Science and Technology Law Commons^™

Proximate Vs. Geographic Limits On Patent Damages, Stephen Yelderman

IP Theory

The exclusive rights of a U.S. patent are limited in two important ways. First, a patent has a technical scope—only the products and methods set out in the patent’s claims may constitute infringement. Second, a patent has a geographic scope—making, using, or selling the products or methods described in the patent’s claims will only constitute infringement if that activity takes place in the United States. These boundaries are foundational features of the patent system: there can be no liability for U.S. patent infringement without an act that falls within both the technical and geographic scope of the patent.

Once liability …

Intellectual Property, Surrogate Licensing, And Precision Medicine, Jacob S. Sherkow, Jorge L. Contreras

IP Theory

The fruits of the biotechnology revolution are beginning to be harvested. Recent regulatory approvals of a variety of advanced therapies—Keytruda (pembrolizumab), Kymriah (tisagenlecleucel), and patisiran—have ushered in an age of “precision medicine” treatments that target patients’ specific genetic, physiological, and environmental profiles rather than generalized diagnoses of disease. Therapies like these may soon be supplemented by gene editing technologies such as CRISPR, which could enable the targeted eradication of deleterious genetic variants to improve human health. But the intellectual property (IP) surrounding precision therapies and their foundational technology remain controversial. Precision therapies ultimately rely—and are roughly congruent with—basic scientific information …

Internet-Of-Things Devices, Intellectual Property, Venture Capital, China Manufacturing, And The Art Of A Clean Deal: Who Owns What?, Carr, Chris, Harris, Dan

Santa Clara High Technology Law Journal

Internet-of-Things Devices, Intellectual Property, Venture Capital, China Manufacturing, and the Art of a Clean Deal: Who Owns What?

Call For Standardization In Patent Claim Drafting, Zhang, Tao, Sherwinter, Daniel J., Greenbaum, Dov

Santa Clara High Technology Law Journal

Call for Standardization in Patent Claim Drafting

Not-So-Smart Blockchain Contracts And Artificial Responsibility, Adam J. Kolber

Faculty Scholarship

No abstract provided.

The Fight Over Encryption: Reasons Why Congress Must Block The Government From Compelling Technology Companies To Create Backdoors Into Their Devices, Shannon Lear

Cleveland State Law Review

Advances in technology in the past decade have blurred the line between individuals’ privacy rights and the government’s ability to access information. How should this issue be handled in a manner that balances the privacy rights of individuals and the government’s access to information in the interest of national security?

This Note proposes a bright-line rule that would continue to allow the government to obtain specific information from a data service provider without forcing the company to circumvent its own security features. Under this rule, a company shall relinquish specific information in its control or possession only by court order …

Intellectual Property Litigation In The Digital Age: 2018 Spring Symposium, Paul Llewellyn, Eleanor M. Lackman, Martin Schwimmer

Cardozo International & Comparative Law Review

The article explores the evolution of intellectual property law in the digital age, focusing on trademarks and copyrights. It examines how courts and regulatory bodies like ICANN have addressed challenges such as trademark use in online contexts, digital copyright enforcement, and domain name disputes. The analysis highlights the adaptability of legal frameworks to new technologies and the ongoing efforts to balance intellectual property rights with the functional aspects of the internet.

Beyond Rights And Welfare: Democracy, Dialogue, And The Animal Welfare Act, Jessica Eisen

University of Michigan Journal of Law Reform

The primary frameworks through which scholars have conceptualized legal protections for animals—animal “rights” and animal “welfare”—do not account for socio-legal transformation or democratic dialogue as central dynamics of animal law. The animal “rights” approach focuses on the need for limits or boundaries preventing animal use, while the animal “welfare” approach advocates balancing harm to animals against human benefits from animal use. Both approaches rely on abstract accounts of the characteristics animals are thought to share with humans and the legal protections they are owed as a result of those traits. Neither offers sustained attention to the dynamics of legal change …

How Machines Learn: Where Do Companies Get Data For Machine Learning And What Licenses Do They Need?, Rachel Wilka, Rachel Landy, Scott A. Mckinney

Washington Journal of Law, Technology & Arts

Machine learning services ingest customer data in order to provide refined, customized services. Machine learning algorithms are increasingly prominent in multiple sectors within the software-as-a-service industry including online advertising, health diagnostics, and travel. However, very little has been written on the rights a company utilizing machine learning needs to obtain in order to use customer data to improve its own products or services. Machine learning encompasses multiple types of data use and analysis, including (a) supervised machine learning algorithms, which take specific data provided in a tagged and classified format to deliver specific predictable output; and (b) unsupervised machine learning …

Humans Forget, Machines Remember: Artificial Intelligence And The Right To Be Forgotten, Eduard Fosch Villaronga, Peter Kieseberg, Tiffany Li

Faculty Scholarship

To understand the Right to be Forgotten in context of artificial intelligence, it is necessary to first delve into an overview of the concepts of human and AI memory and forgetting. Our current law appears to treat human and machine memory alike – supporting a fictitious understanding of memory and forgetting that does not comport with reality. (Some authors have already highlighted the concerns on the perfect remembering.) This Article will examine the problem of AI memory and the Right to be Forgotten, using this example as a model for understanding the failures of current privacy law to reflect the …

How Subterranean Regulation Hinders Innovation In Assisted Reproductive Technology, Myrisha S. Lewis

Faculty Publications

Most scholars believe assisted reproductive technology is subject only to minimal regulation, especially by the federal government. This belief, I contend, is wrong. In this Article, I examine agency documents, statements by officials, and letters that the U.S. Food and Drug Administration (FDA) has sent to physicians and researchers over the past fifteen years to reveal an overlooked regulatory program. The FDA has been targeting new forms of assisted reproductive technology that involve small genetic modifications (advanced assisted reproductive technologies or AARTs) through regulatory actions that receive little public, media, or scholarly attention. I term this method of regulation “subterranean …

A Legal Perspective On The Trials And Tribulations Of Ai: How Artificial Intelligence, The Internet Of Things, Smart Contracts, And Other Technologies Will Affect The Law, Iria Giuffrida, Fredric Lederer, Nicolas Vermeys

Faculty Publications

No abstract provided.

How Subterranean Regulation Hinders Innovation In Assisted Reproductive Technology, Myrisha S. Lewis

Cardozo Law Review

Most scholars believe assisted reproductive technology is subject only to minimal regulation, especially by the federal government. This belief I contend, is wrong. In this Article, I examine agency documents, statements by officials, and letters that the U.S. Food and Drug Administration (FDA) has sent to physicians and researchers over the past fifteen years to reveal an overlooked regulatory program. The FDA has been targeting new forms of assisted reproductive technology that involve small genetic modifications (advanced assisted reproductive technologies or AARTs) through regulatory actions that receive little public, media, or scholarly attention. I term this method of regulation "subterranean …

Intellectual Property Channeling For Digital Works, Lucas S. Osborn

Cardozo Law Review

Market economies are based on free competition, which can include copying. Yet intellectual property protection in the United States prohibits copying in certain circumstances to incentivize innovation and creativity. New breeds of digital works are challenging our historical application of intellectual property law. These include certain categories of software programs as well as digital manufacturing files. These new works look deceptively like works from a previous era and thus, courts might languorously treat them as they have older works. This would be a mistake. This Article analyzes these works in terms of existing intellectual property doctrine and constructs a normative …

Artificially Intelligent Lawyers: Updating The Model Rules Of Professional Conduct In Accordance With The New Technological Era, Katherine Medianik

Cardozo Law Review

No abstract provided.

Deconstructing The Dao: The Need For Legal Recognition And The Application Of Securities Laws To Decentralized Organizations, Laila Metjahic

Cardozo Law Review

This Note will begin with background information on the construction of a blockchain and its function in decentralized organizations like the DAO, followed by a discussion on smart contracts and their role in decentralized organizations and the DAO. This Note will then analyze the legal status of partnerships and joint ventures. This Note proposes that the U.S. legal system must clarify the legal status of these organizations and as such should classify the DAO as a general partnership. Assuming the DAO is a general partnership, the question arises as to whether shareholders in the DAO have interests that would be …

Citrus Groves In The Cloud: Is Cryptocurrency Cloud Mining A Security?, Sandler, Darren J.

Santa Clara High Technology Law Journal

Citrus Groves in the Cloud: Is Cryptocurrency Cloud Mining a Security?

Steering (Or Not) Through The Social And Legal Implications Of Autonomous Vehicles, Melissa L. Griffin

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

These Walls Can Talk! Securing Digital Privacy In The Smart Home Under The Fourth Amendment, Stefan Ducich

Duke Law & Technology Review

Privacy law in the United States has not kept pace with the realities of technological development, nor the growing reliance on the Internet of Things (IoT). As of now, the law has not adequately secured the “smart” home from intrusion by the state, and the Supreme Court further eroded digital privacy by conflating the common law concepts of trespass and exclusion in United States v. Jones. This article argues that the Court must correct this misstep by explicitly recognizing the method by which the Founding Fathers sought to “secure” houses and effects under the Fourth Amendment. Namely, the Court must …

Fintech's Double Edges, Christopher G. Bradley

Chicago-Kent Law Review

This symposium essay examines the double-edged nature of financial technologies in financial transactions, especially transactions involving consumers. There are both benefits and risks—often undiscovered or hidden at first—in each new round of financial technologies. A FinTech tool may benefit consumers and then, applied later or in a different context, threaten consumer interests; a tool that harms consumer interests may then lead to development of a tool that favors them. This double-edged nature is an important but unappreciated structural feature of financial technologies. From the perspective of consumer protection, then, FinTech can neither be fully embraced as friend nor restricted as …