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Bilski v. Kappos, Mayo v. Prometheus, and CLS Bank v. Alice Corp.: The Death of the Machine-or-Transformation Test and the Effects on Software Patent Prosecution

By   /  May 11, 2013  /  Intellectual Property, Online Exclusive, Patent Law 

Patent Stamp

The Machine-or-Transformation test served as the primary test used by the courts to determine whether patent claims were drawn to statutory subject matter under § 101 of the Patent Act, until the Supreme Court’s decisions in Bilski v. Kappos and Mayo v. Prometheus rendered the test useless.

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A Cumulative Approach to Ineffective Assistance

By   /  June 1, 2012  /  6th Amendment, Constitutional Law 

Man Behind Bars

This case concerns a conviction that was overturned based on the appellant’s receiving representation that amounted to ineffective assistance of counsel. While the claim of ineffective assistance of counsel has been well established, and its parameters substantially defined, this case broadened the general scope. The court did not find any particular action by defense counsel to have amounted to ineffective assistance, but instead, by evaluating counsel’s performance throughout the duration of the trial, the court held that the overall performance was so lacking that the cumulative effect of counsel’s conduct amounted to a violation of a criminal defendant’s constitutional right to meaningful representation.

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Vehicle Checkpoints: The Ever-Expanding Array of Purposes for Which a Vehicle May Be Stopped

By   /  June 1, 2012  /  4th Amendment, Constitutional Law 

DUI Sign

This case note examines the law as it relates to vehicular stops made by law enforcement, with particular focus on vehicle checkpoint stops. Close attention is paid to the types of checkpoints that have been upheld, the specific law enforcement goals for which checkpoint stops may be operated, as well as the Fourth Amendment implications raised by vehicle checkpoint stops.

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