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The District of Colorado recently handed down an order in United States v. Fricosu requiring the defendant to decrypt the contents on her laptop so the government could access it. According to the Court, compelled decryption did not violate the Fifth Amendment’s bar against compelled self-incrimination. In reaching this decision, ...

Complete Volume 27, Annual Review 2012 Complete Volume (PDF 10,544KB) Front Matter Front Matter (PDF 381KB) Articles Foreword (PDF 251KB) by Ryan Iwahashi, Britt Lovejoy Patent Law Fighting the Smartphone Patent War with RAND-Encumbered Patents (PDF 366KB) by Thomas H. Chia Gene Patents: Balancing the Myriad Issues Concerning the Patenting of ...

Complete Volume 27, Symposium 2012 Complete Volume (PDF 2,822KB) Front Matter Front Matter (PDF 170KB) Articles Orphan Works & Mass Digitization: Obstacles & Opportunities (PDF 147KB) by Maria A. Pallante Private Digital Libraries and Orphan Works (PDF 232KB) by Randal C. Picker The Orphans, the Market, and the Copyright Dogma: ...

The European Court of Justice in Luxemburg ruled on October 18, 2011 in a landmark decision in the case C-34/10 Oliver Bruestle v Greenpeace e.V. and barred embryonic stem cell patents in Europe. In its ruling, the Court said that “a process which involves removal of a stem cell from ...

Complete Volume 27, Issue 2 Complete Volume (PDF 1,921KB) Front Matter Front Matter (PDF 167KB) Articles Priority and Novelty Under the AIA (PDF 218KB) by Robert P. Merges Considering Copyright Rulemaking: The Constitutional Question (PDF 350KB) by Andy Gass Seven Reasons Why Trade Secrets Are Increasingly Important (PDF 260KB) by ...

Complete Volume 27, Issue 1 Complete Volume (PDF 1,748KB) Front Matter Front Matter (PDF 270KB) Articles Anticompetitive Innovation and the Quality of Invention (PDF 401KB) by Alan Devlin, Michael Jacobs Mixed Reality: How the Laws of Virtual Worlds Govern Everyday Life (PDF 496KB) by Joshua A. T. Fairfield Can You ...

Overview Google’s market dominance has attracted the attention of the press, competitors, and now the federal government. Recent articles, cases, and hearings seem to point toward an inevitable collision between the industry giant and the Sherman Act, the federal statute governing antitrust issues. Complaints from competitors have thus far yielded ...

Overview On November 8, 2011, the United States Supreme Court heard oral arguments in United States v. Jones, a case involving the warrantless placement of a GPS device on Antoine Jones’ vehicle by law enforcement and the subsequent tracking of Jones’ movements in his vehicle. While the Court has not ...

Overview The Supreme Court’s recent declination to hear an appeal from the American Society of Composers, Authors and Publishers (“ASCAP”) regarding the Second Circuit’s decision in United States v. American Society of Composers, Authors and Publishers, 627 F.3d 64 (2d Cir. 2010), has provided the digital music industry with a ...

On March 16, 2011, the Southern District of New York denied former Goldman Sachs programmer Sergey Aleynikov’s motion to dismiss his conviction for theft of trade secrets under the Economic Espionage Act (“EEA”). The court held that the evidence was sufficient to show that Aleynikov had stolen trade secrets and ...