Harvard Journal of Law & Technology

Headquartered in Cambridge, Mass., the Harvard Journal of Law & Technology is a law journal covering law and technology that is published quarterly by the Harvard Society for Law and Public Policy, Inc. for lawyers, law students and law professors.

Articles from Vol. 24, No. 2, Spring

A Clearinghouse: The Solution to Clearing Up Confusion in Gene Patent Licensing
TABLE OF CONTENTS I. INTRODUCTION II. WHY GENE PATENTS SHOULD NOT BE BANNED III. STEPPING STONE TO CLARITY: RESOLVING CONFUSION IN PATENT TERMINOLOGY AS APPLIED TO BIOTECHNOLOGY IV. THE SOLUTION: A BIOTECHNOLOGY CLEARINGHOUSE A. A Patent Pool: Not...
Discovering Facebook: Social Network Subpoenas and the Stored Communications Act
TABLE OF CONTENTS I. INTRODUCTION II. THE STORED COMMUNICATIONS ACT A. SCA Background B. What Does the SCA Do? 1. Parties Covered by the SCA 2. Protections and Restrictions on ECS and RCS Providers III. APPLYING THE SCA TO SOCIAL NETWORKS:...
Judicial Experience and the Efficiency and Accuracy of Patent Adjudication: An Empirical Analysis of the Case for a Specialized Patent Trial Court
I. INTRODUCTION Proponents of increased specialization in the judicial structure of patent adjudication were temporarily quieted when Congress created the U.S. Court of Appeals for the Federal Circuit ("CAFC"). However, as the consequences of establishing...
"Reasonable" Grand Jury Subpoenas: Asking for Information in the Age of Big Data
TABLE OF CONTENTS I. INTRODUCTION II. CONSTITUTIONAL AND STATUTORY BOUNDS ON THE GRAND JURY SUBPOENA III. WHY "BIG DATA" IN LOCAL AND THIRD-PARTY STORAGE CHALLENGES THE REASONABLENESS STANDARD IV. THE CASE LAW ON REQUESTING ACCESS TO DIGITALLY STORED...
Reverse Settlements as Patent Invalidity Signals
I. INTRODUCTION Over the last decade, a new type of settlement emerged in litigation over patents covering pharmaceutical products. This phenomenon passed largely unnoticed in most other litigation contexts, but in the very specific world of pharmaceutical...
Social Semiotics in the Fair Use Analysis
I. INTRODUCTION In 2008, artist Shepard Fairey created the now-iconic "Hope" poster, (1) a closely cropped image of presidential candidate Barack Obama, composed in geometric forms of red, white, and blue. The Hope poster was wildly popular with...
The Puzzle of Criminal Sanctions for Intellectual Property Infringement
TABLE OF CONTENTS I. INTRODUCTION II. HOW THEFT BECAME CRIMINAL AND INTELLECTUAL PROPERTY INFRINGEMENT BECAME THEFT III. THE PAST, PRESENT, AND POSSIBLE FUTURE OF CRIMINAL SANCTIONS IN INTELLECTUAL PROPERTY A. Criminal Sanctions in Copyright ...
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