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Top Tens in 2014: Patent, Trademark, Copyright and Trade-Secret Cases
Stephen McJohn
Abstract
The Supreme Court decided more patent cases in 2014 than any previous year. It lowered the standard for awarding fees in patent cases, clarified that the patent holder carries the burden of showing infringement even in declaratory judgment actions, lowered the standard for invalidating patent claims as vague, and rejected the theory that infringement may occur by simply adding the actions of separate parties. The most important case, Alice Corp. Pty. Ltd. v. CLS Bank Int’l, announced a test for patentable subject matter, especially for software and business method inventions, that was considerably more restrictive than case law to date.
Using the Computer Fraud and Abuse Act to Secure Public Data Exclusivity
Nicholas A. Wolfe
Abstract
In August, 2015, hackers exposed approximately 33 million user records associated with the extra-marital affair website Ashley Madison. The hackers made this data available to the public through torrents and other file sharing protocols. This data became instantly irresistible to the media and suspicious spouses everywhere. However, is accessing the user records illegal under the Computer Fraud and Abuse Act? While many legal scholars agree that accessing or publishing this data is not likely a violation of the Computer Fraud and Abuse Act, the United States Attorney’s office does not necessarily see it that way.
A new method of quantum cryptography denies espionage attempts
The Quantum Key Distribution, or QKD, used regularly in quantum cryptography is based in Heisenberg’s uncertainty principle, which states how a system is disturbed by actions as simple as being measured. If a spy acts in these systems he or she can read the signal, leaving a print that allows legitimate users to counterattack and make the system safer.
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