Yearly Archives: 2013

Three states have recently passed legislation authorizing online gambling within their borders. Proponents of online gambling are drafting similar legislation in other states and even in Congress. In addition to examining these recent legalization efforts, this post takes a look at the complicated history of online gambling in the United ...

BTLJ is excited to welcome Jane C. Ginsburg of Columbia Law School on April 18–19, 2013 to the 17th Annual BTLJ/BCLT Symposium: Reform(aliz)ing Copyright for the Internet Age?. This is a summary of Professor Ginsburg’s topic of discussion and forthcoming article:   Copyright formalities are back in fashion, but their acolytes have ...

BTLJ is excited to welcome Molly S. Van Houweling of Berkeley Law on April 18–19, 2013 to the 17th Annual BTLJ/BCLT Symposium: Reform(aliz)ing Copyright for the Internet Age?. This is a summary of Professor Van Houweling’s topic of discussion and forthcoming article:   Intellectual property scholars often contrast tangible and intangible ...

BTLJ is excited to welcome Daniel Gervais of Vanderbilt Law School on April 18–19, 2013 to the 17th Annual BTLJ/BCLT Symposium: Reform(aliz)ing Copyright for the Internet Age?. This is a summary of Professor Gervais’s topic of discussion and forthcoming article:   The policy that copyright protection vests as soon as a work ...

Last Fall, Derek Khanna, then an intern at the Republican Study Committee (RSC) released a policy brief concerning copyright entitled “Three Myths about Copyright Law and Where to Start to Fix it.” Khanna insisted, based on a textualist reading of the constitution, that copyright has become too favorable to the ...

The Supreme Court recently handed down its decision in Kirtsaeng v. John Wiley & Sons, a copyright exhaustion case concerning the sale of “gray-market” works published outside the United States and imported for sale. In a surprisingly decisive 6-3 decision, the Court reversed the Second Circuit’s decision and held that ...

In Already LLC. v. Nike, Inc. the Supreme Court recently held that a broad covenant not to sue hinders defendant’s counterclaims of trademark invalidity. Therefore, by choosing to proffer a covenant not to sue, Nike eliminated any legal controversy between the parties such that Already was not able to raise counterclaims of invalidity ...

The Fourth Amendment generally requires that government searches must be reasonable, which typically can be satisfied via a warrant. Searches at the border, however, traditionally occupy a special status in connection with U.S. Fourth Amendment law. Recognizing that “the government’s interest in preventing the entry of unwanted persons and effects is at ...

On April 15, 2013, the Supreme Court will hear the oral arguments for one of the most highly anticipated patent law cases of last year: Association for Molecular Pathology, Inc, et al. v. USPTO, et al. The one and only question before the Supreme Court is whether isolated DNA containing all or ...

What’s the case about? The Doctrine of Patent Exhaustion holds that the authorized sale of a patented item extinguishes all of the patent holder’s rights to it. Any subsequent use of that item by the purchaser is not infringement. In other words, the purchaser of a patented item can do ...