Law Commons^™

Future Of The Internet At Stake, Marc Greenberg

Publications

The Stop Online Piracy Act, H.R. 3261, introduced Oct. 26, has generated a firestorm of controversy, with critics assailing it for its chilling effect on the web and the Internet. After deciding to investigate this bill, I waded through piles of critiques, both pro and con. The bill itself, written in 78 mind-numbing pages of dense legislatese, on an initial read-through doesn't contain any "gotcha" terms that immediately support the conclusion of legislative overreach. The ostensible purpose of the bill is to combat the activities of alleged "rogue websites" based outside the U.S., which are engaged in widespread copyright infringement …

10th Annual Conference On Recent Developments In Intellectual Property Law & Policy, Marc Greenberg, William T. Gallagher, Chester Chuang

Intellectual Property Law

Welcome to the 10 Annual Conference on Recent Developments in Intellectual Property Law andPolicy, presented by the Intellectual Property Law Center of Golden Gate University School of Law.

The Ip Law Book Review, Vol. 2 #1, September 2011, William T. Gallagher, Chester Chuang

Intellectual Property Law

Reviews and Reviewers:

MAKING AND UNMAKING INTELLECTUAL PROPERTY: CREATIVE PRODUCTION IN LEGAL AND CULTURAL PERSPECTIVE edited by Mario Biagioli, Peter Jaszi, and Martha Woodmansee. Reviewed by Rebecca Tushnet, Georgetown University Law School

COPYRIGHT LAW AND THE PUBLIC INTEREST IN THE NINETEENTH CENTURY by Isabella Alexander. Reviewed by H. Tomas Gomez-Arostegui, Lewis & Clark Law School

THE GLOBAL GOVERNANCE OF KNOWLEDGE: PATENT OFFICES AND THEIR CLIENTS by Peter Drahos. Reviewed by Margo A. Bagley, University of Virginia School of Law

TRADEMARK LAW AND THEORY: A HANDBOOK OF CONTEMPORARY RESEARCH edited by Graeme B. Dinwoodie and Mark D. Janis. Reviewed by Leah …

The Ip Law Book Review, Vol. 1 #2, February 2011, William T. Gallagher, Chester Chuang

Intellectual Property Law

Reviews and Reviewers:

THE PUBLIC DOMAIN: ENCLOSING THE COMMONS OF THE MIND by James Boyle. Reviewed by Julie Cromer Young, Thomas Jefferson School of Law

GENE PATENTS AND COLLABORATIVE LICENSING MODELS: PATENT POOLS, CLEARINGHOUSES, OPEN SOURCE MODELS AND LIABILITY REGIMES edited by Geertrui Van Overwalle. Reviewed by J. Jonas Anderson, Microsoft Research Fellow Berkeley Center for Law & Technology

VIRTUAL JUSTICE: THE NEW LAWS OF ONLINE WORLDS, by Greg Lastowka. Reviewed by William K. Ford, The John Marshall Law School

THE SOUL OF CREATIVITY: FORGING A MORAL RIGHTS LAW FOR THE UNITED STATES, by Roberta Rosenthal Kwall. Reviewed by Shubha …

Ip Legal Ethics In The Everyday Practice Of Law: An Empirical Perspective On Patent Litigators, William T. Gallagher

Publications

This article presents preliminary findings from a qualitative empirical study of patent litigators. Part of a larger and ongoing project studying intellectual property lawyers in patent, trademark, and copyright enforcement and litigation actions, this article focuses on ethical decision-making by patent litigators in the pretrial discovery process. The article is based on data from in-depth, semistructured interviews with fifty-five patent litigators and from a detailed case study of the infamous Qualcomm patent sanctions case. The article critically examines how patent litigators perceive of and respond to ethical issues that arise in the discovery process. It also analyzes the structural and …

Unjust Patents & Bargaining Breakdown: When Is Declaratory Relief Needed?, Chester Chuang

Publications

The Declaratory Judgment Act is a statute designed to give parties uncertain of their legal rights the ability to obtain a fair and impartial determination of those rights. Any action for declaratory relief must meet certain minimum jurisdictional requirements, but, interestingly, even if the case meets those requirements, the Act expressly gives courts the discretion to accept or decline the case. When, then, should a court take such a case, and when should it decline? This question is particularly important in patent cases given the frequency with which declaratory relief actions arise in patent litigation.

This Article contends that a …