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2006

Intellectual Property Law

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Articles 1 - 30 of 102

Full-Text Articles in Law

Vol. Ix, Tab 41 - Ex. J - Hagan Deposition From Cng (Google Managing Counsel - Trademarks), Rose Hagan Nov 2006

Vol. Ix, Tab 41 - Ex. J - Hagan Deposition From Cng (Google Managing Counsel - Trademarks), Rose Hagan

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Copyright And The Dead Sea Scrolls (Program), David Nimmer Nov 2006

Copyright And The Dead Sea Scrolls (Program), David Nimmer

Stanley H. Mervis Lecture

No abstract provided.


Fixing Fair Use, Michael W. Carroll Nov 2006

Fixing Fair Use, Michael W. Carroll

Working Paper Series

The fair use doctrine in copyright law balances expressive freedoms by permitting one to use another’s copyrighted expression under certain circumstances. The doctrine’s extreme context-sensitivity renders it of little value to those who require reasonable ex ante certainty about the legality of a proposed use. In this Article, Professor Carroll advances a legislative proposal to create a Fair Use Board in the U.S. Copyright Office that would have power to declare a proposed use of another’s copyrighted work to be a fair use. Like a private letter ruling from the IRS or a “no action” letter ...


The Problem Of Social Cost In A Genetically Modified Age, Paul J. Heald, James C. Smith Nov 2006

The Problem Of Social Cost In A Genetically Modified Age, Paul J. Heald, James C. Smith

Scholarly Works

In Part I of this Article, we apply the Coase Theorem and its most useful corollary to the problem of pollen drift. We conclude that the liability of pollen polluters should be governed by balancing rules against nuisance law, to be applied on a case-by-case basis, rather than by a blanket liability or immunity rule. We also conclude that truly bystanding non-GMO farmers should have a viable defense to patent infringement because liability would result in the application of a reverse Pigovian tax that cannot be justified under accepted economic theory. Only a contextual approach can account for the wide ...


Metaphor, Objects, And Commodities, George H. Taylor, Michael J. Madison Oct 2006

Metaphor, Objects, And Commodities, George H. Taylor, Michael J. Madison

University of Pittsburgh School of Law Working Paper Series

This Article is a contribution to a Symposium that focuses on the ideas of Margaret Jane Radin as a point of departure, and particularly on her analyses of propertization and commodification. While Radin focuses on the harms associated with commodification of the person, relying on Hegel’s idea of alienation, we argue that objectification, and in particular objectification of various features of the digital environment, may have important system benefits. We present an extended critique of Radin’s analysis, basing the critique in part on Gadamer’s argument that meaning and application are interrelated and that meaning changes with application ...


Google The Gozerian And Fair Use Slimed: Copyright Again In The Technocrat's Den, Brian Sites Oct 2006

Google The Gozerian And Fair Use Slimed: Copyright Again In The Technocrat's Den, Brian Sites

Faculty Scholarship

This article considers the fair use doctrine as it applies to Google's Library Search Project and both predicts and advocates for a finding of fair use. Part I briefly reviews the past by considering the pertinent history of the fair use doctrine. It also explains the details of the current suit over Google's Library Project. Part II moves on to consider the current state of fair use analysis by reviewing 110 fair use cases and conducting simple statistical analyses. It then explains and applies the fair use doctrine to Google's project. Part III considers cases frequently compared ...


Recent Developments In Copyright Law: Selected U.S. Supreme Court, Court Of Appeals, And District Court Opinions Between February 1, 2005 And May 1, 2006, Tyler T. Ochoa Oct 2006

Recent Developments In Copyright Law: Selected U.S. Supreme Court, Court Of Appeals, And District Court Opinions Between February 1, 2005 And May 1, 2006, Tyler T. Ochoa

Faculty Publications

This article highlights nine U.S. copyright law decisions handed down between February 1, 2005 and May 1, 2006. This review was originally delivered as a speech at The 50th Annual Conference of Developments in Intellectual Property Law held by The John Marshall Law School Center for Intellectual Property Law on May 26, 2006. Discussing a wide range of cases from peer-to-peer file sharing to standing, the analysis focuses on the most recent developments in copyright.


Vol. Ix, Tab 41 - Ex. 21 - Email From Lena Huang (Rosetta Online Marketing), Lena Huang Sep 2006

Vol. Ix, Tab 41 - Ex. 21 - Email From Lena Huang (Rosetta Online Marketing), Lena Huang

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Bill To Amend Title 35, U.S. Code, To Conform Certain Filing Provisions Within The Patent And Trademark Office, 109th Cong., Sept. 14, 2006 (Statement Of Statement Of John R. Thomas, Geo. U. L. Center), John R. Thomas Sep 2006

Bill To Amend Title 35, U.S. Code, To Conform Certain Filing Provisions Within The Patent And Trademark Office, 109th Cong., Sept. 14, 2006 (Statement Of Statement Of John R. Thomas, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.


A Battle Between Geography Indication And Trademark, Jia Xu Aug 2006

A Battle Between Geography Indication And Trademark, Jia Xu

Cornell Law School J.D. Student Research Papers

In 2005, Administration for Quality, Supervision, Inspection and Quarantine (AQSIQ) issued “Administrative Regulation on Indications of Original Source and Regulation on Protection of Products from Original Sources,” but “Implementing Rules of the Trademark Law of the People's Republic of China” has included the protection of Geography Indication into the trademark law. The two separate tracks of protection of GI have caused much confusion to the intellectual property right holders regarding their property rights. This thesis introduces and compares the concept of trademark and geography indications, analyzes the current protection mode both in China and abroad and discusses how to ...


Lawful Personal Use, Jessica D. Litman Aug 2006

Lawful Personal Use, Jessica D. Litman

Law & Economics Working Papers Archive: 2003-2009

Whenever someone makes a copy of a copyrighted work, that copy is either authorized by the copyright owner, permitted by some express provision of the copyright statute (such as the ephemeral copy provision in section 112 or the fair use provision in section 107), or infringing. That's what we tell our colleagues and what we teach our students. But most of us don't actually believe it, and this article argues that that understanding of the copyright law is wrong.

I make this argument by examining the copyright law through the lens of personal use. Unlike many other jurisdictions ...


The Tiger Awakens: The Tumultuous Transformation Of India’S Patent System And The Rise Of Indian Pharmaceutical Innovation, Janice M. Mueller Aug 2006

The Tiger Awakens: The Tumultuous Transformation Of India’S Patent System And The Rise Of Indian Pharmaceutical Innovation, Janice M. Mueller

University of Pittsburgh School of Law Working Paper Series

India developed a world-class generic drug manufacturing industry by excluding pharmaceutical products from patent protection in 1972. In 2005, India reintroduced pharmaceutical patenting in order to comply with its obligations as a WTO member. For an emerging superpower still mired in poverty and public health crises, the change did not come quickly or without controversy. This Article provides the first major comparative analysis of India’s new patents regime. Based on the author’s data gathering and interviews in India, the Article evaluates the regime’s first eighteen months. It critiques the new law and the capacity of India’s ...


Design Piracy And Self-Regulation: The Fashion Originators' Guild Of America, 1932-1941, Sara B. Marcketti, Jean L. Parsons Jul 2006

Design Piracy And Self-Regulation: The Fashion Originators' Guild Of America, 1932-1941, Sara B. Marcketti, Jean L. Parsons

Apparel, Events and Hospitality Management Publications

The concept of copying or “knocking off” another designer's idea is an accepted practice in the apparel industry. Legally, designers and manufacturers have had tenuous success in proving their work “original and novel” as required by U.S. patent laws, and copyright laws often do not apply to apparel. The speed of fashion change and reliance on repetition of ideas at various price points makes design protection difficult and controversial. Historically, arguments for and against measures to control copying of apparel most frequently divided along price lines. The Fashion Originators' Guild of America (FOGA, 1932-1941) developed one of the ...


Fair Use In Independent Documentary Filmmaking, Margaret Hennefeld Jun 2006

Fair Use In Independent Documentary Filmmaking, Margaret Hennefeld

CUREJ - College Undergraduate Research Electronic Journal

Copyright law's "fair use" doctrine aims to protect artists' First Amendment-informed rights by establishing the legality of their non-licensed citation or incorporation of copyrighted material of another author's copyrighted work into their own. However, ambiguities surrounding the function and extent of fair use, and the sheer legal expenses of clarifying these uncertainties on a case-by-case basis, frequently deny authors their First Amendment-based fair use rights. In the context of independent documentary filmmaking, a rigidly structured and highly expensive rights clearance culture generates many ethical ambiguities and thereby functions as a significant form of censorship.


The Movement For Open Access Law, Michael W. Carroll Jun 2006

The Movement For Open Access Law, Michael W. Carroll

Working Paper Series

My claim in this contribution to this important symposium is that the law and legal scholarship should be freely available on the Internet, and copyright law and licensing should facilitate achievement of this goal. This claim reflects the combined aims of those who support the movement for open access law. This nascent movement is a natural extension of the well-developed movement for free access to primary legal materials and the equally well-developed open access movement, which seeks to make all scholarly journal articles freely available on the Internet. Legal scholars have only general familiarity with the first movement and very ...


Giving Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine Jun 2006

Giving Intellectual Property, Xuan-Thao Nguyen, Jeffrey A. Maine

Faculty Publications

The interdisciplinarity of intellectual property and taxation poses many challenges to the disparate existing norms in each field of law. This Article identifies and critiques the current tax regime governing the giving of intellectual property as a manifestation of the failure to understand the principles and policies underlying intellectual property and the firm. It proposes an incentives-based system that would encourage firms to extricate part of their repository of residual rights by surrendering their monopolistic ownership of intellectual property for the benefit of charitable organizations and, in turn, the development and growth of society.


Intellectual Property In Teaching And Learning: Ownership, Fair Use And Commercialization, Varda N. Main, Marianne A. Buehler May 2006

Intellectual Property In Teaching And Learning: Ownership, Fair Use And Commercialization, Varda N. Main, Marianne A. Buehler

Library Faculty Presentations

Student and Faculty Intellectual Property
— Scenarios – What might occur?
— Forms of intellectual property (IP)
— Ownership of faculty IP
— Ownership of student IP
— Rights to use IP:
• RIT-owned
• Student-owned
• External IP
— Scenarios – Discussion of
Using Intellectual Property & Related Tools
— TEACH Act
— Online copyright tutorials & websites
— Turnitin – a plagiarism-detection tool
Handouts
Resources


Perspectives On Patents: Post-Grant Review Procedures And Other Litigation Reforms: Hearing Before The Subcomm. On Intellectual Property Of The S. Comm. On The Judiciary, 109th Cong., May 23, 2006 (Statement Of Professor John R. Thomas, Geo. U. L. Center), John R. Thomas May 2006

Perspectives On Patents: Post-Grant Review Procedures And Other Litigation Reforms: Hearing Before The Subcomm. On Intellectual Property Of The S. Comm. On The Judiciary, 109th Cong., May 23, 2006 (Statement Of Professor John R. Thomas, Geo. U. L. Center), John R. Thomas

Testimony Before Congress

No abstract provided.


Patents On Human Genes: An Analysis Of Scope And Claims, Lori B. Andrews, Jordan K. Paradise, Timothy R. Holbrooke Apr 2006

Patents On Human Genes: An Analysis Of Scope And Claims, Lori B. Andrews, Jordan K. Paradise, Timothy R. Holbrooke

All Faculty Scholarship

There is significant domestic and international opposition to gene patents based on the fact that gene patents deter medical research and health care, as well as the policy position that genes are an inherent product of nature. Yet, equally troubling is the fact that gene patents have been issued by the U.S. Patent & Trademark Office that are problematic with respect to existing federal patent law. The authors of this Policy Forum describe their study, which examined issued gene patents covering a variety of genetic diseases and described ways in which many claims fell short of USPTO patentability requirements.


Economics Of Intellectual Property Rights In Plant Materials, Wallace Huffman Apr 2006

Economics Of Intellectual Property Rights In Plant Materials, Wallace Huffman

Economics Working Papers (2002–2016)

This paper presents an economic perspective on intellectual property in plant materials, including its value, and summary information on the U.S. seed industry. It first considers intellectual property rights--types, economic incentives that they bestow, and uses across developed and developing countries. Second, it considers the U.S. seed industry-- characteristics for major crops, optimal pricing of a superior variety, and relative size of public and private research expenditures. Some conclusions and implications are presented in the final section.


Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh Apr 2006

Common Law Property Metaphors On The Internet: The Real Problem With The Doctrine Of Cybertrespass, Shyamkrishna Balganesh

Faculty Scholarship at Penn Law

The doctrine of cybertrespass represents one of the most recent attempts by courts to apply concepts and principles from the real world to the virtual world of the Internet. A creation of state common law, the doctrine essentially involved extending the tort of trespass to chattels to the electronic world. Consequently, unauthorized electronic interferences are deemed trespassory intrusions and rendered actionable. The present paper aims to undertake a conceptual study of the evolution of the doctrine, examining the doctrinal modifications courts were required to make to mould the doctrine to meet the specificities of cyberspace. It then uses cybertrespass to ...


Intellectual Property Management Strategies To Accelerate The Development And Access Of Vaccines And Diagnostics: Case Studies On Pandemic Influenza, Malaria And Sars, Anatole Krattiger, Stanley P. Kowalski, Robert Eiss, Anthony Taubman Apr 2006

Intellectual Property Management Strategies To Accelerate The Development And Access Of Vaccines And Diagnostics: Case Studies On Pandemic Influenza, Malaria And Sars, Anatole Krattiger, Stanley P. Kowalski, Robert Eiss, Anthony Taubman

Law Faculty Scholarship

Achieving global access to vaccines, diagnostics, and pharmaceuticals remains a challenge. Throughout the developing world, intellectual property (IP) constraints complicate access to critically essential medical technologies and products. Vaccines for malaria and pandemic strains of influenza, as well as diagnostic and vaccine technologies for SARS, are not only relevant to global public health but are particularly critical to the needs of developing countries. A global access solution is urgently needed. This article offers a timely case‐by‐case analysis of preliminary patent landscape surveys and formulates options via patent pools and other forms of creative IP management to accelerate development ...


The Antitrust Legality Of Pharmaceutical Patent Litigation Settlements, James F. Ponsoldt, W. Hennen Ehrenclou Apr 2006

The Antitrust Legality Of Pharmaceutical Patent Litigation Settlements, James F. Ponsoldt, W. Hennen Ehrenclou

Scholarly Works

Several federal courts of appeal have recently ruled on the issue of whether a pharmaceutical patent infringement settlement, pursuant to which a generic drug manufacturer agrees to forgo marketing a particular drug in return for monetary payments from a patent-holding “pioneer” drug manufacturer, is a violation of antitrust law. These payments are termed “reverse payments” because, contrary to normal settlements, the plaintiff makes a lump sum payment to the defendant. Reverse payments have sparked considerable academic comment and controversy. Even more recently, the Federal Trade Commission (“Commission”) and the Solicitor General have expressed views on the issue, in the context ...


Vol. Ix, Tab 46 - Ex. 8 - Email From Emily White, Emily White Mar 2006

Vol. Ix, Tab 46 - Ex. 8 - Email From Emily White, Emily White

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Vol. Vi, Tab 38 - Ex. 32 - Language Learning In The United States Of America, Rosetta Stone Mar 2006

Vol. Vi, Tab 38 - Ex. 32 - Language Learning In The United States Of America, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Pollen Drift And The Bystanding Farmer: Harmonizing Patent Law And Common Law On The Technological Frontier, Paul J. Heald, James C. Smith Mar 2006

Pollen Drift And The Bystanding Farmer: Harmonizing Patent Law And Common Law On The Technological Frontier, Paul J. Heald, James C. Smith

Popular Media

Patent law provides an impressive laundry list of defenses available to farmers who are the victims of unwanted pollen drift. The common law works hand-in-hand with patent law to ensure that a farmer’s choices are respected. Strong arguments can be made that positive economic relief should be afforded to farmers who can show the value of their crop has been diminished due to pollen drift. GMO pollen drift is a new, high-tech problem, but well-established principles of federal and state law appear prepared to offer viable low-tech solutions.


Third Party Copyright After Grokster, Alfred C. Yen Feb 2006

Third Party Copyright After Grokster, Alfred C. Yen

Boston College Law School Faculty Papers

This Article studies the construction of third party copyright liability after the recent Supreme Court case Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd. This inquiry is important because third party copyright liability has become a controversial area of law that affects the viability of entire industries. Unfortunately, the law governing third party copyright liability is unclear. Grokster involved a claim of third party liability against defendants whose technology supported the sharing of music over the Internet, and it represents the Supreme Court’s attempt to bring coherence to the relevant law. Grokster is a difficult case to understand. It added a ...


Rule-Making Petition Concerning Eligibility, Under 37 C.F.R. § 11.7 To Sit For The Examination For Registration To Practice In Patent Cases Before The United States Patent And Trademark Office, Thomas G. Field Jr. Feb 2006

Rule-Making Petition Concerning Eligibility, Under 37 C.F.R. § 11.7 To Sit For The Examination For Registration To Practice In Patent Cases Before The United States Patent And Trademark Office, Thomas G. Field Jr.

Law Faculty Scholarship

This Petition under 5 U.S.C. § 553(e) is filed on behalf of Petitioner and other parties with legally-cognizable interest (hereafter “Signatories”) in the specification of credentials under guidelines promulgated by the PTO Office of Enrollment and Discipline (“OED”) and amended from time without public notice or opportunity to comment. Signatories include individuals likely to be unfairly refused permission to sit, individuals whose status is uncertain, and professors with an interest in whether their students may or may not be permitted to sit. Signatories hereby request that the PTO, in accordance with 35 U.S.C. § 2(b)(2 ...


Keeping Up With Copyright, Margaret Ann Wilkinson Feb 2006

Keeping Up With Copyright, Margaret Ann Wilkinson

Law Presentations

No abstract provided.


Intellectual Property: The Practical And Legal Fundamentals, Thomas G. Field Jr Jan 2006

Intellectual Property: The Practical And Legal Fundamentals, Thomas G. Field Jr

Law Faculty Scholarship

Patents, copyrights, trademarks and related interests are known as intellectual property (IP). It has not been long since patents especially were regarded in U.S. courts, and the Supreme Court in particular, as tools of monopolists, and their owners often fared poorly. However, people have come increasingly to view privately funded innovation as critical to national economic well-being and to agree that such innovation cannot occur unless companies that succeed in the marketplace can recoup their research, development and marketing costs. That is a major function of IP, and, particularly within the past dozen years, IP has been seen, both ...