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Domain And Forum: Public Space, Public Freedom, Rebecca Tushnet
Domain And Forum: Public Space, Public Freedom, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
The particular problems of content and viewpoint discrimination rarely surface in copyright, though some people have argued that fair use implicates them. Nonetheless, one important lesson for copyright from public forum doctrine is that First Amendment law can take some - though not many - speech-related options off the table. In this brief comment, I argue that analogies between copyright law and public forum doctrine highlight important shared commitments to free and robust public discourse, but also substantial practical barriers to judicial enforcement of those commitments.
Panel 1: Ksr V. Teleflex: The Nonobviousness Requirement Of Patentability, John R. Thomas, John Richards, Herbert F. Schwartz, Steven J. Lee
Panel 1: Ksr V. Teleflex: The Nonobviousness Requirement Of Patentability, John R. Thomas, John Richards, Herbert F. Schwartz, Steven J. Lee
Georgetown Law Faculty Publications and Other Works
KSR is a big case because it addresses the only significant patentability requirement that exists under U.S. law. I count four fundamental patentability requirements: statutory subject matter, utility, novelty, and nonobviousness. It is plain that in the United States statutory subject matter is as broad as human experience itself. Utility, a very lenient requirement, is also easily met in most areas of technology. Novelty too is also easily satisfied. So what we are really left with is the fundamental gatekeeper to patentability. Should the Supreme Court raise that standard, it will effectively cede a great deal of proprietary subject matter …