Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Patent (4)
- Aereo (2)
- Copyright (2)
- Intellectual Property (2)
- Joint infringement (2)
-
- Redskins (2)
- Trade secret (2)
- Trademark (2)
- USPTO (2)
- Akamai (1)
- America Invents Act (1)
- Choice of law (1)
- Commercial law (1)
- Constitutional standing (1)
- Divided infringement (1)
- Federal Circuit (1)
- Innovation Act (1)
- Intellectual property (1)
- Internet of Things (1)
- Legislation (1)
- Non-practicing entities (1)
- Patent assertion entities (1)
- Patent law (1)
- Patent quality (1)
- Patentability (1)
- Patents (1)
- Prospect theory (1)
- Reward theory (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Recent Developments In Intellectual Property Law — A 2014 Retrospective, David O. Taylor, W. Keith Robinson
Recent Developments In Intellectual Property Law — A 2014 Retrospective, David O. Taylor, W. Keith Robinson
Faculty Journal Articles and Book Chapters
The year 2014 was an eventful one for intellectual property law. Every branch of government affected intellectual property law in one way or another. The Supreme Court ruled on several important intellectual property law cases; federal and state legislatures contemplated and enacted various new statutes that changed the intellectual property law landscape; and the U.S. Patent and Trademark Office continued to implement new procedures governing the issuance and reconsideration of intellectual property rights. These events captured the consciousness of the American public and garnered significant media attention, more so than any year in recent memory. As these events proved, technological …
Economic Theory, Divided Infringement And Enforcing Interactive Patents, W. Keith Robinson
Economic Theory, Divided Infringement And Enforcing Interactive Patents, W. Keith Robinson
Faculty Journal Articles and Book Chapters
High tech companies – especially in the emerging areas of the Internet of Things, wearable devices, and personalized medicine – have found it difficult to enforce their patents on interactive technologies. This is especially true when multiple parties combine to perform all of the steps of a claimed method. This problem is referred to as joint or divided infringement, and some commentators advocate that “interactive” patents susceptible to divided infringement should not be enforced.
In contrast, this article argues that economic theory supports the enforcement of interactive patents. Previous papers have analyzed divided infringement problems from a doctrinal and policy …
Recent Developments In Intellectual Property Law — A 2014 Retrospective, W. Keith Robinson
Recent Developments In Intellectual Property Law — A 2014 Retrospective, W. Keith Robinson
Faculty Journal Articles and Book Chapters
The year 2014 was an eventful one for intellectual property law. Every branch of government affected intellectual property law in one way or another. The Supreme Court ruled on several important intellectual property law cases; federal and state legislatures contemplated and enacted various new statutes that changed the intellectual property law landscape; and the U.S. Patent and Trademark Office continued to implement new procedures governing the issuance and reconsideration of intellectual property rights. These events captured the consciousness of the American public and garnered significant media attention, more so than any year in recent memory. As these events proved, technological …
Legislative Responses To Patent Assertion Entities, David O. Taylor
Legislative Responses To Patent Assertion Entities, David O. Taylor
Faculty Journal Articles and Book Chapters
While the existence of patent assertion entities is not new, in recent years they have proliferated, spawning debate concerning their impact on the patent system and, more broadly, on technological innovation. Despite the fear that they instill in their targets — or perhaps because of it — patent assertion entities arguably serve a beneficial purpose in the patent system. Theoretically they should be able to help individual inventors and small businesses, in particular, obtain a return on their investment in research and development. To the extent patent assertion entities assert patent claims that should be held invalid, not infringed, or …
Patent Stewardship, Choice Of Law, And Weighing Competing Interests, David O. Taylor
Patent Stewardship, Choice Of Law, And Weighing Competing Interests, David O. Taylor
Faculty Journal Articles and Book Chapters
Xuan-Thao Nguyen’s recent article, "In the Name of Patent Stewardship: The Federal Circuit’s Overreach into Commercial Law", is important for at least two potential reasons that Nguyen herself highlights. First, to the extent that the Federal Circuit’s decisions related to commercial law differ from state courts’ decisions related to commercial law, it might call into question the Federal Circuit’s competency with respect to commercial law. And, second, it certainly highlights something that practitioners might need to know to adapt their advice and strategies for reaching their clients’ desired ends. But Nguyen’s critique is important for a third reason. Assuming the …
Patent Law Challenges For The Internet Of Things, W. Keith Robinson
Patent Law Challenges For The Internet Of Things, W. Keith Robinson
Faculty Journal Articles and Book Chapters
In the near future, emerging technologies will allow billions of everyday devices to be connected via the Internet. This increasingly popular phenomenon is referred to as the Internet of Things (“IoT”). The IoT is broadly defined as technology that allows everyday devices to (1) become “smart” and (2) communicate with other smart devices. Estimates indicate that the market for smart devices, such as wearables, will grow to $70 billion dollars in the next ten years. Like many other emerging technologies, the entrepreneurs and companies developing these applications will seek patent protection for their inventions. In turn, the current U.S. patent …