In 1979, the U.S. Supreme Court recognized an individual interest in the “practical obscurity” of certain personal information. The case was DOJ v. Reporters Committee for a Free Press. The Court held that publically available FBI rap sheets – maintained on tens of millions of people — could be withheld under FOIA because, while they … Continue reading Practical Obscurity and The Right to Be Forgotten: “Pretty Much” Privacy is Enough…
Category: Blog
The Supreme Court Requires Appellate Deference to Claim Construction Fact Finding: The Likely Upshot
The Supreme Court decided on January 20, 2015 in Teva Pharm. v. Sandoz, Inc. that F.R.Civ.P. 52(a)(6) applies to appellate review of claim construction, and that underlying factual finding by the District Court must be reviewed under the “clear error” standard. The Supreme Court relied on the text of the Rule and a long line … Continue reading The Supreme Court Requires Appellate Deference to Claim Construction Fact Finding: The Likely Upshot…
Does it Violate the First Amendment to Limit Directional Signs More than Political Signs? Looks Likely After Supreme Court Oral Argument in Reed v. Town of Gilbert, AZ.
The town of Gilbert Arizona was made famous, to me at least, when Rachel Maddow reported on the school district’s decision to remove pages of high school biology textbooks that discussed contraception. Now it’s famous for another reason. Clyde Reed, pastor of Good News Community Church, rented space at an elementary school in Gilbert, Arizona … Continue reading Does it Violate the First Amendment to Limit Directional Signs More than Political Signs? Looks Likely After Supreme Court Oral Argument in Reed v. Town of Gilbert, AZ.…
iPod trial and Steve Jobs
Steve Jobs was a revolutionary. One of the creative geniuses of all time. But did he lead his company into an antitrust violation by forcing consumers to pay more for iPods and prevent the devices from playing songs from rivals’ music stores? That is the issue that a jury is confronting in the iPod antitrust … Continue reading iPod trial and Steve Jobs…
Pharmaceutical Antitrust Complexity
The pharmaceutical industry is unique in its complexity. Markets are nuanced. Multiple regulatory regimes apply. Generic entry is an event with dramatic consequences. These characteristics have encouraged brand-name drug firms to engage in an array of conduct that exploits this complexity to delay generic entry. In this essay, I discuss these issues, focusing on two … Continue reading Pharmaceutical Antitrust Complexity…