The Case for Prohibiting the Sale of Individual Genetic Testing Data to Third Parties
Nathaniel Jaffe Genetic technology is getting cheaper, and millions of individuals are using direct-to-consumer genetic testing (DTC-GT) services. At the same time, the scientific understanding of genetics is improving, making sequencing information more valuable for predictive medicine, research, forensics, and many other fields. In turn, genetic information has become more valuable for third parties like insurers, researchers, and pharmaceutical companies. DTC-GT providers are in a position to provide increasingly low-cost services to a growing consumer base, while stockpiling data of increasing commercial value. The sale of genetic data threatens the privacy of the individuals who provided it and opens them...
Patentability of COVID-19 Vaccines
Zoë Haggerty In many ways, the COVID-19 crisis has disproportionately affected the most vulnerable and underprivileged members of society. National lockdowns, halted economies, and overburdened hospital systems have significantly exacerbated the obstacles faced by those already financially insecure. In light of these unique and widespread challenges, it is crucial that the marginalized members of society not be neglected as global and domestic health agencies push for efficient vaccine distribution. The implications of patenting COVID-19 vaccines are likely to disadvantage such members unless measures are taken to ensure the accessibility of such vaccines. This Essay explores the options of expanding or...
Can the U.S. Government Sanction TikTok Like It Is Iran’s Nuclear Program?
Joe Swain This Essay addresses the legality of the Trump administration’s TikTok app store ban. The ban restricted individual or corporate transactions with TikTok in the United States, effectively banning its continued use in the country by restricting its access to revenue. This Essay analyzes the application of the International Emergency Economic Powers Act (IEEPA) to the Trump administration’s actions and explores the resulting case which was decided by the D.C. Circuit. Although the United States District Court for the District of Columbia ruled that the IEEPA is restricted from applying to the Chinese platform, it incorrectly interpreted the meaning...
A New Understanding of Who Is a Direct Purchaser Based on Apple Inc. v. Pepper
Jacob Mitchell A group of consumers sued Apple in 2011 alleging that Apple had violated antitrust laws through their monopolization of their App Store. In trying to dismiss the suit, Apple asserted that consumers, despite purchasing apps directly from Apple through the App Store, did not have standing to sue them as monopolists because the consumers were actually buying from the app developers. The Supreme Court rejected Apple’s argument in its 2019 ruling in Apple, Inc. v. Pepper. By rejecting Apple’s view, the Supreme Court has expanded consumers’ available remedies by clarifying that consumers that buy directly from a distributor are...
Data Privacy Concerns Regarding COVID-19 Contact Tracing Apps and Implications for the Field of Cybersecurity
Elana Lerner Brockmann The COVID-19 public health emergency has led to the development of contact tracing apps that enable governments and public health officials to track outbreaks and take appropriate measures in response. Contact tracing apps also allow individuals to be notified of potential contacts with infected individuals, promoting self-quarantine and reducing further spread of the virus. Although contact tracing apps have the potential to slow and reduce the spread of COVID-19, they have also brought to light data privacy and security concerns, which pose challenges to their overall use and efficacy. Congress should enact legislation to protect consumer data...
Privacy Rights of College Athletes: Controls on the Use of Technology to Collect Player Medical Data
Armen Grigorian College athletic departments are always looking to gain an edge over their competitors. Recently, these athletic departments have been gathering player medical data through various new technologies designed to track player performance in the hopes of better preparing for game day, but this raises many privacy concerns. College athletes are often asked to waive privacy protections for their medical data. This is problematic as there are currently no controls on what the universities can do with said data. For student-athletes to retain their privacy rights, the field must develop and implement restrictions on the accessibility of their personal...
A Welcome Limit on Design Patent Protection: Curver Luxembourg, Sarl v. Home Expressions
Casey Houlton In 2019, the United States Court of Appeals for the Federal Circuit addressed the scope of design patent law in Curver Luxembourg, SARL v. Home Expressions. The court held that a design patent must be limited to a particular article of manufacture. As such, claim language may be used to limit the scope of a design patent to a particular article of manufacture if an article is not specified in the claim’s figures. Although the court’s failure to define an article of manufacture may result in some difficulties with Curver’s application, the court’s decision is consistent with the...
Potential Impact of Section 106 of the Stronger Patents Act on the Biotechnology Industry
Jeffrey Buckman A permanent injunction is the strongest remedy available to a patent holder in a patent infringement case. Throughout much of U.S. patent litigation history, plaintiffs were presumptively entitled to a permanent injunction when a defendant infringed the plaintiff’s valid patent. In 2006, however, in eBay Inc. v. MercExchange, the Supreme Court of the United States altered the standard for awarding permanent injunctions in patent infringement cases. In eBay, the Court held that patent holders are not presumptively entitled to permanent injunctions and instead must satisfy the traditional four-factor permanent injunction test. In June 2019, the House of Representatives...
Curbing Widespread Discrimination by Artificial Intelligence Hiring Tools: An Ex Ante Solution
Bradfield E. A. Biggers Artificial intelligence (AI) acolytes insist AI will pave the way for idealistic workplace hiring. Their idea is that AI can circumvent common human frailties, such as prejudices and narrow-mindedness, to achieve social and economic equality. Yet inherent biases permeating into AI algorithms stifle society’s goal of promoting equality in the workplace. Despite a growing awareness of AI’s potential for prejudice, politicians are slow to support substantial legislation regulating AI. Nevertheless, the judiciary will inevitably be tasked with addressing discrimination by AI technologies through an unprecedented construction of Title VII of the Civil Rights Act of 1964....
Applied Natural Language Processing for Law Practice
Brian S. Haney Scholars, lawyers, and commentators are predicting the end of the legal profession, citing specific examples of artificial intelligence (AI) systems out-performing lawyers in certain legal tasks. Yet, technology’s role in the practice of law is nothing new. The Internet, email, and databases like Westlaw and Lexis have been altering legal practice for decades. Despite technology’s evolution across other industries, in many ways the practice of law remains static in its essential functions. The dynamics of legal technology are defined by the organization and quality of data, rather than innovation. This Article explores the state of the art...