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Full-Text Articles in Law

The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung May 2024

The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs May 2024

Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky May 2024

The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg May 2024

Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg

Chicago-Kent Journal of Intellectual Property

Interpretation of post-AIA IPR estoppel, codified in U.S.C. § 315(e)(2), is an issue at the forefront of patent litigation and plays an important role in the litigation process and strategy. The Federal Cir-cuit’s April 2023 ruling in Ironburg Inventions Ltd. v. Valve Corp., adopted the “skilled searcher standard” and provided some clarity re-garding the meaning of the § 315(e)(2) language, “reasonably could have raised.” While Ironburg did hold that prior art which “reasonably could have been raised” is that which “a skilled searcher conducting a diligent search reasonably would have been expected to discover,” questions pertaining to what exactly is …


Iconic Copiestm, Felicia Caponigri May 2024

Iconic Copiestm, Felicia Caponigri

Chicago-Kent Journal of Intellectual Property

There is a word that is prevalent today in marketing campaigns, ed-itorials, and our everyday language: iconic. “Iconic” is not only preva-lent as a word in everyday life. Iconic can also have legal significance. As I introduce in this article, the concept of iconic and its use by brands in trademark registrations, oppositions, and litigation has significant and underappreciated consequences under the law. There has yet been no study on the word “iconic” or the legal significance of iconic, de-spite the word’s creeping use in legal filings and claims. My article fills this gap by introducing the concept of iconic …


Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson May 2024

Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy Dec 2023

Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel Dec 2023

Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Jack Daniel’S Properties V. Vip Products And The Current State Of Trademark Fair Use, Christine Haight Farley Dec 2023

Jack Daniel’S Properties V. Vip Products And The Current State Of Trademark Fair Use, Christine Haight Farley

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Enablement For Genus Claims: A Bifurcated Approach, Jie Yang Dec 2023

Enablement For Genus Claims: A Bifurcated Approach, Jie Yang

Chicago-Kent Journal of Intellectual Property

Abstract After two jury trials, two trips to the Federal Circuit, and two petitions to the Supreme Court, the Court this past term decided Amgen Inc. v. Sanofi without much controversy. In a unanimous decision, the Court affirmed the invalidation of Amgen’s functional antibody claims for lack of enablement. As a result, inventors down the road, not just life sciences companies, may find it more difficult to obtain broad patents. Although the Court was clear that Amgen may not “monopolize an entire class of things defined by their function,” the opinion fell short of guiding lower courts on how to …


Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto Dec 2023

Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto

Chicago-Kent Journal of Intellectual Property

Patent offices are developing new programs to help in climate change mit- igation. What can they deliver? This Article provides a contemporary overview of the different green technology initiatives promoted by patent offices: fast- tracking of patent applications, search platforms, applicant resources, and publicity and awareness programs. The Article concludes that special treat- ment of green technology is fair and administrable when programs are openly accessible but narrowly tailored. The most tangible effect of these initiatives is the increased control by the patentee over the patenting and commercialization process, which is valuable even when effects of these programs on technology …


Surveys In Jack Daniel’S V. Vip, Shari Seidman Diamond Dec 2023

Surveys In Jack Daniel’S V. Vip, Shari Seidman Diamond

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux Dec 2023

Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie Dec 2023

Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Some Thoughts On Warhol And The Future Of Transformative Works, Zvi S. Rosen Dec 2023

Some Thoughts On Warhol And The Future Of Transformative Works, Zvi S. Rosen

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Written Statement: Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith, Yolanda M. King Dec 2023

Written Statement: Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith, Yolanda M. King

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Death Of The Litmus Test, Dale Cendali, Abbey Quigley Dec 2023

The Death Of The Litmus Test, Dale Cendali, Abbey Quigley

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Amgen V. Sanofi And The Return Of Patent Formalism To The Supreme Court, Laura Pedraza-Fariña Dec 2023

Amgen V. Sanofi And The Return Of Patent Formalism To The Supreme Court, Laura Pedraza-Fariña

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Inside Or Outside?: Remarks On Abitron V. Hetronic (U.S. 2023), Margaret Chon Dec 2023

Inside Or Outside?: Remarks On Abitron V. Hetronic (U.S. 2023), Margaret Chon

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Comments On Amgen V. Sanofi, Oskar Liivak Dec 2023

Comments On Amgen V. Sanofi, Oskar Liivak

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Certificates Of Correction And Aia Trials, Andrew Kerrick May 2023

Certificates Of Correction And Aia Trials, Andrew Kerrick

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Patent Trial And Appeal Board: A Heightened Call For Transparency, Nicole Bruner May 2023

The Patent Trial And Appeal Board: A Heightened Call For Transparency, Nicole Bruner

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Goodwill, Signification, And Settling The Debate Regarding Naked Assignments And Licenses, Tony Bortolin Apr 2023

Goodwill, Signification, And Settling The Debate Regarding Naked Assignments And Licenses, Tony Bortolin

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Security Researchers Battle Against The Dmca, Andre Sardaryzadeh Apr 2023

Security Researchers Battle Against The Dmca, Andre Sardaryzadeh

Chicago-Kent Journal of Intellectual Property

In the digital age, cybersecurity plays a principal role in resolving consumer concerns regarding data breaches. Nevertheless, United States copyright laws prohibit the effective use of cybersecurity tools that disrupt malicious hackers from gaining access to personal (and sensitive) information. One law, in specific, that is detrimental to the defense against malicious attackers is the Digital Millennium Copyright Act (“DMCA”). Specifically, section 1201 of the DMCA prohibits the circumvention of copyrighted information. Malicious hackers have various tools and techniques to obtain unauthorized access to personal information via software vulnerabilities. Importantly, these vulnerabilities often result in the theft of consumers’ personal …


Rebranding Batman, Alice Preminger Feb 2023

Rebranding Batman, Alice Preminger

Chicago-Kent Journal of Intellectual Property

While one could reasonably characterize fan fiction as "socially contro- versial,” with some lauding the practice as a creative outlet and others meeting it with sneers, legally speaking, its position is undeniably precarious. Fan con- tent, including fan fiction and fan films, lives in the liminal space between cop- yright infringement and fair use. Fan creators argue their works are motivated by a desire to connect with beloved copyrighted expressive works—frequently popular media franchises—and are intended only for enjoyment by themselves and very small fan communities. Copyright owners find the practice of creating fan work far less innocuous, claiming the …


Never Tell Me The Odds: How To Avoid Infringement When Alluding To Copyrighted Works In Branding, Paul M. Matenaer Feb 2023

Never Tell Me The Odds: How To Avoid Infringement When Alluding To Copyrighted Works In Branding, Paul M. Matenaer

Chicago-Kent Journal of Intellectual Property

Alluding to copyrighted works in branding is common, especially among small businesses that tend to fly under the radar of the large corporations which own those copyrights. The craft beer industry, for example, is fond of such allusions, incorporating references to movies, comic books, and video games in product names and beer labels. Whether to pay homage to the creative genius found in those copyrighted works or to cash in on popular enthusiasm for them, brand allusions to copyrighted works are common. However, such homages to copyrighted works can be as dangerous as flying into an asteroid field because they …


Editorial Board, Chicago-Kent Journal Of Intellectual Property Jan 2023

Editorial Board, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Table Of Contents, Chicago-Kent Journal Of Intellectual Property Jan 2023

Table Of Contents, Chicago-Kent Journal Of Intellectual Property

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Frand Royalties: Rules V Standards?, Nicolas Petit, Amandine Léonard Jan 2023

Frand Royalties: Rules V Standards?, Nicolas Petit, Amandine Léonard

Chicago-Kent Journal of Intellectual Property

Royalties for intellectual property (IP) are like taxes. Everyone agrees that some limits are necessary. However, no one agrees on the levels at which the limits should be set. One way to overcome disagreement consists in asking if a legal rule or standard should govern the limits of IP royalties. This paper discusses this issue in the context of Standard Essential Patents (“SEPs”) governed by a commitment to license on Fair Reasonable and Non Discriminatory (“FRAND”) terms. The paper finds that FRAND rules generally surpass standards, but only under specific conditions.


Unravelling Inventorship, Toshiko Takenaka Jul 2022

Unravelling Inventorship, Toshiko Takenaka

Chicago-Kent Journal of Intellectual Property

Inventorship, who made an invention, is one of the most important concepts under the U.S. patent system. Incorrect inventorship determinations result in patent invalidity not only because U.S. Constitution requires granting patents to true inventors, but also first-inventor- to-file novelty inherited many aspects of first-to-invent novelty which depended on inventorship whether to include prior inventions as prior art. Correcting inventorship may result in sharing patent exclusivity with competitors, which forfeits profits necessary to recover expensive development costs. However, the standard to determine inventorship has been called muddy by judges and commentators because neither the Patent Act nor case law provide …