entrepreneurs And Businesses, And Future Prospects For A Healthcare Sector That Is Healthcare Reform, Daniel S. Sem, Si Gou, Taleb Aljabban

Marquette Intellectual Property Law Review

Wisconsin has a rich history of entrepreneurial activity, which is often not appreciated beyond its well-recognized strength in the beer and cheese industries. However, Wisconsin’s entrepreneurial nature has been called into question. Recently, Wisconsin was ranked fiftieth in the United States for startup activity by the Kauffman Foundation. In contrast, Wisconsin ranks at the top of the country for startups that are local and established business with more longevity. The first half of this article will review some of the challenges and opportunities that have faced Wisconsin entrepreneurs, and will provide an overview of over 150 Wisconsin companies (Table 1), …

The Mystery Of Section 253(B), Matthew Gagnier

Marquette Intellectual Property Law Review

In 2014, Elon Musk, the renowned and socially-minded CEO of Tesla Motors, Inc., posted a blog on Tesla’s website that stated the company would be freeing up many of its patents involved in the creation of the company’s electric cars to any interested party. Yet again, Musk astounded the public by choosing the betterment of society over corporate profits—stirring up a more positive image than any other corporate personality. But there are numerous questions that Musk’s positive PR have drowned out: Where can you access the patents?; How did freeing up the patents get past the other executive officers and …

Determining Enhanced Damages After Halo Electronics: Still A Struggle?, Veronica Corcoran

Marquette Intellectual Property Law Review

35 U.S.C. § 284 of the Patent Act allows district courts to use their discretion to award enhanced damages up to three times the amount found or assessed in the case of patent infringement. This Comment will consider how the Supreme court of the United States’ holding in Halo Electronics, Inc. v. Pulse electronics, Inc. changed the landscape of enhanced damages awards in light of willful infringement.

First, this Comment will examine the Federal Circuit’s approach that now embraces both an objective and subjective inquiry in determining enhanced damages, which may resolve the concern over the rigidity in the Seagate …

Patent Eligibility's Doctrinal Exclusions... Lately, A Scary Movie Too Difficult To Watch: Concrete Solutions And Suggestions, Kristy J. Downing

Marquette Intellectual Property Law Review

Patent eligible subject matter is defined by the legislature’s 35 U.S.C. § 101 to include “any new and useful process, machine, manufacture or composition of matter.” Since the nineteenth century, however, United States (U.S.) courts have considered certain otherwise eligible subject matter excludable from patent protection. The judiciary’s doctrinal exclusions’ purpose was to protect fundamental building blocks to science and useful arts ensuring that such information could not be monopolized by one entity. Presently, however, the judicial exclusions have been used to exclude fewer fundamental building blocks and more ordinary brick-and-mortar innovations after two U.S. supreme court decisions (Mayo …

Noa V. Doa: Increasing Medical Diagnostic Patentability After Mayo, Karen Mckenzie

Marquette Intellectual Property Law Review

The medical diagnostics market is expected to reach 65 billion by 2018. In March 2012, in Mayo Collborative Services v. Prometheus Labs, Inc. , ("Mayo") the U.S. Supreme held that the Mayo Clinic (the "Clinic") had not infringed on Prometheus Labs’ (“Prometheus”) diagnostic patent because the Prometheus patent involved ineligible subject matter, and was therefore invalid. Section 101 of the Patent Act defines eligible subject matter an “any new and useful process, machine, manufacture, or composition of matter” as patentable subject matter. Courts have held that Section 101 contains an implicit exception, making laws of nature, natural phenomena, and abstract …

Unmanned Aerial Vehicles: Their Use Of Satellite Services And (Space) Law, Frans Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

This chapter represents an effort to identify the components of international space law that apply to the use of unmanned aerial vehicles (UAVs). It argues that, while other national and international regimes of law apply to UAV activities, international space law is implicated only to the extent that UAV technology relies on satellite services for control and guidance purposes.

Beyond Instrumentalism: A Substantivist Perspective On Law, Technology, And The Digital Persona, Frank Pasquale, Arthur J. Cockfield

Faculty Scholarship

No abstract provided.

Failure Is Not Falling Down But Refusing To Get Up: Implication Of Huawei/Zte Framework (Cjeu 2015) In Europe, 17 J. Marshall Rev. Intell. Prop. L. 326 (2018), Ashish Bharadwaj, Dipinn Verma

UIC Review of Intellectual Property Law

The jurisprudence on standard-essential patents (SEPs) has evolved substantially in the last few years, particularly in the European jurisdictions, where EU courts have dealt with certain FRAND and antitrust issues in an unambiguous and novel manner. The 2015 landmark judgement in Huawei v. ZTE by the Court of Justice of the European Union brought clarity in understanding ‘unwilling licensee’ and laid down terms under which the holder of a FRAND-compliant SEP can seek injunctive relief that does not amount to an abuse of its dominant position. Four important judgements in Germany followed, where the regional courts have applied the CJEU …

Categories Of Anti-Obviousness Case Law: (1) Laundry Lists; (2) Redundant Advantages; And (3) Advantage Not Needed And Not Relevant, 17 J. Marshall Rev. Intell. Prop. L. 395 (2018), Tom Brody

UIC Review of Intellectual Property Law

Obviousness rejections are most commonly rebutted by arguments that the prior art fails to disclose all the claim elements or that the examiner had failed to assert a proper rationale for combining references. Additional rebuttal strategies include those based on Federal Circuit case law on: (1) Non-analogous art, (2) Rendering the prior art unsatisfactory for its intended purpose, (3) Proposed modification cannot change the principle of operation of a reference, (4) Redundant advantages, (5) Advantage provided by the secondary reference is not needed by and not relevant to the primary reference, (6) Disparate references, (7) Context differs between cited references, …

The Bot Legal Code: Developing A Legally Compliant Artificial Intelligence, Edmund Mokhtarian

Vanderbilt Journal of Entertainment & Technology Law

The advent of sophisticated artificial intelligence (AI) agents, or bots, raises the question: How do we ensure that these bots act appropriately? Within a decade, AI will be ubiquitous, with billions of active bots influencing nearly every industry and daily activity. Given the extensiveness of AI activity, it will be nearly impossible to explicitly program bots with detailed instructions on permitted and prohibited actions, particularly as they face unpredictable, novel situations. Rather, if risks to humans are to be mitigated, bots must have some overriding moral or legal compass--a set of "AI Laws"--to allow them to adapt to whatever scenarios …

"The Way I Felt": Creating A Model Statute To Address Sexual Offenses Which Utilize Virtual Reality, Ryan Esparza

Criminal Law Practitioner

No abstract provided.

Smart Machines And Smarter Policy: Foreign Investment Regulation, National Security, And Technology Transfer In The Age Of Artificial Intelligence, 51 J. Marshall L. Rev. 279 (2018), Justin Shields

UIC Law Review

No abstract provided.

A Statutory Patent Reversion Period May End The Debate On Employee Inventions, 51 J. Marshall L. Rev. 675 (2018), Yucheng Wang

UIC Law Review

No abstract provided.

Emerging Technologies Challenging Current Legal Paradigms, W. Keith Robinson, Joshua T. Smith

Faculty Journal Articles and Book Chapters

U.S. patent law has made assumptions about where new inventions will be created, who will create them, and how they will be infringed. Throughout history, emerging technologies have challenged these paradigms. This decade’s emerging technologies will allow humans to create in virtual worlds, connect billions of every day devices via the Internet, and use artificial intelligence to invent across technology fields. If countries like the U.S. wish to encourage inventors to seek patent protection in these emerging areas, then a paradigm shift in the law must occur. Specifically, the law must clarify patent eligibility, recognize the increasing role of artificial …

Exclusion In Digital Markets, Konstantinos Stylianou

Michigan Telecommunications & Technology Law Review

This article recasts the existing analytical framework on exclusion to account for the technology-intensive nature of digital markets. It discusses:

a) technological ways that affect the competitive intensity in digital markets
b) empirical data on the durability of competitive advantage in digital markets, and
c) the nature of exclusion as a monopolization tactic from a technological point of view

The technology element is important because as a matter of order it is technological capabilities and limitations that define what the transactional overlay can be, not the other way around. Economists start from the pre-assumption that “in the beginning there [are] …

The Indecency And Injustice Of Section 230 Of The Communications Decency Act, Mary Graw Leary

Scholarly Articles

Section 230 of the Communications Decency Act is a 1996 law wholly inadequate to address 21^st Century problems. The most egregious example of this is online sex trafficking, which was allowed not only to exist, but also to thrive due, in large part, to §230. This Article examines the development of the jurisprudence regarding online advertising of sex-trafficking victims and juxtaposes the forces that created § 230 with those preventing its timely amendment. This Article argues that, although § 230 was never intended to create a regime of absolute immunity for defendant websites, a perverse interpretation of the non-sex …

Touch Dna And Chemical Analysis Of Skin Trace Evidence: Protecting Privacy While Advancing Investigations, Mary Graw Leary

Scholarly Articles

Forensic science transforms criminal investigations by resolving previously unsolvable cases and bringing an increased sense of justice to communities. This application of scientific disciplines to legal questions aids investigators in solving crimes. While many sciences can be utilized—such as physics (pattern evidence), chemistry (toxicology), or biology (cause of death), to name a few—two aspects of scientific advancement have played an outsized role in responding to crime. Trace evidence analysis—specifically, deoxyribonucleic acid (DNA) analysis—is an essential component to an effective and accurate criminal justice system. DNA evidence has emerged as a powerful tool to identify perpetrators of unspeakable crimes and to …

Ai & Ip Innovation & Creativity In An Age Of Accelerated Change, Daryl Lim

Faculty Scholarly Works

From a glimmer in the eye of a Victorian woman ahead of her time, AI has become a cornerstone of innovation that “will be the defining technology of our time.” Around 2016, the convergence of computing power, funding, data, and open-source platforms tipped us into an AIdriven 4IR. AI can make a difference in accelerating disruptive innovation by bringing a data-driven approach to invention and creation. To do so, the law must embrace change and innovation as an imperative in a journey towards an ever-shifting horizon. In the creative arts, the work for hire doctrine provides a pragmatic legal vehicle …

Hey Alexa: Was It The Butter, In The Foyer, With The Candlestick? Understanding Amazon's Echo And Whether The Government Can Retrieve Its Data, Seth Weintraub

American University Business Law Review

No abstract provided.

The Uneasy Case For Patent Law, Rachel E. Sachs

Michigan Law Review

A central tenet of patent law scholarship holds that if any scientific field truly needs patents to stimulate progress, it is pharmaceuticals. Patents are thought to be critical in encouraging pharmaceutical companies to develop and commercialize new therapies, due to the high costs of researching diseases, developing treatments, and bringing drugs through the complex, expensive approval process. Scholars and policymakers often point to patent law’s apparent success in the pharmaceutical industry to justify broader calls for more expansive patent rights.

This Article challenges this conventional wisdom about the centrality of patents to drug development by presenting a case study of …

Regulating Decentralized Cryptocurrencies Under Payment Services Law: Lessons From The European Union, Asress Adimi Gikay Dr.

Journal of Law, Technology, & the Internet

Several years after the inception of the most dominant cryptocurrency, bitcoin, the European Central Bank in 2015 indicated the need for establishing legal clarity by relevant authorities through explaining how the current legal framework applies to cryptocurrencies. Three years later, no meaningful step has been taken by any of the European Union (EU) institutions including the parliament. By examining the EU’s legal framework governing payments services, including the Single Euro Payment Area (SEPA) Regulation, the Electronic Money Directive, the Payment Services Directive and the proposed AML/CTF Directive, this article concludes that (a) because the existing payment services laws apply to …

New Frontiers In Medical Privacy: Protecting The Biometric Data Of Patients In The Healthcare Industry, Jordan T. Shewmaker

Kentucky Law Journal

No abstract provided.

Ai & Ip Innovation & Creativity In An Age Of Accelerated Change, 52 Akron L. Rev. 813 (2018), Daryl Lim

UIC Law Open Access Faculty Scholarship

From a glimmer in the eye of a Victorian woman ahead of her time, AI has become a cornerstone of innovation that “will be the defining technology of our time.” Around 2016, the convergence of computing power, funding, data, and open-source platforms tipped us into an AIdriven 4IR. AI can make a difference in accelerating disruptive innovation by bringing a data-driven approach to invention and creation. To do so, the law must embrace change and innovation as an imperative in a journey towards an ever-shifting horizon. In the creative arts, the work for hire doctrine provides a pragmatic legal vehicle …

Preserving Film Preservation From The Right Of Publicity, Christopher Buccafusco, Jared Vasconcellos Grubow, Ian J. Postman

Cardozo Law Review de•novo

In this comment, we argue that whatever courts and legislatures decide to do about the other issues raised by digital animation, they should preserve the ability to use digital technology to restore and remaster existing works. In this case, at least, the benefits of digital reanimation thoroughly swamp any possible costs (and frankly, we have a hard time finding any meaningful costs). Courts and legislators should ensure that publicity rights are never allowed to trump society’s interest in having access to already created works of culture.

Changing Governance Models By Applying Blockchain Computing, Steve Young

Catholic University Journal of Law and Technology

No abstract provided.

Enforcing Constitutional Rights Through Computer Code, Steve Young

Catholic University Journal of Law and Technology

Lawmaking and enforcement has advanced since Hammurabi first wrote out his legal code thousands of years ago. Today, the American legal system relies on legislatively-enacted federal, state, county, and municipal legal codes, agency-created regulations, the judge-made common law, and various law enforcement entities. This can be a confusing and complex system of rules and their explanations with varying degrees of enforcement. Blockchain technology is an automatic and efficient alternative to written codes that must be humanly-enforced. There has been limited scholarly interest in the implications of a legal application of blockchain technology to a political system but there have been …