Is Your Competitor Objectionable? The Scope of Immunity Under the Communications Decency Act
By James Kachmar
IP Law Blog
In February 1996, faced with increasing public concern about the availability of pornography on the internet, as well as recent court decisions that seem to deter efforts to filter out such content, Congress enacted the Communications Decency Act (“CDA”). As part of the CDA, Congress granted immunity to internet service providers from liability for actions they took to help users block online content that a user found to be offensive or objectionable.
Copying by Competitors is Evidence of Nonobviousness of an Invention
by Audrey A. Millemann
The IP Law Blog
The Patent and Trademark Office (PTO) may reject a patent application on several different grounds. One of those grounds is obviousness. Under 35 U.S.C. § 103, if an invention is obvious to a person of ordinary skill in the art, then it is not patentable.
In determining whether an invention is obvious, the PTO compares the invention to the “prior art” – all similar inventions that are publicly available at the time the application is filed.
When Do You NOT have the Right to Remain Silent? Conservatorship Proceedings and Equal Protection Clause Claims
By Allison M. Pedrazzi
Trusts & Estates Law Blog
Thanks to Law and Order, we’re all familiar with the beginning of a person’s Miranda Warning: “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” What many may not know, however, is that this is a right only afforded to those involved in criminal proceedings.