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Patent Law And The Emigration Of Innovation, Greg Day, Steven Udick
Patent Law And The Emigration Of Innovation, Greg Day, Steven Udick
Scholarly Works
Legislators and industry leaders claim that patent strength in the United States has declined, causing firms to innovate in foreign countries. However, scholarship has largely dismissed the theory that foreign patents have any effect on where firms invent, considering that patent law is bound by strict territorial limitations (as a result, one cannot strengthen their patent protection by innovating abroad). In essence, then, industry leaders are deeply divided from scholarship about whether innovative firms seek out jurisdictions offering stronger patent rights, affecting the rate of innovation.
To resolve this puzzle, we offer a novel theory of patent rights — which …
All For Copyright Stand Up And Holler! Three Cheers For Star Athletica And The U.S. Supreme Court’S Perceived And Imagined Separately Test, David E. Shipley
All For Copyright Stand Up And Holler! Three Cheers For Star Athletica And The U.S. Supreme Court’S Perceived And Imagined Separately Test, David E. Shipley
Scholarly Works
In March 2017 the United States Supreme Court held in Star Athletica L.L.C. v. Varsity Brands Inc. that an artistic feature incorporated into the design of a useful article could be protected by copyright when that feature could be perceived as a two- or three-dimensional work of art separate from the useful article, and imagined separately as a protectable pictorial, graphic, or sculptural work. This two-part test replaces a variety of tests which courts and commentators proposed and applied during the last 40 years. The Star Athletica decision is predicted to be a boon to the fashion and apparel industry, …
Charting Supreme Court Patent Law, Near And Far, Joseph S. Miller
Charting Supreme Court Patent Law, Near And Far, Joseph S. Miller
Scholarly Works
The Supreme Court has been markedly more active in patent law in recent years, as many have noted. How much has patent law changed as a result? The amount of change one sees is, in important respects, a function of the lens through which one looks. In this network analysis of the Supreme Court’s citations to its own case law in all its intellectual property cases from 1947 to 2017, inclusive, I am reminded of Alphonse Karr’s famous quip: “Plus ça change, plus c’est law mȇme chose” — the more it changes, the more it’s the same thing. I report …