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Full-Text Articles in Law
Copycats, Relax - The Federal Circuit Lightens Up On Willful Patent Infringement, Sarah J. Garber
Copycats, Relax - The Federal Circuit Lightens Up On Willful Patent Infringement, Sarah J. Garber
Missouri Law Review
"Willful" infringement is alleged in over 90% of patent cases. This is primarily because, under the Patent Act and Federal Circuit case law, a finding of willful infringement gives trial judges the discretion to award treble damages and attorney's fees to the patentee. Given that patent infringement actions can carry litigation fees of two million dollars or more, an award of punitive damages is a serious threat to accused infringers. A common and powerful defense to a willful infringement allegation is reasonable reliance on an opinion of counsel. Using this defense, the accused infringer can prove he acted in good …
Cell Phone Ringtones: A Case Study Exemplifying The Complexities Of The Section 115 Mechanical License Of The Copyright Act Of 1976, Daniel M. Simon
Cell Phone Ringtones: A Case Study Exemplifying The Complexities Of The Section 115 Mechanical License Of The Copyright Act Of 1976, Daniel M. Simon
Duke Law Journal
Most Americans carry their cell phones everywhere. Cell phone users can purchase ringtones to replace the traditional telephone ring. But often the ringtones are excerpts from copyrighted works, including popular music. This technology has grown enormously in a short time span, forcing lawmakers to consider its applicability to copyright laws that predate ringtones' existence by nearly fifty years. This Note examines the mechanical license provision of the Copyright Act of 1976, including its overlooked legislative history, to determine whether the mechanical license applies to ringtones. It concludes that the statute's requirements exclude most types of ringtones from the scope of …
Economic Foundations Of Intellectual Property Rights, Joseph E. Stiglitz
Economic Foundations Of Intellectual Property Rights, Joseph E. Stiglitz
Duke Law Journal
No abstract provided.
Internet Packet Sniffing And Its Impact On The Network Neutrality Debate And The Balance Of Power Between Intellectual Property Creators And Consumers, Rob Frieden
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Intellectual Property And Americana, Or Why Ip Gets The Blues, Michael J. Madison
Intellectual Property And Americana, Or Why Ip Gets The Blues, Michael J. Madison
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Addressing Default Trends In Patent-Based Section 337 Proceedings In The United States International Trade Commission, John C. Evans
Addressing Default Trends In Patent-Based Section 337 Proceedings In The United States International Trade Commission, John C. Evans
Michigan Law Review
Section 337 of the Tarif Act of 1930 empowers the United States International Trade Commission to investigate imports to ensure imports do not infringe on U.S. trademarks. The Commission permits patent, copyright, and trademark owners to notify the Commission of possibly infringing imports and to obtain exclusion orders that prevent importation of products that infringe their intellectual property. The total number of investigations increased from 1996 to 2005, yet the proportion of respondent defaults rose as well. The increase in defaults suggests there is some systemic difficulty in ensuring full participation. This Note argues that the res judicata effects of …
Embryonic Stem Cells, Intellectual Property, And Patents: Ethical Concerns, Samuel Packer
Embryonic Stem Cells, Intellectual Property, And Patents: Ethical Concerns, Samuel Packer
Hofstra Law Review
No abstract provided.
Google And Fair Use, Jonathan Band
Google And Fair Use, Jonathan Band
Journal of Business & Technology Law
No abstract provided.
User-Generated Content And The Future Of Copyright: Part One--Investiture Of Ownership, Steven Hetcher
User-Generated Content And The Future Of Copyright: Part One--Investiture Of Ownership, Steven Hetcher
Vanderbilt Journal of Entertainment & Technology Law
While user-generated content (UGC) has been around for quite some time, the digital age has led to an explosion of new forms of UGC. Current UGC mega-sites, such as YouTube, Facebook, and MySpace, have given UGC a new level of significance, due to their ability to bring together large numbers of users to interact in new ways. The "user" in UGC generally refers to amateurs, but also includes professionals and amateurs aspiring to become professionals. "Generated" is synonymous with created, reflecting the inclusion of some minimal amount of creativity in the user's work. Finally, "content" refers to digital content, or …
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
University of Richmond Law Review
No abstract provided.
Sentencing Luxury: The Valuation Debate In Sentencing Traffickers Of Counterfeit Luxury Goods, Jana Nicole Checa Chong
Sentencing Luxury: The Valuation Debate In Sentencing Traffickers Of Counterfeit Luxury Goods, Jana Nicole Checa Chong
Fordham Law Review
This Note examines the contentious debate that exists regarding the property valuation used by the U.S. Sentencing Guidelines with regard to counterfeiting. Currently, the Sentencing Guidelines employ “street value.” However, many scholars and organizations argue that the alternative use of “retail value” will best assess the harm to the intellectual property owner as well as combat the growing problem of counterfeiting. This Note suggests that amending the Sentencing Guidelines, in order to allow for application of “retail value,” will best combat a growing national and international problem posed by the counterfeit luxury goods market.
Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia
Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz
Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Enablement Pendulum Swings Back, Sean B. Seymore
The Enablement Pendulum Swings Back, Sean B. Seymore
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford
Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Raising The Dead: How The Ninth Circuit Avoided The Supreme Court's Guidelines Concerning Aesthetic Functionality And Still Got Away With It In Au-Tomotive Gold, Yevgeniy Markov
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev
Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks
Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks
Northwestern Journal of Technology and Intellectual Property
Attorneys increasingly are confronting the significant ethical issues raised when a data-security breach occurs. Many traps exist for the unwary in this evolving area of the law, especially in light of concerns regarding e-discovery and a lack of judicial interpretation of applicable statutes. This article provides a legal framework in this area of the law and explores ethical considerations arising when an attorney represents a client who has suffered a data-security breach.
Massively Multiplayer Online Fraud: Why The Introduction Of Real World Law In A Virtual Context Is Good For Everyone, Ethan E. White
Massively Multiplayer Online Fraud: Why The Introduction Of Real World Law In A Virtual Context Is Good For Everyone, Ethan E. White
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel
Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.
The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai
Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson
Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels
Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Open Legislation Development, Jacob Ewerdt
Open Legislation Development, Jacob Ewerdt
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel
Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze
Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Nonprofit Commercialization Under Bayh-Dole And The Academic Anticommons, Rachael A. Ream
Nonprofit Commercialization Under Bayh-Dole And The Academic Anticommons, Rachael A. Ream
Case Western Reserve Law Review
No abstract provided.
Users As Innovators: Implications For Patent Doctrine, Katherine J. Strandburg
Users As Innovators: Implications For Patent Doctrine, Katherine J. Strandburg
University of Colorado Law Review
User innovators range from commercial firms, which invent new production methods in expectation of competitive advantage, to individual hobbyists motivated entirely by their enjoyment of the inventive process. In this Article, I consider the implications for patent doctrine of the fact that many user innovators derive sufficient benefit simply from developing and using their inventions to motivate them to invest the effort necessary to invent them. Moreover, user innovators often benefit from "freely revealing" their innovations to others. Trade secrecy and patenting are not central to motivating this inventive activity. This picture of user innovation contrasts sharply with the seller …