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Full-Text Articles in Law
Do Patents Drive Investment In Software?, James Hicks
Do Patents Drive Investment In Software?, James Hicks
Northwestern University Law Review
In the wake of a quartet of Supreme Court decisions which disrupted decades of settled law, the doctrine of patentable subject matter is in turmoil. Scholars, commentators, and jurists continue to disagree sharply over which kinds of invention should be patentable. In this debate, no technology has been more controversial than software. Advocates of software patents contend that denying protection would stymie innovation in a vital industry; skeptics argue that patents are a poor fit for software, and that the social costs of patents outweigh any plausible benefits. At the core of this disagreement is a basic problem: the debate …
A Loaded God Complex: The Unconstitutionality Of The Executive Branch’S Unilaterally Withholding Zero-Days, Brendan Gilligan
A Loaded God Complex: The Unconstitutionality Of The Executive Branch’S Unilaterally Withholding Zero-Days, Brendan Gilligan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
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.
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.
Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen
Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn
A New Tool For Analyzing Intellectual Property, Stephen M. Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson
"Consumer Protection:" Consumer Strategies And The European Market In Genetically Modified Foods, Johanna Gibson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag
Piracy: Twelve Year-Olds, Grandmothers, And Other Good Targets For The Recording Industry's File Sharing Litigation, Matthew Sag
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers
Electronically Stored Information: The December 2006 Amendments To The Federal Rules Of Civil Procedure, Kenneth J. Withers
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner
Injunctive Relief: A Charming Betsy Boomerang, Harold C. Wegner
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Trademark Dilution In Japan, Kenneth L. Port
Trademark Dilution In Japan, Kenneth L. Port
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman
Rule 37(F) Meets Its Critics: The Justification For A Limited Preservation Safe Harbor For Esi, Thomas Y. Allman
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A New Economics Of Trademarks, David W. Barnes
A New Economics Of Trademarks, David W. Barnes
Northwestern Journal of Technology and Intellectual Property
Conventional wisdom holds that trademarks are nothing like other intellectual property. Copyright and patent law are theoretically based in public goods theory and are designed to promote creation and disclosure of original expressions and novel, useful innovations. By contrast, trademarks are private goods and trademark law is designed to promote trade and encourage competition.
This article challenges conventional wisdom by demonstrating that trademarks are a type of public good that contributes to the public stock of useful ideas just as patented and copyrighted works do. This economic perspective suggests, again contrary to conventional trademark theory, that competitive markets fail to …
Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range
Identification Of Trade Secret Claims In Litigation: Solutions For A Ubiquitous Dispute, Charles Tait Graves, Brian D. Range
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy
Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev
A Realist Approach To Merck Kgaa V. Integra, Daniel A. Lev
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen
Metro-Goldwyn-Mayer V. Grokster: Unpredictability In Digital Copyright Law, Kent Schoen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A Comparative Analysis Of The Impact Of Experimental Use Exemptions In Patent Law On Incentives To Innovate, Kevin Iles
A Comparative Analysis Of The Impact Of Experimental Use Exemptions In Patent Law On Incentives To Innovate, Kevin Iles
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Preserving Internet Expression While Protecting Our Children: Solutions Following Ashcroft V. Aclu, Steven E. Merlis
Preserving Internet Expression While Protecting Our Children: Solutions Following Ashcroft V. Aclu, Steven E. Merlis
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
High Plains Drifting: Wind-Blown Seeds And The Intellectual Property Implications Of The Gmo Revolution, Stephanie M. Bernhardt
High Plains Drifting: Wind-Blown Seeds And The Intellectual Property Implications Of The Gmo Revolution, Stephanie M. Bernhardt
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
In-Line Or Insane? The Federal Circuit's Recent Interpretation Of Festo In Honeywell V. Hamilton Sundstrand, Justin E. Gray
In-Line Or Insane? The Federal Circuit's Recent Interpretation Of Festo In Honeywell V. Hamilton Sundstrand, Justin E. Gray
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Free Radicals In Cyberspace: Complex Liability Issues In Information Warfare, Meiring De Villiers
Free Radicals In Cyberspace: Complex Liability Issues In Information Warfare, Meiring De Villiers
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Pharmacogenomics: Privacy In The Era Of Personalized Medicine, Berrie Rebecca Goldman
Pharmacogenomics: Privacy In The Era Of Personalized Medicine, Berrie Rebecca Goldman
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark
Virtual Property: The Challenges Of Regulating Intangible, Exclusionary Property Interests Such As Domain Names, David Nelmark
Northwestern Journal of Technology and Intellectual Property
No abstract provided.