Vol. 10 (2014)

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Michael D. Murray, Post-Myriad Genetics Copyright of Synthetic Biology and Living Media, 10 OKLA. J.L. & TECH. 72 (2014)

"This article addresses copyright as a viable form of intellectual property protection for living, organic creations of science and art. The United States Supreme Court’s decision in Association for Molecular Pathology v. Myriad Genetics, Inc. narrowed patent-eligible protection over living components of humans or other organisms. Synthetic biologists are expected to look with renewed focus on copyright law for the intellectual property protection of biological creations. The contribution of this article is to reveal that the same issues are raised with regard to the copyrightability of the works of synthetic biology as are raised by pictorial, graphic, and sculptural arts that use and produce living media as their works."

Nicholas Godlove, Regulatory Overview of Virtual Currency, 10 OKLA. J.L. & TECH. 71 (2014)

"Whether due to their apparent ease in facilitating money laundering and procuring illegal substances without involving established financial institutions, or merely because they have received a lot of press lately, Bitcoins have increasingly come under scrutiny by the regulatory agencies of various state, federal and international governments.  In all statements so far, these regulatory bodies have been intentionally vague and speculative regarding how and when such enforcement would take place.  Several tremulous steps taken by committees on the nascent technology have been characterized by fundamental misconceptions as to the nature of virtual currency.  The questions that have been left unanswered include: Is there a purpose to be served in such regulation? And, how would such regulation be conducted? This article seeks to provide preliminary answers to those questions, and to posit a framework for considering virtual currency in a regulatory framework that will grow as the incipient technology develops."

Michael McTee, E-Sports: More Than Just a Fad, 10 OKLA. J.L. & TECH. 70 (2014)

"The phenomenon known as e-sports is rapidly growing in popularity and gaining support as a legitimate sport.  E-sports has even recently earned a segment on HBO’s Real Sports, where it was shown that due to the required mental agility, training, and knowledge, League of Legends players might be considered as a form of athlete.   With this recognition, though, comes a need to see how e-sports will fit into current law.  As the United States recognizes players as professional athletes, even giving foreign players a specialized visa to come play in the country, this analysis will look at how the law might establish it as a sport and the players as athletes, how collegiate play might be affected if it were established, and what copyright issues might arise between the players and creators of the games."

Jeremy McKinney, 'It's a Trap':  cDNA Is Patent Eligible!  But Is It Patentable?, 10 OKLA. J.L. & TECH. 69 (2014)

"On June 13, 2013, the Supreme Court issued a long-awaited decision in Ass'n for Molecular Pathology v. Myriad Genetics, Inc. (a.k.a. the Myriad gene patents case). The Court, in a rare unanimous decision, held that “a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated, but that cDNA is patent eligible because it is not naturally occurring.”  This ruling upset thirty years of settled expectations, as inventors and companies have relied on patent protection for their work in gene isolation. This case note will explore the implications of this ruling on future research, and innovation in the wake of the Court’s decision."

Zachary Lee, CLS Bank International v. Alice Corp. Pty. Ltd.:  Determining a Standard for Abstract Idea Patent Eligibility, 10 OKLA. J.L. & TECH. 68 (2014)

"To encourage innovation, patent eligibility is defined broadly by the categories identified in § 101 of the Patent Act of 1952. The Supreme Court has identified three implicit exceptions to patent eligibility: “laws of nature, physical phenomena, and abstract ideas,” in order to preserve free public access to fundamentally important concepts.  Patents that involve processing otherwise-abstract ideas on computers have proven difficult to evaluate under § 101 and the abstract-idea exception. In determining the patent eligibility of a method claim reciting the use of a computer as a limitation, the Federal Circuit has looked to whether the computer plays “a significant part” in the invention or is merely “an obvious mechanism for permitting a solution to be achieved more quickly.”  However, the court has not established a clear rule for determining whether a computer plays a “significant part” in performing a claimed software method. Recently, in CLS Bank International v. Alice Corp. Pty. Ltd., the Federal Circuit considered the patent eligibility of claims describing a method and system for “the management of risk relating to specified, yet unknown, future events.” CLS Bank illustrates that the Federal Circuit's current approach to patent eligibility of software methods is indeterminate and can lead to seemingly contradictory results in similar cases, producing large amounts of uncertainty surrounding patentability and thus harming innovation."

Ash Moore, Digital Effects: The Fourth Amendment and Computer Searches Warrants, 10 OKLA. J.L. & TECH. 67 (2014)

"This paper uses the physical computer and the Fourth Amendment to explore the larger concept of privacy rights in an increasingly digitized world. Part I traces the origin of the Fourth Amendment. Part II follows the Amendment’s development through its almost 300-year history. Part III explores how the Fourth Amendment and computers currently relate to one another. Part IV puts this paper’s discussion in a modern context and finally, Part V explains why physical computers deserve more protection than they currently receive because they now contain more “intimate details of the home” than any other object ever imagined."