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Articles 31 - 60 of 97
Full-Text Articles in Law
2014 Patent Law Decisions On Key Issues At The Federal Circuit, Olivia T. Luk, Palash Basu, Ryan Dooley, Charles Green, Brian E. Haan
2014 Patent Law Decisions On Key Issues At The Federal Circuit, Olivia T. Luk, Palash Basu, Ryan Dooley, Charles Green, Brian E. Haan
American University Law Review
No abstract provided.
The Federal Circuit And Ultramercial:Software And Business Method Patents Tumble Further Down The Rabbit Hole, Mark Patrick
The Federal Circuit And Ultramercial:Software And Business Method Patents Tumble Further Down The Rabbit Hole, Mark Patrick
American University Law Review
No abstract provided.
The Federal Circuit's Decision In Myriad: Isolated Dna Molecules Are Patentable Subject Matter, Seth R. Ogden
The Federal Circuit's Decision In Myriad: Isolated Dna Molecules Are Patentable Subject Matter, Seth R. Ogden
American University Law Review
No abstract provided.
Always At The Margin: Inequitable Conduct In Flux, Randall R. Radler
Always At The Margin: Inequitable Conduct In Flux, Randall R. Radler
American University Law Review
No abstract provided.
2009 Patent Law Decisions Of The Federal Circuit, Donald R. Dunner, Bryan C. Diner, Esther H. Lim, Troy E. Grabow, Tina E. Hulse, Joyce Craig
2009 Patent Law Decisions Of The Federal Circuit, Donald R. Dunner, Bryan C. Diner, Esther H. Lim, Troy E. Grabow, Tina E. Hulse, Joyce Craig
American University Law Review
No abstract provided.
2009 Trademark Law Decisions Of The Federal Circuit, Rebeccah Gan
2009 Trademark Law Decisions Of The Federal Circuit, Rebeccah Gan
American University Law Review
No abstract provided.
Past, Present, And Future In The Life Of The U.S. Court Of Appeals For The Federal Circuit, Paul R. Michel
Past, Present, And Future In The Life Of The U.S. Court Of Appeals For The Federal Circuit, Paul R. Michel
American University Law Review
No abstract provided.
What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss
What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss
American University Law Review
No abstract provided.
Product Placement Or Pure Entertainment? Critiquing A Copyright-Preemption Proposal, Kristen E. Riccard
Product Placement Or Pure Entertainment? Critiquing A Copyright-Preemption Proposal, Kristen E. Riccard
American University Law Review
No abstract provided.
Increased Market Power As A New Secondary Consideration In Patent Law A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, Andrew Blair-Stanek
Increased Market Power As A New Secondary Consideration In Patent Law A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit, Andrew Blair-Stanek
American University Law Review
Courts have developed several non-technical “secondary considerations” to help judges and juries in patent litigation decide whether a patent meets the crucial statutory requirement that a patent be non-obvious. This Article proposes a tenth secondary consideration to help judges and juries: increased market power. If a patent measurably increases its holders’ market power in the market into which it sells products or services, then that increase should weigh in favor of finding the patent non-obvious. Using increased market power incorporates the predictive benefits of several other secondary considerations, while often increasing the accuracy and availability of evidence. It would provide …
2008 Trademark Decisions Of The Federal Circuit A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries , David M. Kelly, Stephanie H. Bald
2008 Trademark Decisions Of The Federal Circuit A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries , David M. Kelly, Stephanie H. Bald
American University Law Review
In 2008, the United States Court of Appeals for the Federal Circuit issued eight trademark decisions and designated one of those eight decisions as precedential. These numbers are significantly lower than in recent years. The cases consist of appeals from the Trademark Trial and Appeal Board (“TTAB”), the United States Court of International Trade, and the United States Court of Federal Claims. Of the eight trademark decisions, four focused on substantive issues and four primarily involved procedural issues. The Federal Circuit generally adopted the findings of the lower tribunals, affirming all but one of the eight decisions on appeal. The …
2008 International Trade Decisions Of The Federal Circuit A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries, Jarrod Goldfeder
American University Law Review
The United States is the world’s largest importing country, with nearly $2 trillion in imports of goods during 2007. Given the ever- increasing volume of international trade, the United States has put in place an intricate body of laws designed to regulate the flow of goods and has created federal agencies responsible for the enforcement of those laws, including U.S. Customs and Border Protection (“CBP”), the U.S. Department of Commerce (“Commerce”), the U.S. International Trade Commission (“ITC” or “Commission”), and the Office of the U.S. Trade Representative (“USTR”). Each agency is charged with different responsibilities over the fair and efficient …
2008 Patent Law Decisions Of The Federal Court A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries, Todd Zubler, Nina Tallon, Jamie Wisz, Jamaica Szeliga
2008 Patent Law Decisions Of The Federal Court A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries, Todd Zubler, Nina Tallon, Jamie Wisz, Jamaica Szeliga
American University Law Review
The United States Supreme Court took a slight breather from patent-law issues in 2008. After issuing three patent-law decisions in 2007 (including KSR International Co. v. Teleflex Inc.), the Court issued just one patent-law decision in 2008—Quanta Computer, Inc. v. LG Electronics, Inc. Despite the Supreme Court’s slower pace, however, the Court’s influence loomed large in the United States Court of Appeals for the Federal Circuit in 2008. In a number of cases, the Federal Circuit continued to work through the implications of the Supreme Court’s recent precedents, most notably KSR and the Supreme Court’s 2006 decision in eBay Inc. …
Disparity In Copyright Protection: Focus On The Finished Image Ignores The Art In The Details , Karen D. Williams
Disparity In Copyright Protection: Focus On The Finished Image Ignores The Art In The Details , Karen D. Williams
American University Law Review
Courts initial reactions play a major role in the assessment of copyright protection. A quick recognition of pictorial quality can result in an easy finding of originality. Based upon the extremely low threshold, such a quick summation is not surprising or necessarily refutable. However, the blanket assumption of a pictorial quality in photography creates a disparity in copyright protection for works of graphic design, like maps, which may not emit that immediate pictorial or aesthetic quality but may still employ creative choice. Those works that “scream” their pictorial nature get cursory review while the more subtle are being categorized as …
Does The Supreme Court Still Matter?, Timothy B. Dyk
Does The Supreme Court Still Matter?, Timothy B. Dyk
American University Law Review
No abstract provided.
Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
American University Law Review
In recent years, the innovation market has witnessed a new business model involving companies that are mere patent holding shells and not operating entities. They have no customers or products to offer, but they do have an aggressive tactic of using patent portfolios to threaten other operating companies with potential infringement litigation. The strategy is executed with the end goal of extracting handsome settlements. Acquisitions of patents for offensive use have become a major concern to operating companies because such acquisitions pose the threats of patent injunction, interrupting the business and crippling further innovation. While many operating companies today know …
2007 Patent Law Decisions Of The Federal Circuit, Dean L. Fanelli, Victor N. Balancia, Robert J. Smyth, Carl P. Bretscher, Arthur M. Antonelli, Mark J. Sullivan, Kent E. Basson
2007 Patent Law Decisions Of The Federal Circuit, Dean L. Fanelli, Victor N. Balancia, Robert J. Smyth, Carl P. Bretscher, Arthur M. Antonelli, Mark J. Sullivan, Kent E. Basson
American University Law Review
No abstract provided.
2007 Trademark Law Decisions Of The Federal Circuit, Susan M. Kayser, David Jaquette
2007 Trademark Law Decisions Of The Federal Circuit, Susan M. Kayser, David Jaquette
American University Law Review
No abstract provided.
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
Big Boi, Dr. Seuss, And The King: Expanding The Constitutional Protections For The Satirical Use Of Famous Trademarks , Aaron Jaroff
American University Law Review
No abstract provided.
Survey Of The Federal Circuit's Patent Law Decisions In 2006: A New Chapter In The Ongoing Dialogue With The Supreme Court, Gregory A. Castanias, Lawrence D. Rosenberg, Michael S. Fried, Todd R. Geremia
Survey Of The Federal Circuit's Patent Law Decisions In 2006: A New Chapter In The Ongoing Dialogue With The Supreme Court, Gregory A. Castanias, Lawrence D. Rosenberg, Michael S. Fried, Todd R. Geremia
American University Law Review
In 2006, the Federal Circuit decided only one portion of one patent case en banc, and that was done mainly as a procedural matter (the entire case was not argued to an en banc court) in order to reconcile prior conflicting precedent on the issue of induced patent infringement with the recent Supreme Court decision in Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., involving induced copyright infringement. But in light of the Supreme Court’s much more muscular review of the Federal Circuit’s patent cases—which may not even reflect the full extent of the Court’s interest in the Federal Circuit’s patent decisions—the …
The Trademark Jurisprudence Of Judge Rich, Jeffrey M. Samuels, Linda B. Samuels
The Trademark Jurisprudence Of Judge Rich, Jeffrey M. Samuels, Linda B. Samuels
American University Law Review
For nearly forty-three years, Giles Sutherland Rich served as a member of the U.S. Court of Customs and Patent Appeals (C.C.P.A.) and its successor court, the U.S. Court of Appeals for the Federal Circuit. Judge Rich is widely regarded as one of the most influential jurists in the area of patent law—and rightfully so. Less well known is that Judge Rich also authored many significant decisions in the area of trademark law. Judge Rich’s opinions in the area of trademarks span the spectrum of trademark registrability issues and explore important issues of public policy. This Article reviews a number of …
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
American University Law Review
Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …
The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell
The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell
American University Law Review
No abstract provided.
Patent Law Decisions Of The Federal Circuit, Sasha Mayergoyz, Michael F. Harte, David Mckone, Amanda J. Hollis, Peter Moore, Jennifer L. Travers
Patent Law Decisions Of The Federal Circuit, Sasha Mayergoyz, Michael F. Harte, David Mckone, Amanda J. Hollis, Peter Moore, Jennifer L. Travers
American University Law Review
No abstract provided.
2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird
2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird
American University Law Review
No abstract provided.
“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll
“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll
American University Law Review
Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. In the modern context, it is clear that innovators' needs for intellectual property protection vary substantially across industries and among types of innovation. Applying a socially costly, uniform solution to problems of differing magnitudes means that the law necessarily imposes uniformity cost by underprotecting those who invest in certain costly innovations and overprotecting those with low innovation costs or access to alternative appropriability mechanisms. This Article argues that reducing uniformity cost is the central problem for intellectual …
From Pirates To Partners (Episode Ii): Protecting Intellectual Property In Post-Wto China, Peter K. Yu
From Pirates To Partners (Episode Ii): Protecting Intellectual Property In Post-Wto China, Peter K. Yu
American University Law Review
In From Pirates to Partners: Protecting Intellectual Property in China in the Twenty-First Century, I criticized the ineffectiveness and short-sightedness of the U.S.-China intellectual property policy. As I argued, the approach taken by the administration in the 1980s and early 1990s had created a cycle of futility in which China and the United States repeatedly threatened each other with trade wars only to back down in the eleventh hour with a compromise that did not provide sustainable improvements in intellectual property protection. Since I wrote that article five years ago, China has joined the WTO and undertook a complete overhaul …
Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis
Shades Of Grey: Can The Copyright Fair Use Defense Adapt To New Re-Contextualized Forms Of Music And Art?, Nicholas B. Lewis
American University Law Review
No abstract provided.
The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn
The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn
American University Law Review
No abstract provided.
2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis
2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis
American University Law Review
No abstract provided.