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15th Annual Recent Developments In Ip Law And Policy Conference, William T. Gallagher

Intellectual Property Law

Program booklet for the 15th Annual Recent Developments in IP Law and Policy Conference at Golden Gate University School of Law.

Program:

Registration/Check-in 8:30 – 9:00 2nd floor lobby

Welcoming Remarks 9:00 – 9:15 - Director William Gallagher - University President David Fike

Patent Law Year in Review 9:15 – 10:15 - Justin Beck (Beck, Bismonte & Finley LLP) - Brian Mitchell (Mitchell & Company)

Morning Break 10:15 – 10:30

Trademark Law 10:30 – 11:30 Thomas Harvey (Coblentz, Patch, Duffy and Bass, LLP)

Privacy Law 11:30 – 12:30 Adam Sand (Shopkick.com)

Lunch 12:30 – 1:45 Pick up lunch in …

The Ip Law Book Review, Vol. 7#1, October 2016, William T. Gallagher

Intellectual Property Law

FROM MAIMONIDES TO MICROSOFT: THE JEWISH LAW OF COPYRIGHT SINCE THE BIRTH OF PRINT, by Neil Weinstock Netanel. Reviewed by Roberta Rosenthal Kwall, Raymond P. Niro Professor, DePaul University College of Law.

THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY: A COMMENTARY, by Sam Ricketson. Reviewed by Jose Bellido, University of Kent.

Celebrities, Art, And The Law: When Celebrities Get What They Want And When They Don’T, Cara Alsterberg

GGU Law Review Blog

No abstract provided.

Garcia V. Google, Inc.: The Ninth Circuit’S Refusal To Extend Copyright Protection To An Actor’S Performance, Reinforcing The Letter Of Copyright Law, Anna Nicolopulos

Golden Gate University Law Review

Copyright protection is rooted in the Intellectual Property Clause of the United States Constitution, which sets boundaries for the subject matter that can be protected by federal copyright law. The Ninth Circuit’s 2014 decision in Garcia v. Google, Inc., marked the first time a court ruled that an individual actor with a minor role in a film has a copyright interest in her own performance.

In Garcia v. Google, Inc., the Ninth Circuit originally held that the actor likely had a copyright interest in the film because she was “duped into providing an artistic performance that was used in …

In Re Ncaa Student-Athlete Name & Likeness Licensing Litigation: How Free Speech Lost A Key Battle In The War For Creativity, Leoangelo Cristobal

Golden Gate University Law Review

Part I of this Note explains the relevant law governing In re NCAA Student-Athlete Name & Likeness Licensing Litigation, followed by a summary of the factual and procedural history of the case. Additionally, Part I summarizes how the majority opinion of the Ninth Circuit followed case precedent to apply the five-factor “transformative use” test. Part II explains the dissenting opinion and argues why it should have been the opinion adopted by the court. Additionally, Part II asserts that the majority decision hampers free speech in sports entertainment and places an unnecessary cap on creativity.

The Ip Law Book Review, Vol. 6#1, March 2016, William T. Gallagher

Intellectual Property Law

THE EUREKA MYTH: CREATORS, INNOVATORS, AND EVERYDAY INTELLECTUAL PROPERTY, by Jessica Silbey. Reviewed by Tina Piper, McGill University Faculty of Law.

INNOVATION &INTELLECTUAL PROPERTY – COLLABORATIVE DYNAMICS IN AFRICA, by Jeremy de Beer, Chris Armstrong, Chidi Oguamanam, and Tobias Schonwetter. Reviewed by Joseph F. Turcotte, York University.

Why Patent Exhaustion Should Liberate Products (And Not Just People), Samuel F. Ernst

Publications

Patent exhaustion is a doctrine that excuses infringement where the patent holder has either authorized the sale of a patented item or licensed its use or sale. Absent an effective contractual restriction, the patent holder's rights in the patented item are exhausted and the patent holder cannot sue for infringement based on further use or resale of the item. This Article explores the question of whether patent exhaustion adheres in the patented device or if it is a defensive doctrine that only adheres to the benefit of particular parties. Traditionally courts have articulated the doctrine as liberating the accused product …

The Lost Precedent Of The Reverse Doctrine Of Equivalents, Samuel F. Ernst

Publications

Proponents of legislative patent reform argue that the current patent system perversely impedes true innovation in the name of protecting a vast web of patented inventions, the majority of which are never even commercialized for the benefit of the public. Opponents of such legislation argue that comprehensive, prospective patent reform legislation would harm the incentive to innovate more than it would curb the vexatious practices of non-practicing entities. But while the "Innovation Act" wallows in Congress, there is a common law tool to protect innovation from the patent thicket lying right under our noses: the reverse doctrine of equivalents. Properly …

The Problem Of Mop Heads In The Era Of Apps: Toward More Rigorous Standards Of Value Apportionment In Contemporary Patent Law, David Franklyn, Adam Kuhn

Publications

This article addresses this critical question of consumer demand surveys. The article argues that the law should always require rigorous apportionment of value based on scientifically-accepted standards of consumer demand measurement. Further, the article discusses how best to achieve this policy goal and how courts have approached it to date. This article then walks through the pertinent case law on apportionment, the role and defensibility of survey evidence, and offers guidance on proper survey design.