Digital Commons Network^™

The Angel On Your Shoulder: Prompting Employees To Do The Right Thing Through The Use Of Wearables, Timothy L. Fort, Anjanette H. Raymond, Scott J. Shackelford

Northwestern Journal of Technology and Intellectual Property

The wearable revolution is upon us. Bulky chest straps and large wristbands are going the way of flip cellphones and floppy disks. In the near future, for example, it may be commonplace for athletes to wear Biostamps or smart T-shirts with embedded sensors during practices, games, and even sleep. And while athletic competitors may have been one of the first movers in the area, health care, the military, and the industrial sector have all begun to use wearables to harness vast treasure troves of information destined to provide highly individualized feedback. The possibilities are almost endless when such personal information …

University Technology Transfer - Profit Centers Or Black Holes: Moving Toward A More Productive University Innovation Ecosystem Policy, Brian K. Krumm

Northwestern Journal of Technology and Intellectual Property

A great deal has been written over the years commenting on the strengths and weaknesses of the current system by which federal research funding has not produced the ideal results in terms of commercialization of inventions which are developed from such funding. The Bayh-Doyle Act was enacted in an attempt to provide a single uniform national policy which would cut through the government bureaucracy and encourage collaboration between universities and private industry to ensure that federally funded, commercially viable inventions were brought to market in an efficient manner. The question remains however, with the myriad of competing political and economic …

Making Civilian Drones Safe: Performance Standards, Self-Certification, And Post-Sale Data Collection, Henry H. Perritt, Albert J. Plawinski

Northwestern Journal of Technology and Intellectual Property

With millions of small drones in private hands, the FAA continues its struggle to develop an effective regulatory regime to comply with Congress’s mandate to integrate them into the national airspace system. Thousands of individuals and small businesses have obtained authorization from the FAA—"section 333 exemptions"—allowing them to fly their drones commercially. Farmers, TV stations, surveyors, construction-site supervisors, real estate agents, people selling their properties, and managers seeking cheaper and safer ways to inspect their facilities, want to hire the exemption holders, but many are holding back until the FAA clarifies the groundrules.

The FAA understands that its traditional approach …

The Digital Inheritance Of Mobile Apps: Where’S The App For That?, Edwin Cruz

Northwestern Journal of Technology and Intellectual Property

Digital inheritance laws relating to mobile applications are largely unsettled as courts and legislatures grapple with how to treat new types of digital property. As developers of mobile applications pass away, many revenue-producing applications may become ownerless, which would remove the benefit to both developers’ heirs and to the public user base. Moreover, successors with motives and skills not aligned with those of the original developers may prove to be harmful to the financial viability and character of an otherwise profitable app. Currently, successors view profitable mobile applications left by deceased developers as meal tickets and nothing more. This can …

Press Clause And 3d Printing, Jasper L. Tran

Northwestern Journal of Technology and Intellectual Property

Judges and scholars have argued that the “freedom . . . of the press” not only protects the press as an industry, but also protects the use of the printing press and its modern equivalents as a technology. This paper argues that the Constitution’s Framers intentionally used the phrase “the press,” rather than “journalism” or “communication” in the Press Clause, to protect technologies unknown at the time, which necessarily include the 3D printer—the modern equivalent of the printing press.

3d Printing: Digital Infringement & Digital Regulation, Tabrez Y. Ebrahim

Northwestern Journal of Technology and Intellectual Property

3D printing is a rapidly-growing technology that enables creation of three-dimensional solid objects made from a digital Computer Aided Design (“CAD”) file. Patent law issues are particularly relevant and uncertain in the realm of 3D printing. Thus, analysis of the Patent Act is needed to better understand direct infringement (of either the use of a 3D printer, of a CAD file, or under the doctrine of equivalents), indirect infringement, and contributory infringement in the context of 3D printing. A key issue in this analysis is whether a CAD file should be viewed as making the object itself, since 3D printing …

Reexamining Reexamination: Preventing A Second Bite At The Apple In Patent Validity Disputes, Nick Messana

Northwestern Journal of Technology and Intellectual Property

Throughout the centuries, patent law has developed and adapted to changing conditions. In particular, the growing importance of patents in innovation and economic performance has driven changes and advancement in patent law. As the number of patents filed has grown year after year, patent litigation has increased proportionately and placed strains on the judiciary. Preservation of judicial resources has necessitated an increasing reliance on administrative courts to help keep pace with the burgeoning caseload. At the same time however, the increase in patent litigation and the increasing reliance on administrative courts in supplanting the role of the judiciary has had …

Through The Alice Corp. Looking Glass: Using Pragmatic Arguments To Bring Predictability To Patent Law, Jason B. Portis

Northwestern Journal of Technology and Intellectual Property

Within the last four years, multiple institutional actors that have largely remained dormant in the scope of innovation policy and patents have undertaken a surprisingly interventionist reform of patent law. Congress, administrative agencies, and the Supreme Court have all recently shaped patent law to be more pragmatic and less overtly formalistic. Conversely, the Court of Appeals for the Federal Circuit has staunchly defended a formalist approach to patent law, advocating consistently for bright-line rules.

The Federal Circuit has been charged with bringing predictability to patent law since its creation in 1982. The Federal Circuit attempts to bring predictability and uniformity …

Fiduciary Duties Of Directors When Managing Intellectual Property, Irah H. Donner

Northwestern Journal of Technology and Intellectual Property

The law covering corporate director duties pertaining to management of intellectual property assets is evolving, making it important for directors to remain up-to-date on any and all changes in management procedures and best practices. Generally, courts treat intellectual property assets like any other corporate asset, which means directors must approach intellectual property with the same due care as they would any other asset.

For example, directors must be informed of the value of their intellectual property and always remember their duty of loyalty to their shareholders. Similarly, courts require directors to implement necessary internal controls to protect their corporation’s intellectual …

Do Not Pass Go, Do Not Stop For Summary Judgment: The U.S. District Court For The District Of Delaware’S Seemingly Disjunctive Yet Efficient Procedures In Hatch-Waxman Litigation, Katherine Rhoades

Northwestern Journal of Technology and Intellectual Property

With the multi-billion dollar generic pharmaceutical industry growing annually, litigation under the Hatch-Waxman Act—the legislation that expedited the Food & Drug Administration’s (“FDA”) approval process for generic drugs—can have substantial economic implications on American consumers. Under the Hatch-Waxman Act, a generic drug company can challenge a brand-name pharmaceutical company’s pioneer drug patent(s) in an Abbreviated New Drug Application (“ANDA”) by filing a Paragraph IV certification with the FDA, and the patentee can—and usually does—sue for infringement. The court may find the pioneer drug patent(s) invalid or not infringed by the generic drug, which results in savings to American consumers when …

Judicial Litigation Reforms Make Comprehensive Patent Legislation Unnecessary As Well As Counterproductive, Hon. Paul R. Michel

Northwestern Journal of Technology and Intellectual Property

The patent system provides the necessary incentives for continuing investments in invention, fostering economic growth, creating new jobs and increasing America's competitiveness in the global marketplace. In fact, innovation is now our only competitive advantage. Intellectual property, particularly patents, now constitutes nearly 80% of the value of most corporations. But the innovation eco-system is under heavy stress due to five converging hurricane-force winds, all intersecting in just the last two or so years: the impact of the new reviews authorized by the America Invents Act, invalidating most challenged patents; six landmark Supreme court decisions, particularly three casting doubt over the …