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Full-Text Articles in Law
Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz
Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Choosing Between The Advice Of Counsel Defense To Willful Patent Infringement Or The Effective Assistance Of Trial Counsel: A Bridge Or The Troubled Waters, Christopher A. Harkins
Choosing Between The Advice Of Counsel Defense To Willful Patent Infringement Or The Effective Assistance Of Trial Counsel: A Bridge Or The Troubled Waters, Christopher A. Harkins
Northwestern Journal of Technology and Intellectual Property
Trouble is brewing for patent infringement defendants who use lawyers from one law firm to act as trial counsel and other lawyers from the same or different firm (albeit perfectly screened off from the trial team) to prepare a non-infringement opinion as an advice of counsel defense to allegations of willful infringement. The 2006 Federal Circuit decision in EchoStar has set off a veritable feeding frenzy of attacks by patentees' counsel on the most sacred of attorney client communications and work product: that of trial counsel. In a case of first impression, one federal court has even granted a motion …
National Cable & Telecommunications Association V. Brand X Internet Services: Resolving Irregularities In Regulation?, Amy L. Signaigo
National Cable & Telecommunications Association V. Brand X Internet Services: Resolving Irregularities In Regulation?, Amy L. Signaigo
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa
Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour
Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford
Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Times May Have Changed, But The Song Is Still The Same: Why The Supreme Court Was Incorrect To Stray From Sony's Reasoning In Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., Julie A. Wooten
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Overcoming The Achilles Heel Of Copyright Law, Haochen Sun
Overcoming The Achilles Heel Of Copyright Law, Haochen Sun
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Emerging Bric Economies: Lessons From Intellectual Property Negotiation And Enforcement, Robert C. Bird, Daniel R. Cahoy
The Emerging Bric Economies: Lessons From Intellectual Property Negotiation And Enforcement, Robert C. Bird, Daniel R. Cahoy
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Northwestern Journal Of Technology And Intellectual Property Second Annual Symposium: Welcoming Remarks, David E. Van Zandt
Northwestern Journal Of Technology And Intellectual Property Second Annual Symposium: Welcoming Remarks, David E. Van Zandt
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Northwestern Journal Of Technology And Intellectual Property Second Annual Symposium: Keynote Speech, James E. Malackowski
Northwestern Journal Of Technology And Intellectual Property Second Annual Symposium: Keynote Speech, James E. Malackowski
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis
The Existing Legal Infrastructure Of Brics: Where Have We Been And Where Are We Going?, Robert B. Ahdieh, Zhu (Julie) Lee, Srividhya Ragavan, Kevin Noonan, Clinton W. Francis
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Global Intellectual Property Rights And Economic Growth, Linda Y. Yueh
Global Intellectual Property Rights And Economic Growth, Linda Y. Yueh
Northwestern Journal of Technology and Intellectual Property
This article argues that the global intellectual property rights regime will affect the economic growth prospects of developing countries. The trade-related aspects of intellectual property rights (TRIPS) provisions under the WTO articles will eventually cover all of its member countries, currently at around 150 and representing 95% of world trade. It is a significant change in the global legal system with implications for economic growth. One of the key mechanisms generating convergence in global economic growth rates is the transfer of technology from developed to developing countries. According to the neoclassical models of growth, technology is embodied within the capital …
What Multinational Companies Need To Know About Patent Enforcement And Patent Litigation In China, J. Benjamin Bai, Peter J. Wang, Helen Cheng
What Multinational Companies Need To Know About Patent Enforcement And Patent Litigation In China, J. Benjamin Bai, Peter J. Wang, Helen Cheng
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Technological Drivers Of Bric Economies: Public Versus Private Sector Control, Vipin Gupta, David M. Orozco, Linda Yueh
Technological Drivers Of Bric Economies: Public Versus Private Sector Control, Vipin Gupta, David M. Orozco, Linda Yueh
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Social Networking Web Sites And The Dmca: A Safe-Harbor From Copyright Infringement Liability Or The Perfect Storm?, Jonathan J. Darrow, Gerald R. Ferrera
Social Networking Web Sites And The Dmca: A Safe-Harbor From Copyright Infringement Liability Or The Perfect Storm?, Jonathan J. Darrow, Gerald R. Ferrera
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Duty To Disclose Patent Rights, Richard M. Lebovitz
The Duty To Disclose Patent Rights, Richard M. Lebovitz
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Caveat Venditor: Technologically Protected Subsidized Goods And The Customers Who Hack Them, Christopher Soghoian
Caveat Venditor: Technologically Protected Subsidized Goods And The Customers Who Hack Them, Christopher Soghoian
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia Sanchez Abril
A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia Sanchez Abril
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Permanent Establishment In The Digital Age: Improving And Stimulating Debate Through An Access To Markets Proxy Approach, Benjamin Hoffart
Permanent Establishment In The Digital Age: Improving And Stimulating Debate Through An Access To Markets Proxy Approach, Benjamin Hoffart
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Well Duh: Obviousness, Gas Pedals, And The Teaching-Suggestion-Motivation Test, Randall J. Hirsch , M.D.
Well Duh: Obviousness, Gas Pedals, And The Teaching-Suggestion-Motivation Test, Randall J. Hirsch , M.D.
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Should Fashion Design Be Copyrightable?, Brandon Scruggs
Should Fashion Design Be Copyrightable?, Brandon Scruggs
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck
Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Will India And China Profit From Technological Innovation?, David Orozco
Will India And China Profit From Technological Innovation?, David Orozco
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The (Boundedly) Rational Basis Of Trademark Liability, Jeremy N. Sheff
The (Boundedly) Rational Basis Of Trademark Liability, Jeremy N. Sheff
Faculty Publications
This article argues that trademark infringement and dilution are best understood as commercial behavior that manipulates the cognitive biases of consumers, and as such threatens to render their heuristic judgments persistently inaccurate. In this view, trademark liability—whether imposed under the label of infringement or dilution—serves neither to protect property rights of trademark owners, nor to protect them against the unfair trade practices of competitors, but to shape consumer markets in such a way as to conform to the innate cognitive processes of boundedly rational consumers. The trademark regime can thus be understood as a legal apparatus designed (albeit perhaps unconsciously) …
The Patent Office Meets The Poison Pill: Why Legal Methods Cannot Be Patented, Andrew A. Schwartz
The Patent Office Meets The Poison Pill: Why Legal Methods Cannot Be Patented, Andrew A. Schwartz
Publications
In 2003, for the first time in its 170-year history, the United States Patent Office began awarding patents for novel legal innovations, in addition to traditional inventions such as the telephone or airplane. Commentators have accepted the Patent Office's power to grant legal method patents, but at the same time have criticized this new type of patent on policy grounds. But no one has suggested that the Patent Office exceeded its authority by awarding patents for legal methods, until now.
In the Patent Act of 1952, which is still in effect today, Congress established certain requirements for patentability, including a …
Patents On Legal Methods? No Way!, Andrew A. Schwartz
Patents On Legal Methods? No Way!, Andrew A. Schwartz
Publications
An “invention,” as used in the United States patent laws, refers to anything made by man that employs or harnesses a law of nature or a naturally occurring substance for human benefit. A watermill, for instance, harnesses the power of gravity to run machinery. But legal methods, such as tax strategies, are not inventions in this sense, because they employ “laws of man” — not laws of nature to produce a useful result.