What are the Implications of Alice v. CLS?
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Diversity and Technology in Focus for Morgan Lewis's Incoming Chair
PREVENTING AND RESPONDING TO DATA BREACHES IN AN ERA OF CYBER INSECURITY
Stefan Hankin on Online Harassment
What Does the Supreme Court Ruling in Alice v. CLS Mean to a Software Entrepreneur?
A Moment of Simple Justice - Revenge Porn
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How Fenwick Partners Caught the Tech Wave
How is Graphene Currently Used and What is the Hope for the Future?
What is Graphene? Fenwick Patent Attorney Has the Answer
Two Tips for Inventors Filing Patent Applications
Are Criminal Laws the Right Response to Revenge Porn?
Why Law Firms Are Starting to Think Like Media Companies
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
Protecting and Enforcing Your High Technology Intellectual Property - Webinar Replay
Did the IRS Just Help or Hurt the Bitcoin Economy?
Legal Tech Startups: Separating Hype from Opportunity
Jail Time for Revenge Porn Offenses?
Polsinelli Podcast - Conducting Business in China
The 9th Circuit earlier this month decided that Section 230 of the Communications Decency Act, 47 U.S.C. § 230, does not bar claims that a networking website for models failed to warn a member that a third party might use the...more
On Monday October 6th, the U.S. Court of Appeals for the Federal Circuit will entertain oral argument in another case involving Myriad’s BRCA1/BRCA2 diagnostic tests. In re BRCA1- and BRCA2- Based Hereditary Cancer Test...more
Federal Circuit Has Jurisdiction to Decide Non-Patent Causes of Action That Involves a Substantial, Non-Hypothetical Disputed Patent Law Issue -
On September 16, 2014, a Federal Circuit panel consisting of Circuit...more
Once again, a court finds that data breach plaintiffs do not have the requisite Article III constitutional standing to pursue civil action against a retailer – itself the victim of a cyber attack. Last week, the United...more
The European Court of Justice, in a decision rendered on May 13, 2014, held that search engines are considered data controllers under the Directive of October 24, 1995 on data protection, and as such they must provide data...more
There has been significant commentary, both before and after the Supreme Court’s decision in Alice, that the various judicially created exceptions to patentability under 35 USC § 101 are not only sound, but are also...more
As you all remember, last May the European Court of Justice ruled that Google must allow the de-indexing of web pages containing personal data, further to a lawful enforcement by the relevant data subjects of their right to...more
While a controversial proposed state bill that would restrict law enforcement agencies’ use of drones is drawing criticism, the federal government is also tackling ways to regulate the use of this new technology. These...more
In the first of a pair of decisions issued last Friday, Ferring B.V. v. Watson Laboratories, Inc., the Federal Circuit affirmed a finding by the District Court that a generic company could moot ANDA litigation by amending its...more
Every now and then The Nine agree on something. Among the unanimous rulings the U.S. Supreme Court issued in the final stretch this year was Riley v. California, which held that law enforcement officials may not make a...more
In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 (“Clark”), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the “Act”). The order required...more
Authors Guild, Inc., et al. v. HathiTrust, et al. -
The U.S. Court of Appeals for the Second Circuit, affirming a district court summary judgment ruling in favor of a consortium of authors, ruled that the unauthorized...more
August 18, 2014 (Mimesis Law) -- As revenge porn laws crop up across the United States, Scott talks about some of the unintended consequences that can result from criminalizing such a broad swath of online activity....more
Under what is commonly known as “Noerr-Pennington immunity,” persons exercising their First Amendment right to petition the government for redress are generally immune from antitrust liability, even though their actions may...more
Plaintiffs hold an NDA covering tablets containing two strengths of zolpidem tartrate, which is used in the treatment of middle-of-the-night insomnia. In July 2013, TWi Pharms., Inc. (“TWi”) submitted an ANDA containing a...more
Mylan filed a complaint on April 25, 2014, challenging a letter decision by the FDA, addressing the marketing exclusivity eligibility of celecoxib Abbreviated New Drug Application applicants. Mylan then filed a motion for...more
In 2011, Illinois became one of the first states to follow New York’s lead by enacting “click-through nexus” legislation. The Illinois law created nexus for any out-of-state retailer that contracted with a person in Illinois...more
The United States Supreme Court has tackled the issue of cell phone privacy and ruled that data is different from other forms of technology. In late June, the Supreme Court issued an opinion: those of David Riley, a...more
Two recent opinions have significantly restricted the practice of warrantless collection of data stored on cell phones or by cell phone service providers. In Riley v. California the U.S. Supreme Court confirmed that a warrant...more
Case Name: Sanofi-Aventis Deutschland GmBH v. Glenmark Pharms Inc., 748 F.3d 1354 (Fed. Cir. Apr. 21, 2014) (Circuit Judges Newman, Linn and Wallach presiding; Opinion by Newman) (Appeal from D.N.J., Cavanaugh,...more
It is a very common practice. Drug sales reps visit a client, usually a hospital, a clinic or a doctor, with the sole purpose of selling a drug or medical device. That is the primary way a doctor learns about a drug or...more
The United States Supreme Court has ruled that police officers must generally secure a warrant before searching through the contents of a cell phone of a person they arrest. This decision will have important implications for...more
Employee privacy rights may have received a boost from the U.S. Supreme Court at the end of this year’s term. In Riley v. California, the most recent in a series of criminal search and seizure cases involving technology, the...more
The digital age has created a world in which over-sharing is the norm and electronic devices are capable of storing significant amounts of one’s personal information. However, in an important step to protect the privacy of...more
Since Google, a web search engine provider, became a multi-billion dollar company, it has steadfastly refused to remove internet search results on a discretionary basis. In fact, Google support expressly provides that...more
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