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Articles 1 - 30 of 121
Full-Text Articles in Law
Access To Covid-19 Vaccines, Patent Rights, And The Trips Agreement, Emmanuel Oke
Access To Covid-19 Vaccines, Patent Rights, And The Trips Agreement, Emmanuel Oke
Maryland Journal of International Law
No abstract provided.
Recalibrating Patent Venue, Colleen V. Chien, Michael Risch
Recalibrating Patent Venue, Colleen V. Chien, Michael Risch
Maryland Law Review
For most of patent law’s 200-plus year history, patent holders could sue only in the district inhabited by the defendant. In 1990, the United States Court of Appeals for the Federal Circuit decided that the scope of permissible venue extended to all districts with personal jurisdiction over the defendant. In recent years, patentees have flocked to certain districts, fueling the widespread perception that patentees, particularly those that do not practice their patents, called non-practicing entities (“NPEs”), are abusing forum. Responsive to these concerns, Congress and the courts have moved to reinstate a more restrictive rule, culminating in the Supreme Court’s …
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
Maryland Law Review
Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization “(WTO”) contemplates that violations of one of its covered agreements may be remedied through “cross-retaliation,” or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations.
Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent in traditional …
Commil Usa, Llc V. Cisco Systems: Joining Policy And Prose To Foster A Good Faith Analysis, Theresa E. Durante
Commil Usa, Llc V. Cisco Systems: Joining Policy And Prose To Foster A Good Faith Analysis, Theresa E. Durante
Maryland Law Review Online
No abstract provided.
Meet The Patents: Fostering Innovation And Reducing Costs By Opening Patent Portfolios, Sean D. Harding
Meet The Patents: Fostering Innovation And Reducing Costs By Opening Patent Portfolios, Sean D. Harding
Journal of Business & Technology Law
No abstract provided.
Enabling Patentless Innovation, Clark D. Asay
Enabling Patentless Innovation, Clark D. Asay
Maryland Law Review
No abstract provided.
A Functional Approach To Copyright Policy, Robert E. Suggs
A Functional Approach To Copyright Policy, Robert E. Suggs
Faculty Scholarship
This essay results from a half-century spent observing the development and stagnation of a once vital music form, jazz. Curiosity spurred its evolution when a successor to John Coltrane failed to emerge within a few years of his early death. Over the ensuing decades, I became concerned that advancing technology and the 1976 Copyright Act had fundamentally undermined our cultural ecology.
Unnoticed over the past century, technology has changed our experience of expressive culture, (the stories, images, and melodies that copyright most strongly protects), from live performance in social settings to solitary consumption of recorded media. Neurologically and physiologically this …
A Race To Digitization?: Kirtsaeng V. John Wiley & Sons Impact On The Digital Publication Market, Amelia Parsons
A Race To Digitization?: Kirtsaeng V. John Wiley & Sons Impact On The Digital Publication Market, Amelia Parsons
Proxy
No abstract provided.
Association For Molecular Pathology V. Myriad Genetics, Inc.: Progress By Principles, Emily J. Bolyard
Association For Molecular Pathology V. Myriad Genetics, Inc.: Progress By Principles, Emily J. Bolyard
Journal of Health Care Law and Policy
In Association for Molecular Pathology v. Myriad Genetics, Inc., the Supreme Court considered whether human genes are patentable under the Patent Act of 1952. Originally enacted in 1790, the Act allows patents to be granted on any new and useful process, machine, manufacture, or composition of matter, barring a judicially created exception for laws of nature, natural phenomena, and abstract ideas. These three naturally occurring things are nonpatentable because they create the foundation of scientific and technological work. In Myriad, the Court unanimously held that isolated DNA is nonpatentable, since such DNA is naturally occurring phenomena under the …
Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank A. Pasquale
Ip Law Book Review: Configuring The Networked Self: Law, Code, And The Play Of Every Day Practice, Frank A. Pasquale
Faculty Scholarship
Julie Cohen's Configuring the Networked Self is an extraordinarily insightful book. Cohen not only applies extant theory to law; she also distills it into her own distinctive social theory of the information age. Thus, even relatively short sections of chapters of her book often merit article-length close readings. I here offer a brief for the practical importance of Cohen’s theory, and ways it should influence intellectual property policy and scholarship.
Indistinguishable From Magic: A Wizard's Guide To Copyright And 3d Printing, James Grimmelmann
Indistinguishable From Magic: A Wizard's Guide To Copyright And 3d Printing, James Grimmelmann
Faculty Scholarship
3D printing is a technology of such surprise and wonder that it verges on the magical. But what if 3D printers actually were magic? How would copyright law treat the wizards who used them? This Comment uses the magical analogy to make familiar doctrines strange, and a strange technology familiar.
This Comment was prepared as an invited comment on Kyle Dolinsky's "CAD’s Cradle: Untangling Copyrightability, Derivative Works, and Fair Use in 3D Printing" for the 2013 Washington and Lee Student Notes Colloquium.
Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski
Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski
Maryland Law Review
No abstract provided.
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journal of Business & Technology Law
No abstract provided.
Myspace, Inc. V. Graphon Corp.: Ignoring The Basic Premise That 101 Must Come Before 102 And 103, Emmanuel A. Fishelman
Myspace, Inc. V. Graphon Corp.: Ignoring The Basic Premise That 101 Must Come Before 102 And 103, Emmanuel A. Fishelman
Journal of Business & Technology Law
No abstract provided.
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Journal of Business & Technology Law
No abstract provided.
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
Journal of Business & Technology Law
No abstract provided.
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Maryland Law Review
No abstract provided.
Coping With The America Invents Act: Patent Challenges For Startup Companies, Patricia E. Campbell
Coping With The America Invents Act: Patent Challenges For Startup Companies, Patricia E. Campbell
Faculty Scholarship
No abstract provided.
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale, Elizabeth A. Reilly, Jeffery Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale, Elizabeth A. Reilly, Jeffery Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel
Faculty Scholarship
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions. Led by the moderator, participants at the Forum focused generally on three broad …
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor
Journal of Business & Technology Law
No abstract provided.
The Impact Of Local Patent Rules On Rate And Timing Of Case Resolution Relative To Claim Construction: An Empirical Study Of The Past Decade, Pauline M. Pelletier
The Impact Of Local Patent Rules On Rate And Timing Of Case Resolution Relative To Claim Construction: An Empirical Study Of The Past Decade, Pauline M. Pelletier
Journal of Business & Technology Law
No abstract provided.
Harmonizing All Around The World: Re-Evaluating The Copyright And Treaty Powers In The Post-Golan Era, Derrick Wang
Harmonizing All Around The World: Re-Evaluating The Copyright And Treaty Powers In The Post-Golan Era, Derrick Wang
Maryland Journal of International Law
No abstract provided.
A Copyright Law For A Social Species, Robert E. Suggs
A Copyright Law For A Social Species, Robert E. Suggs
Faculty Scholarship
Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry.
The expressive culture that copyright protects …
Personal Jurisdiction And Joinder In Mass Copyright Troll Litigation, Jason R. Lafond
Personal Jurisdiction And Joinder In Mass Copyright Troll Litigation, Jason R. Lafond
Maryland Law Review Online
No abstract provided.
The Emperor's New Clothes: Intellectual Property Protections In China, Patricia E. Campbell, Michael Pecht
The Emperor's New Clothes: Intellectual Property Protections In China, Patricia E. Campbell, Michael Pecht
Journal of Business & Technology Law
No abstract provided.
"No Inventions, No Innovations": Reassessing The Government's Antitrust Case Against United States Steel Corporation, Guy B. Maseritz
"No Inventions, No Innovations": Reassessing The Government's Antitrust Case Against United States Steel Corporation, Guy B. Maseritz
Journal of Business & Technology Law
No abstract provided.
Princo Corp. V. Int'l Trade Comm'n: Patent Misuse No Longer A Deterrent To Anticompetitive Behavior In The Group Venture Context, Brian D. Hill
Princo Corp. V. Int'l Trade Comm'n: Patent Misuse No Longer A Deterrent To Anticompetitive Behavior In The Group Venture Context, Brian D. Hill
Journal of Business & Technology Law
No abstract provided.
Curbing Consumer Complicity For Counterfeits In A Digital Environment, Peggy E. Chaudhry
Curbing Consumer Complicity For Counterfeits In A Digital Environment, Peggy E. Chaudhry
Journal of Business & Technology Law
No abstract provided.
Better Mousetraps: Licensing, Access, And Innovation In The New Music Marketplace, Casey Rae-Hunter
Better Mousetraps: Licensing, Access, And Innovation In The New Music Marketplace, Casey Rae-Hunter
Journal of Business & Technology Law
No abstract provided.
Lessons From Pfizer's Disputes Over Its Viagra Trademark In China, Daniel Chow
Lessons From Pfizer's Disputes Over Its Viagra Trademark In China, Daniel Chow
Maryland Journal of International Law
No abstract provided.