More Money, More Problems: The Science, the Law, and the Fight over CRISPR Patents

From Lab Bench to Court Bench: The Science, the Law, and the CRISPR Patent Dispute Whenever a new technology has the potential to be ground-breaking and extremely valuable, there are bound to be disputes about invention and ownership. From Nikola Tesla and Thomas Edison to the new space race, scientists and inventors are often driven […]

Will Google’s Alphabet Begin with B-M-W?

“A, B, C,…as easy as 1, 2, 3?” That remains to be seen. BMW may be driving Google down a bumpy road named Trademark-Infringement Lane, after Google surprised everyone on August 10th with the creation of a new company, Alphabet. I say this because the trademark “Alphabet” and the domain name alphabet.com are currently owned by German automobile-manufacturer BMW. Following the announcement, BMW reportedly […]

New Developments in Trademark Dispute of Asian-American Rock Band "The Slants" Reignite Free Speech Debate

Recent developments in the ongoing trademark dispute involving Asian American dance rock band "The Slants" have reignited discussion regarding disparaging marks and free speech. Last month the band argued before a U.S. appeals court that the government’s rejection of its trademark application pursuant to "the provision in the Lanham Act that bars disparaging trademarks violates the First Amendment and should be […]

N-C-Double Don’t: Student-Athletes’ Likenesses No Longer Free for Use

A landmark ruling on Friday August 8, 2014 determined that the National Collegiate Athletic Association  (the “NCAA”) can no longer stop its athletes from selling the rights to their own names, likenesses, and images. As such, major college student-athletes in men’s football and basketball could walk away from their locker rooms with gym bags full of […]

US Decision Baaa-d for Inventions Replicating Nature

In Re Roslin Institute, the U.S. Court of Appeals delivered a potential setback to the biotechnology industry when it confirmed that inventions which are identical to those found in nature cannot be patented. Specifically, it denied patent protection to products of the somatic cloning process invented by Campbell and Wilmut, which included Dolly the Sheep. Since Dolly possesses identical […]

The Hard Decision about Software Patents

On Monday, March 31st, the United States Supreme Court began hearing oral arguments in the case of Alice Corporation Pty Ltd v CLS Bank International. Many hope that this ruling will help bring clarity to the patentability of software and business processes under US patent law.

Garcia v Google Inc.: Copyright Ownership, ISP Liability and the Future of Freedom of Expression

In a stunning decision recently released by the United States Court of Appeals for the Ninth Circuit, Google was ordered to remove the now-infamous film, “Innocence of Muslims”, from YouTube. While the ruling challenges traditional understandings of copyright ownership and protected expression under US copyright law, the Court’s unprecedented opinion also has significant implications for […]

Inequitable Conduct in Canadian Patent Prosecution

The United States Court of Appeals for the Federal Circuit recently provided an example of when patents will be invalidated due to inequitable conduct. Canadian patent law presently has no comparable doctrine of inequitable conduct, but the US ruling provides an interesting comparative basis from which to discuss the duty of good faith in Canadian […]

Yahoo! Wins Twice At the US Foreign Intelligence Surveillance Court

On July 15th, 2013, Judge Walton of the US Foreign Intelligence Surveillance Court (“FISC”) granted a motion put forward by Yahoo on June 14th, which called for the release of more details about the government’s push in a 2008 case to obtain user data under the Protect America Act.

Will I Am: Pharrell Williams and Will.i.am In Trade-Mark Dispute

Pharrell may currently hold the #1 and #2 spots on Billboard’s Hot 100, but in the past few weeks, he made headlines due to his ongoing trade-mark dispute with Will.i.am (coincidentally, the last band to hold both the #1 and #2 spots was Will.i.am's band, The Black Eyed Peas).