NDLS Communicator: Week of 01.22.18

The Latest News IP and Entrepreneurship Clinic secures patent for disease detection device Internet taxes, the Supreme Court, old decisions, and new facts Ethics and Culture Cast This Week\u27s Events Lead Yourself First: Inspiring Leadership Through Solitude, A Talk with Judge Ray Kethledge, U.S. Court of Appeals for the Sixth Circuit Faculty Meeting Faculty Colloquium, Stephanie Bair, Brigham Young University Dean\u27s Staff Update Job Talk with Jonathan W. Smith Around the Watercooler Birthdays Seeing beauty in everything (even a Midwest winter

NDLS Communicator: Week of 01.22.18

The Latest News IP and Entrepreneurship Clinic secures patent for disease detection device Internet taxes, the Supreme Court, old decisions, and new facts Ethics and Culture Cast This Week\u27s Events Lead Yourself First: Inspiring Leadership Through Solitude, A Talk with Judge Ray Kethledge, U.S. Court of Appeals for the Sixth Circuit Faculty Meeting Faculty Colloquium, Stephanie Bair, Brigham Young University Dean\u27s Staff Update Job Talk with Jonathan W. Smith Around the Watercooler Birthdays Seeing beauty in everything (even a Midwest winter

NDLS Communicator: Week of 01.22.18

The Latest News IP and Entrepreneurship Clinic secures patent for disease detection device Internet taxes, the Supreme Court, old decisions, and new facts Ethics and Culture Cast This Week\u27s Events Lead Yourself First: Inspiring Leadership Through Solitude, A Talk with Judge Ray Kethledge, U.S. Court of Appeals for the Sixth Circuit Faculty Meeting Faculty Colloquium, Stephanie Bair, Brigham Young University Dean\u27s Staff Update Job Talk with Jonathan W. Smith Around the Watercooler Birthdays Seeing beauty in everything (even a Midwest winter

Rhode Island Report on the Judiciary 2010

On the pages that follow, you will find the Judiciary’s Annual Report for 2010. It is worth pointing out that throughout 2010, the courts progressed into a new era of leadership. Just three months after I took office as Chief Justice in July 2009, Alice B. Gibney became Presiding Justice of the Superior Court, followed in 2010 by the appointments of Jeanne E. LaFazia as Chief Judge of the District Court and Haiganush R. Bedrosian as Chief Judge of the Family Court, respectively. It was only in 2008 that William R. Guglietta became Chief Magistrate of the Rhode Island Traffic Tribunal. This makes Chief Judge George E. Healy, Jr., appointed in 2004 to head the Workers’ Compensation Court, our longest-serving Chief Judge. All are making their imprints on policies, procedures, and caseload management in these rapidly evolving times

Walking the Line: Why the Presumption Against Extraterritorial Application of U.S. Patent Law Should Limit the Reach of 35 U.S.C. § 271(f)

The advent of the digital era and the global market pose unique challenges to intellectual property law. To adapt, U.S. patent laws require constant interpretation in the face of rapidly changing technological advances. In AT&T Corp. v. Microsoft Corp., the Federal Circuit interpreted 35 U.S.C. § 271(f) in a technology-dependent manner in order to effectuate the purpose of the law with respect to global software distribution. However, the Federal Circuit failed to consider the presumption against extraterritorial application of U.S. law, and its decision now risks international discord and harm not only to the American software industry, but other U.S. industries as well. This iBrief critiques the lower court decisions in AT&T Corp. v. Microsoft Corp. in light of the presumption against extraterritoriality, and analyzes how the Supreme Court should apply the presumption in its review of the case

Arbitration Case Law Update 2013

The U.S. Supreme Court and lower state and federal courts continue to decide cases under the Federal Arbitration Act (FAA) at an astounding rate. This chapter summarizes Supreme Court opinions over the past year that interpret the FAA, as well as selected lower court decisions that apply the FAA and could have an impact on securities arbitration practice

Arbitration Case Law Update 2012

Parties to arbitration agreements sometimes invoke the judicial system to litigate collateral issues arising out of the arbitration process, such as arbitrability of some or all of the claims, arbitrator bias, and award enforcement or vacatur. When deciding these collateral issues arising out of securities arbitration, courts interpret and apply the Federal Arbitration Act (FAA). This chapter identifies recent decisions by the Supreme Court under the FAA, as well as selected lower court decisions that could have an impact on securities arbitration practice

Working Without Chevron: The PTO as Prime Mover

Through a proliferation of post-issuance administrative proceedings, the U.S. Patent and Trademark Office (PTO) has become a major player in the fate of patents after their initial examination and grant. In combination with the PTO’s more traditional roles in initial examination and general guidance, new post-issuance proceedings enable the PTO to help steer the development of substantive patent law even without general provision of high-level Chevron deference for the agency’s interpretations of substantive aspects of the U.S. Patent Act. Contrary to some commentators’ suggestions, congressional authorization for new post-issuance proceedings does not appear to have included an implicit delegation of interpretive authority generally warranting Chevron deference on such matters. But the PTO can still accomplish much with lower-level deference and the advantages that its common “first mover” position provides