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Academic Commentary
27 Jan 2016
by Glenn C. Smith of California Western School of Law
edited by Dave Rodkey

JURIST Guest Columnist Glenn C. Smith of the California Western School of Law discusses the latest challenge to President Obama's immigration policy...Speculation about whether the US Supreme Court would wade into controversial issues involving immigration policy and presidential power—in an election year, no less—is over. On Tuesday, January 19, the … [read more]

Legal News
19 Jan 2016
by Taylor Isaac

The California District Court for the Northern District [official website] on Monday granted [order, PDF] Apple's [official website] motion for a permanent injunction against Samsung [official website] for infringing upon three software patents [Apple Insider report]. The patents involve data detector, "slide-to-unlock," and predictive text input software on certain older … [read more]

Legal News
16 Jan 2016
by Steven Wildberger

[JURIST] The US Supreme Court [official website] on Friday granted certiorari [order list, PDF] in eight new cases for this term. In McDonnell v. United States [SCOTUSblog backgrounder], the Supreme Court is asked to decide the meaning of "official action" under the fraud statutes used to convict former Virginia governor … [read more]

Academic Commentary
13 Jan 2016
by Robert A. Sedler of Wayne State University
edited by Dave Rodkey

JURIST Guest Columnist Robert A. Sedler of Wayne State University Law School discusses the validity of censoring disparaging trademarks...The Constitution changes everything. When the US Patent and Trademark Office (USPTO) refused to register as a trademark the name of an Asian-American rock band, The Slants [official site], on the ground … [read more]

Legal News
23 Dec 2015
by Justin Cosgrove

The US Court of Appeals for the Federal circuit [official website] ruled [opinion, PDF] Tuesday that the government cannot refuse to register trademarks that might be considered disparaging or offensive. The ruling sided with the Asian-American rock band The Slants, who tried to register the name as a trademark. The … [read more]

Legal News
21 Dec 2015
by Taylor Gillan

Swedish mobile telecom company Ericsson on Monday announced that it has signed a patent license agreement with Apple [corporate websites], ending a nearly year-long patent dispute. The deal will last for seven years and includes [AP report] a cross-license that incorporates patents owned by both companies. The out of court … [read more]

Legal News
5 Dec 2015
by Alexandra Farone

[JURIST] Samsung and Apple [corporate websites] released a joint statement [statement, PDF] Thursday with the US District Court for the Northern District of California [official website] saying that Samsung will pay Apple $548 million by Dec. 14 for infringing Apple's patents. Samsung also stated that it expects reimbursement if it … [read more]

Student Commentary
25 Nov 2015
by Xiaoying Zhang of University of Pittsburgh School of Law
edited by Marisa Rodrigues

JURIST Guest Columnist Xiaoying Zhang of the University of Pittsburgh, School of Law discusses how patent ownership disclosure should be regulated... On June 4, 2013, the White House issued five executive actions designed to increase the transparency of the patent system, ensure the highest-quality patents, reduce abusive patent litigation and … [read more]

Academic Commentary
17 Nov 2015
by James G. Hodge of Sandra Day O'Connor College of Law
edited by Marisa Rodrigues

JURIST Guest Columnists James G. Hodge Jr. of the Sandra Day O'Connor College of Law at Arizona State University and Doug Campos-Outcalt of the University of Arizona College of Medicine-Phoenix discuss the potential to legally limit anti-vaccination messages widely disseminated by political candidates...Heard enough about the potential for childhood vaccines … [read more]

15 Nov 2015
by Cristina Correnti

The term "genetically modified organisms" (GMOs) describes food with genetic material that has been manipulated through genetic engineering. This process isolates desirable genes from certain species and inserts them into another, creating plants that may look like traditionally bred species but have added characteristics that do not occur naturally. The … [read more]

Student Commentary
9 Nov 2015
by Ewelina Kemp of University of Pittsburgh School of Law
edited by Marisa Rodrigues

JURIST Guest Columnist Ewelina Kemp of the University of Pittsburgh School of Law discusses the recent developments of Patent Law in the European Union... Fall 2015 appears to be a prominent time for European Patent Law. On September 30, 2015 Italy formally became the twenty sixth EU state member involved … [read more]

Academic Commentary
3 Nov 2015
by Benjamin G. Davis of University of Toledo College of Law
edited by Alix Ware

JURIST Guest Columnist Benjamin G. Davis of the University of Toledo College of Law discusses the recent decision in Meshal v. Higgenbotham... In the Meshal decision on Friday, October 23, 2015, the US Court of Appeals for the DC Circuit found (as did the district court below) what FBI agents … [read more]

Legal News
19 Oct 2015
by Steven Wildberger

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in two sets of cases, involving patent infringement damages and energy preemption, respectively. The first set, Stryker Corp. v. Zimmer and Halo Electronics, Inc. v. Pulse Electronics, Inc. [dockets] involves the application of a rigid two-part … [read more]

Legal News
12 Oct 2015
by Taylor Gillan

[JURIST] California Governor Jerry Brown [official website] on Sunday signed into law [press release] a ban on the use of "Redskins" as a team name, nickname or mascot, making California the first state to do so. The ban, called the California Racial Mascots Act [text], will come into effect January … [read more]

Legal News
11 Oct 2015
by Jacqueline Jones

[JURIST] The Governor of California [official website] on Saturday enacted a new chapter [SB27] of the California Food and Agricultural Code [text] to enhance the regulation of antibiotic use on farm animals in the state. The new policy is more restrictive that the Food and Drug Administration's (FDA) [official website] … [read more]

Legal News
8 Oct 2015
by Brittany Felder

[JURIST] The High Court of Australia [official website] ruled [order, PDF] Wednesday that the genetic material, BRCA1 [NCI backgrounder], is not a "patentable invention" under §18(1)(a) of the Patents Act 1990 [text]. Holding [judgment summary, PDF] that allowing the gene to be patented would "involve an extension of the concept … [read more]

Student Commentary
7 Oct 2015
by Lawson Huyhn of St. John's University School of Law
edited by Elizabeth Dennis

JURIST Guest Columnist Lawson Huynh from St. John's University School of Law Class of 2016, is the second author in a twelve-part series from the staffers of the Journal of Civil Rights and Economic Development. Huyhn discusses the impact a recent Supreme Court case might have on patentability of mobile … [read more]

Legal News
18 Sep 2015
by William Helbling

[JURIST] The US Court of Appeals for the Federal Circuit [official website] ruled [opinion, PDF] Thursday that Apple should have received an injunction barring Samsung [corporate websites] from selling any devices that infringe on Apple's patents. The Federal Circuit panel ruled 2-1 that an injunction should have been given to … [read more]

Legal News
11 Sep 2015
by Ashley Hogan

[JURIST] The Lyon Appeals Court in France upheld [Euronews report] a 2012 ruling on Thursday in which the agricultural company Monsanto [website] was found guilty of chemical poisoning of French farmer Paul Francois. Francois said he suffered various neurological problems as a result of inhaling the US company's Lasso weedkiller. … [read more]

Legal News
26 Aug 2015
by Dominic Yobbi

[JURIST] Germany's highest appeal court on Tuesday affirmed [press release, in German] a 2013 decision by a lower court that invalidated a series of Apple [corporate website] smartphone patents. The ruling by the Federal Court of Justice [official website] invalidates the patents [US patent materials] regarding the "swipe to unlock" … [read more]

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