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By Caio Nunes, LL.M. 2022 What does “unfair competition” mean from an American legal standpoint? The answer should be simple, but it most definitely is not. The first usage of this term in Anglo-Saxon common law referred to “attempts by one merchant to palm off inferior goods as those of ...

By Raphael Dionis, LL.M. 2022 On January 18, 2022, Microsoft sent shockwaves through the video game industry by announcing its acquisition of video game developer Activision for $68.7 billion. By Microsoft’s own account, this acquisition will turn Microsoft into the third largest gaming company by revenue, behind Tencent and Sony. ...

COMPLETE VOLUME 36, ISSUE 1 Complete Issue FRONT MATTER Front Matter ARTICLES Privacy Self-Help by Steven H. Hazel Antitrust in the Consumer Platform Economy: How Apple Has Abused Its Mobile Platform Dominance by Shili Shao Why 72 Intellectual Property Scholars Supported Google’s Copyrightability Analysis in the Oracle Case by Pamela ...

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  [NATE] 0:14 You’re listening to the Berkeley Technology Law Journal Podcast. I’m Nathaniel Kellerer.   [ANDY] 0:19 And I’m Andy Zachrich. In today’s episode of our podcast we will be speaking about California Privacy Laws and the California Privacy Protection Agency.   [NATE] 0:29 In 2018, the California Consumer ...

COMPLETE VOLUME 36, DESIGN PATENTS SYMPOSIUM Complete Volume FRONT MATTER Front Matter ARTICLES Design Patent Law’s Identity Crisis by Peter S. Menell & Ella Corren A Primer on Design Patent Functionality by Perry J. Saidman Design Patents Are Theft, Not Just A “Fraud-Upon the Public,” Who Need Legislation to Restore ...

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  [ANNOUNCER] 0:00 Welcome to the Berkeley Technology Law [Journal] Podcast.   [BEN] 0:08 This is Ben Brokesh, and you’re listening to the Berkeley Technology Law Journal podcast. On August 23, 2020, in Kenosha, Wisconsin, police officers shot 29-year-old Jacob Blake seven times, leading him to be partially paralyzed. This ...

COMPLETE VOLUME 35, ISSUE 4 Complete Issue FRONT MATTER Front Matter ARTICLES Foreword by Julea Lipiz & Miranda Rutherford A Framework for Patent Exhaustion of Self-Replicating Technologies by Liz Freeman Rosenzweig Capricious Patent Boundaries: The “Reliberalization” of Post-Issuance Patent Claim Amendments by Julien Crockett Re-Classifying Governmental Petitioners as “Persons” in ...

By Ali Ebshara, LL.M. 2021 On September 2, 2021, the U.S. District Court for the Eastern District of Virginia in Thaler v. Hirshfeld ruled in favor of the United States Patent and Trademark Office (USPTO), stating that an artificial intelligence (AI) cannot be listed as an inventor on a patent. ...