Law Commons^™

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

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

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

Maryland Law Review Online

No abstract provided.

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

Maryland Law Review

No abstract provided.

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

Proxy

No abstract provided.

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

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

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.

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

Journal of Business & Technology Law

No abstract provided.

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

Journal of Business & Technology Law

No abstract provided.

Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble

Maryland Law Review

No abstract provided.

Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski

Maryland Law Review

No abstract provided.

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.

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 …

Coping With The America Invents Act: Patent Challenges For Startup Companies, Patricia E. Campbell

Faculty Scholarship

No abstract provided.

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

Journal of Business & Technology Law

No abstract provided.

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

Maryland Law Review Online

No abstract provided.

The Emperor's New Clothes: Intellectual Property Protections In China, Patricia E. Campbell, Michael Pecht

Journal of Business & Technology Law

No abstract provided.

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

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

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

Journal of Business & Technology Law

No abstract provided.

Lessons From Pfizer's Disputes Over Its Viagra Trademark In China, Daniel Chow

Maryland Journal of International Law

No abstract provided.