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Full-Text Articles in Law
What Trademark Law Could Learn From Employment Law, 12 J. Marshall Rev. Intell. Prop. L. Rev. 118 (2012), Robert A. Kearney
What Trademark Law Could Learn From Employment Law, 12 J. Marshall Rev. Intell. Prop. L. Rev. 118 (2012), Robert A. Kearney
UIC Review of Intellectual Property Law
Trademark litigation is as unpredictable as it is expensive. The Trademark Trial and Appeal Board (“Board”) considers as many as thirteen different factors when evaluating whether a trademark causes a “likelihood of confusion.” Federal courts use many of the same factors, though which factors are chosen differ by jurisdiction, and, do not necessarily overlap with the Board. Further, a party can litigate for a time before the Board, then in federal court, and then back before the Board. And, if this were not enough, the Board’s decisions have little if any preclusive effect on the court, and, a court’s decision …
Are Royalties Reasonable In Patent Infringment Suits? Using Hindsight At The Hypothetical Negotiating Table, 12 J. Marshall Rev. Intell. Prop. L. 241 (2012), Michael J. Carrozza
Are Royalties Reasonable In Patent Infringment Suits? Using Hindsight At The Hypothetical Negotiating Table, 12 J. Marshall Rev. Intell. Prop. L. 241 (2012), Michael J. Carrozza
UIC Review of Intellectual Property Law
Reasonable royalties have become the primary form of relief in patent infringement lawsuits. Once a patent is found valid and infringed, royalties are calculated based on a hypothetical license negotiation between the patent owner and infringer said to take place at the moment infringement began. The calculations seek to arrive at a royalty amount the parties would have agreed upon had an actual license been negotiated. But there is disagreement among courts as to what information should inform the royalty amount. Some take the hypothetical negotiation literally and disallow post-infringement information from entering the calculations because such information would have …
Patent Claim Construction As A Form Of Legal Interpretation, 12 J. Marshall Rev. Intell. Prop. L. 40 (2012), Christian E. Mammen
Patent Claim Construction As A Form Of Legal Interpretation, 12 J. Marshall Rev. Intell. Prop. L. 40 (2012), Christian E. Mammen
UIC Review of Intellectual Property Law
Since the U.S. Supreme Court’s landmark decision, Markman v. Westview Instruments, Inc., courts have employed a textualist approach when construing patent claims. Claim construction has been held to be purely a matter of law, which leaves no room for deference when the construction is reconsidered on appellate review. But as argued in this article, patent claims are a unique type of legal text, and cannot simply be analogized to statutes or contracts, which courts and scholars occasionally attempt to do. Taking lessons from the general legal theory of interpretation, the textualist approach should only be a starting point for the …
Hotfile, Megaupload, And The Future Of Copyright On The Internet: What Can Cyberlockers Tell Us About Dmca Reform?, 12 J. Marshall Rev. Intell. Prop. L. 205 (2012), Ross Drath
UIC Review of Intellectual Property Law
More than a decade ago, Napster brought the issue of copyright infringement by file-sharing to the center of the public stage. How would a body of copyright law built to regulate tangible objects apply in the digital realm? The safe harbor provisions of the Digital Millennium Copyright Act, intended as a compromise between the interests of copyright owners and webhosts, have instead introduced legal uncertainty and allocated the costs of online enforcement both inefficiently and disproportionately. While Napster and several other major peer-to-peer services have been shuttered in the intervening period, the scope of online copyright infringement continues to grow …
A Need For Clearer Language About Patent Law, 11 J. Marshall Rev. Intell. Prop. L. 457 (2012), Paul M. Janicke
A Need For Clearer Language About Patent Law, 11 J. Marshall Rev. Intell. Prop. L. 457 (2012), Paul M. Janicke
UIC Review of Intellectual Property Law
This article addresses the manner by which the principles and rules of United States ("U.S.") patent law are addressed, especially those that are not controversial. We often seem driven to use labels that are misleading to external observers, making the subject seem more complex than it is. The principal misstatements addressed in this article are: (1) saying that under American Invents Act, the U.S. is moving to a first-to-file system; (2) reciting that U.S. patent law has no extraterritorial reach; (3) characterizing the term of a U.S. patent as twenty years from filing; (4) purporting in patent licenses to grant …
Chinese Patent Quality: Running The Numbers And Possible Remedies, 11 J. Marshall Rev. Intell. Prop. L. 478 (2012), Mark Liang
UIC Review of Intellectual Property Law
In an effort to improve its economic and technological prowess, China in recent years has promulgated measures that encourage patenting activity. These measures have had their intended effect. Over a million patent applications were filed at China’s State Intellectual Property Office ("SIPO") in 2010, making it the busiest patent office in the world—by comparison, a mere 600,000 were filed at the United States Patent and Trademark Office, placing it a distant second. The disparity and trend is expected to grow in the coming years. But looking behind the headline numbers raises doubts about the quality of China’s patents and the …
Back To The Future: Revisiting Zippo In Light Of "Modern Concerns", 29 J. Marshall J. Computer & Info. L. 231 (2012), David Swetnam-Burland, Stacy O. Stitham
Back To The Future: Revisiting Zippo In Light Of "Modern Concerns", 29 J. Marshall J. Computer & Info. L. 231 (2012), David Swetnam-Burland, Stacy O. Stitham
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
"Tinkering" With The First Amendment's Protection Of Student Speech On The Internet, 29 J. Marshall J. Computer & Info. L. 167 (2012), Steven M. Puiszis
"Tinkering" With The First Amendment's Protection Of Student Speech On The Internet, 29 J. Marshall J. Computer & Info. L. 167 (2012), Steven M. Puiszis
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
World Wide Web Of Love, Lies, And Legislation: Why Online Dating Websites Should Screen Members, 29 J. Marshall J. Computer & Info. L. 251 (2012), Maureen Horcher
World Wide Web Of Love, Lies, And Legislation: Why Online Dating Websites Should Screen Members, 29 J. Marshall J. Computer & Info. L. 251 (2012), Maureen Horcher
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin
The 20th Belle R. And Joseph H. Braun Memorial Symposium: The Development Of Privacy Law From Brandeis To Today: Opening Remarks, 29 J. Marshall J. Computer & Info. L. 279 (2012), Ralph Ruebner, Leslie Ann Reis, David E. Sorkin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur
Session I: The Legacy Of Justice Arthur Goldberg, 29 J. Marshall J. Computer & Info. L. 285 (2012), Samuel R. Olken, Gerald Berendt, Gilbert A. Cornfield, Gilbert Feldman, David Stebenne, Milton I. Shadur
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
Session Ii: Historical Perspectives On Privacy In American Law, 29 J. Marshall J. Computer & Info. L. 319 (2012), Steven D. Schwinn, Alberto Bernabe, Kathryn Kolbert, Adam D. Moore, Marc Rotenberg
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia
Dedication Of The Arthur J. Goldberg Memorial Courtroom, 29 J. Marshall J. Computer & Info. L. 405 (2012), Hon. Antonin Scalia
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Giving Credit Where Credit Is Due: A Comment On The Theoretical Foundation And Historical Origin Of The Tort Remedy For Invasion Of Privacy, 29 J. Marshall J. Computer & Info. L. 493 (2012), Alberto Bernabe
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long
Session Iv: Technology And The Future Of Privacy, 29 J. Marshall J. Computer & Info. L. 379 (2012), David E. Sorkin, Ann Bartow, Robert S. Gurwin, Doris E. Long
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill
Session Iii: Privacy Regulation And Policy Perspectives, 29 J. Marshall J. Computer & Info. L. 343 (2012), Leslie Ann Reis, Mary Ellen Callahan, Renard Francois, Peter P. Swire, C. William O'Neill
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
What's Mine Is Yours: Targeting Privacy Issues And Determining The Best Solutions For Behavioral Advertising, 29 J. Marshall J. Computer & Info. L. 637 (2012), Sarah Cathryn Brandon
What's Mine Is Yours: Targeting Privacy Issues And Determining The Best Solutions For Behavioral Advertising, 29 J. Marshall J. Computer & Info. L. 637 (2012), Sarah Cathryn Brandon
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Drug Testing And Privacy In The Workplace, 29 J. Marshall J. Computer & Info. L. 463 (2012), Adam D. Moore
Drug Testing And Privacy In The Workplace, 29 J. Marshall J. Computer & Info. L. 463 (2012), Adam D. Moore
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A Liberal Communitarian Conception Of Privacy, 29 J. Marshall J. Computer & Info. L. 419 (2012), Amitai Etzioni
A Liberal Communitarian Conception Of Privacy, 29 J. Marshall J. Computer & Info. L. 419 (2012), Amitai Etzioni
UIC John Marshall Journal of Information Technology & Privacy Law
In a large and complex society, anti-social behavior cannot be restrained by government intervention alone—without it becoming a police state. Informal social controls are necessary to keep deviance from societal norms and values at a socially acceptable level, and one of the levers of this social pressure is the observation of and reaction to the personal conduct of members of one’s community.
This article argues that in several areas of contemporary American life decreasing privacy by strengthening informal social controls will lessen the need for state surveillance and regulation, which tends to be act with a heavier hand and is …
Turning Points In Telecommunications History, 29 J. Marshall J. Computer & Info. L. 513 (2012), Paul J. Larkin, Jr.
Turning Points In Telecommunications History, 29 J. Marshall J. Computer & Info. L. 513 (2012), Paul J. Larkin, Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Curious Case Of Convenience Casinos: How Internet Sweepstakes Cafes Survive In A Gray Area Between Unlawful Gambling And Legitimate Business Promotions, 29 J. Marshall J. Computer & Info. L. 594 (2012), Steve Silver
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 701 (2012), Kyle Fonville, Grace Hwang, Nivesh Oudit
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Petitioner, 29 J. Marshall J. Computer & Info. L. 701 (2012), Kyle Fonville, Grace Hwang, Nivesh Oudit
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg
Right To Information Identity, 29 J. Marshall J. Computer & Info. L. 539 (2012), Elad Oreg
UIC John Marshall Journal of Information Technology & Privacy Law
Inspired by the famous Warren and Brandeis conceptualization of the “right to privacy,” this article tries to answer a modern, conceptual lacuna and presents the argument for the need to conceptualize and recognize a new, independent legal principle of a “right to information identity.” This is the right of an individual to the functionality of the information platforms that enable others to identify and know him and to remember who and what he is. Changes in technology and social standards make the very notion of identity increasingly fluid, transforming the way it is treated and opening new and fascinating ways …
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Bench Memorandum, 29 J. Marshall J. Computer & Info. L. 673 (2012), Russell Bottom, Greer Herman, Catherine Nance, Robin Ann Sowizrol, Gina Spada
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012), Svetlana Gitman
(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012), Svetlana Gitman
UIC Law Review
No abstract provided.
Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer
UIC Law Review
No abstract provided.
Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson
Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson
UIC Law Review
No abstract provided.
Extraterritorial Protection Of Trade Secret Rights In China: Do Section 337 Actions At The Itc Really Prevent Trade Secret Theft Abroad?, 11 J. Marshall Rev. Intell. Prop. L. 523 (2012), Steven E. Feldman, Sherry L. Rollo
Extraterritorial Protection Of Trade Secret Rights In China: Do Section 337 Actions At The Itc Really Prevent Trade Secret Theft Abroad?, 11 J. Marshall Rev. Intell. Prop. L. 523 (2012), Steven E. Feldman, Sherry L. Rollo
UIC Review of Intellectual Property Law
With an ever increasing number of United States ("U.S.") companies conducting business abroad or conducting business with foreign entities there is more need than ever for the U.S. companies to consider how they can protect their intellectual property assets. The Federal Circuit‘s recent TianRui Grp.Co. v. Int’l Trade Comm’n and Amsted Indus. decision highlights the potential of section 337 of the U.S. Patent Act as a tool to prevent the exploitation of misappropriated trade secrets embodied in products that are imported into the United States. This article explores the potential impact of the TianRui decision on business practices abroad, particularly …
Managing Peer-To-Peer Traffic In Mainland China And Hong Kong, 11 J. Marshall Rev. Intell. Prop. L. 548 (2012), Ke Steven Wan
Managing Peer-To-Peer Traffic In Mainland China And Hong Kong, 11 J. Marshall Rev. Intell. Prop. L. 548 (2012), Ke Steven Wan
UIC Review of Intellectual Property Law
For over a decade, copyright infringement using peer-to-peer ("P2P") file sharing has plagued the content industries. Response came in the form of massive lawsuits against file sharers and the use of technologies including digital rights management and technical protection measures. However, illegal P2P file sharing is still rampant. Increasingly, internet service providers ("ISPs") have begun to monitor network traffic with deep packet inspection. Under the Digital Millennium Copyright Act ("DMCA"), ISPs are usually only responsible for their own direct copyright infringing acts. To mitigate potential liability, some ISPs have agreed to partner with copyright owners to serve warnings to subscribers …