RIIPL conference: After Actavis: Litigating Reverse Payments Register Now Since the landmark United States Supreme Court decision in FTC v. Actavis, courts use the rule of reason to scrutinize payments from brand drug companies to generic drug companies in settling patent infringement cases. But how should they do so? What must plaintiffs show to invoke … Continue reading RIIPL conference: Feb. 27 at USF Law School…
Category: Blog
Time to Raise the Shield
By: Brittney Cafero ’15 February 17, 2015 On January 26, 2015, Jeffrey Sterling was convicted under the Espionage Act for leaking classified information to a New York Times reporter. This was the latest in a series of prosecutions the Obama Administration has pursued to stop leakers. In two prosecutions of leakers, the federal government subpoenaed … Continue reading Time to Raise the Shield…
Freedom of Emoji
By Miranda Browne (‘16) In mid-January Osiris Aristy, a Brooklyn teenager, was arrested for allegedly threatening the NYPD using emoji in his Facebook status updates. Aristy posted “N**** run up on me, he gunna get blown down,” then an emoji of a police officer followed by three guns. Later than night, he followed it up … Continue reading Freedom of Emoji…
Practical Obscurity and The Right to Be Forgotten: “Pretty Much” Privacy is Enough
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…
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…