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Intellectual Property Law

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Selected Works

2015

Articles 271 - 274 of 274

Full-Text Articles in Law

Copyright And Ownership Of Fan Created Works: Fanfiction And Beyond, Raizel Liebler Dec 2014

Copyright And Ownership Of Fan Created Works: Fanfiction And Beyond, Raizel Liebler

Raizel Liebler

This chapter draws parallels across fictional genres, historical periods, and national legal and cultural traditions, to explore the relationship between popular forms of copyright protected fiction and the diverse forms of fan fiction that develop in relation to such works. Whilst fans of various fictional works revere the authors whose works they like, this reverence often takes the form of a kind of guardianship or that does not directly conform with authorial/ corporate conceptions of copyright control. Fans are not passive recipients of content, but active in their engagement with it. Often this involves creative copies, extensions and revisions.

While …

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Trolls Or Toll-Takers: Do Intellectual Property Non-Practicing Entities Add Value To Society?, Samuel F. Ernst Dec 2014

Trolls Or Toll-Takers: Do Intellectual Property Non-Practicing Entities Add Value To Society?, Samuel F. Ernst

Samuel F Ernst

There are few areas of patent law more contentious than the dispute over the social utility of “non-practicing entities,” or (if you will excuse the expression) “patent trolls.” Whether non-practicing entities add value to society is a topic of much debate, and the focus of the 2015 Chapman Law Review Symposium.

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Empirical Studies Of Claim Construction, Jonas Anderson Dec 2014

Empirical Studies Of Claim Construction, Jonas Anderson

J. Jonas Anderson

Patent claims define the scope of the patent right and hence are central to the operation of the patent system. Patent prosecutors devote substantial effort to crafting patent claims so as to maximize the scope of their right without “reading on” prior art (and thereby defeating novelty). Businesses seeking to enter a technology marketplace must be careful to avoid encroaching patent claims. Thus, when patentees enforce their rights, the interpretation of claim boundaries guides both validity and infringement analysis. Following the Supreme Court’s decision in Markman v. Westview Instruments (517 U.S. 370 (1996)), holding that “the construction of a patent, …

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Restoring The Fact/Law Distinction In Patent Claim Construction, Jonas Anderson Dec 2014

Restoring The Fact/Law Distinction In Patent Claim Construction, Jonas Anderson

J. Jonas Anderson

INTRODUCTION: Two decades ago, the Supreme Court sought to promote more effective, transparent patent litigation in Markman v. Westview Instruments1 by ruling that "the construction of a patent, including terms of art within its claim, is exclusively within the province of the court."'2 In so doing, the Court removed interpretation of patent claims from the black box of jury deliberations by holding that the Seventh Amendment right to a jury trial did not extend to patent claim construction. Failing to find clear historical evidence of how claim construction was handled in 179 1,' the Court turned to "the relative interpretive …

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