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Northwestern Pritzker School of Law

Kellogg School of Business

Articles 1 - 30 of 37

Full-Text Articles in Law

Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

Overcoming The Achilles Heel Of Copyright Law, Haochen Sun

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 Jan 2007

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 Jan 2007

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 Jan 2007

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.


What Multinational Companies Need To Know About Patent Enforcement And Patent Litigation In China, J. Benjamin Bai, Peter J. Wang, Helen Cheng Jan 2007

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 Jan 2007

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.


Evaluating The Proposed Changes To Federal Rule Of Civil Procedure 37: Spoliation, Routine Operation And The Rules Enabling Act, Nathan D. Larsen Jan 2006

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 Jan 2006

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 Jan 2006

"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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

Trademark Dilution In Japan, Kenneth L. Port

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A New Economics Of Trademarks, David W. Barnes Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2006

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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.