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Full-Text Articles in Law

The Law As Uncopyrightable: Merging Idea And Expression Within The Eleventh Circuit’S Analysis Of “Law-Like” Writing, Christina M. Frohock Jun 2019

The Law As Uncopyrightable: Merging Idea And Expression Within The Eleventh Circuit’S Analysis Of “Law-Like” Writing, Christina M. Frohock

University of Miami Law Review

The Eleventh Circuit recently issued an opinion in Code Revision Commission v. Public.Resource.Org, Inc. that meditates on the law as much as resolves a dispute. For that reason alone, attention should be paid. A commission acting on behalf of the Georgia General Assembly and the State of Georgia filed a copyright infringement action against a nonprofit organization that had disseminated annotated state statutes. The Eleventh Circuit took these modest facts and delivered a philosophical analysis of the nature of law, finding that statutory annotations are outside copyright protection because the true author of such “law-like” writing is “the People.” …


The Unlikely Duo That Shocked The Intellectual Property World And Why The Supreme Court Was The Chosen One To Restore Balance, Nicholas Dilts May 2019

The Unlikely Duo That Shocked The Intellectual Property World And Why The Supreme Court Was The Chosen One To Restore Balance, Nicholas Dilts

University of Miami Law Review

The United States Congress passed the Leahy Smith America Invents Act in 2011 in an effort to streamline the patent system and reduce patent litigation, allowing the United States to continue to be competitive globally. The Act enabled the U.S. Patent Office to facilitate patent challenges through an administrative process called inter partes review, an adversarial proceeding before the newly established Patent Trial and Appeal Board that was designed to be a cheaper and more efficient alternative for post-grant patent review than litigation in front of the federal district courts. In the years that followed, the Patent Trail and Appeal …