Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Patent and Trademark Office (3)
- Copyright (2)
- Diamond v. Chakrabarty (2)
- EPC (2)
- European Union (2)
-
- PTO (2)
- ACLU (1)
- American Civil Liberties Union (1)
- Application process (1)
- Arrythmia Research (1)
- Aspen Highlands Skiing Corp. v. Aspen Skiing Co. (1)
- Authors (1)
- Automobile Accidents Associated With Cell Phone Use: Can Cell Phone Service Providers and Manufacturers Be Held Liable Under a Theory of Negligence (1)
- Bandag Inc. v. Gerrard Tire Co. (1)
- Betamax (1)
- Bratislav Stanković (1)
- Business Software Alliance (1)
- CASPIAN (1)
- CRAA (1)
- CSU L.L.C. v. Xerox Corp. (1)
- CTEA (1)
- Claim Interpretation (1)
- Claim Scope Paradigm (1)
- Clontech Lab. (1)
- Computer (1)
- Computer Fraud and Abuse Act of 1986 (1)
- Consumers Against Supermarket Privacy Invasion And Numbering (1)
- Copyright Term Extension Act (1)
- Corazonix (1)
- DMCA (1)
- Publication
- Publication Type
Articles 1 - 15 of 15
Full-Text Articles in Law
Once And Future Copyright, James Gibson
Once And Future Copyright, James Gibson
Law Faculty Publications
Copyright is like a well-meaning but ultimately bothersome friend, eager to help but nearly impossible to get rid of. It attaches indiscriminately to the simplest acts of expression, without regard for whether the author needs or wants its protection. This automatic propertization made sense in the print era, when mass distribution of information was an expensive process rarely undertaken by those with no plans to profit from their creativity. It makes little sense today. The following article shows that copyright's overly solicitous nature is the source of several seemingly unrelated and intractable problems - e.g., closed code, copyright as censorship, …
Google's (Fair) Use Of Copyrighted Work, James Gibson
Google's (Fair) Use Of Copyrighted Work, James Gibson
Law Faculty Publications
Letters to the Editor on Google's (Fair) Use of Copyrighted Work
Patenting The Minotaur, Bratislav Stanković
Patenting The Minotaur, Bratislav Stanković
Richmond Journal of Law & Technology
Half man, half bull, the Minotaur was the most fearsome monster in Greek mythology. Human torso and bull’s head, its horns were sharp as knives, its great hooves could kick the life out the strongest of heroes, and its food was human flesh. Yet under the surface, the Minotaur’s myth was sad; his insatiable existence originated in jealousy and lust.
Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah
Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah
Richmond Journal of Global Law & Business
No abstract provided.
Entrance Ramps, Tolls, And Express Lanes – Proposals For Decreasing Traffic Congestion In The Patent Office, Kristen Jakobsen Osenga
Entrance Ramps, Tolls, And Express Lanes – Proposals For Decreasing Traffic Congestion In The Patent Office, Kristen Jakobsen Osenga
Law Faculty Publications
This Article proposes implementing a multitier patent system by the creation of two additional "roads" or routes that a patent application may follow. Because many patents are not sought with the intention of pursuing the traditional patent reward of commercialization or profit through access control, that is, the exercise of the limited patent monopoly, there is no reason for every single application to follow the current route. The creation of an auxiliary, or "side road," would decrease crowding on the current patent grant highway while still allowing the nontraditional applications to enter and traverse the patent grant system with different …
Ready, Set, Mark Your Patented Software!, John Labarre, Xavier Gómez-Velasco
Ready, Set, Mark Your Patented Software!, John Labarre, Xavier Gómez-Velasco
Richmond Journal of Law & Technology
The question of whether software programs embodying patented processes need to be marked in accordance with the marking requirement as set forth under 35 U.S.C. § 287 is an unanswered issue. This article first analyzes the marking requirement in the United States patent system and then goes on to survey the rocky history of patents on software innovations. After noting that neither the Supreme Court nor the Federal Circuit has directly decided the issue of the applicability of the Marking Statute to software programs, the article analyzes recent federal district court and Federal Circuit cases, ultimately reasoning that the Federal …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar
Richmond Journal of Law & Technology
I hope you enjoy the second issue of Volume XI of the Richmond Journal of Law & Technology. The Editorial Board and Staff worked diligently with four outstanding authors to prepare this issue. We are proud to present timely articles by two professors, a practitioner, and the winner of the Journal’s staff casenote competition.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Richmond Journal of Law & Technology
Welcome to the second issue of the Richmond Journal of Law & Technology for the 2005-2006 academic year. The Staff and Editorial Board of the Journal have spent considerable time preparing this issue for publication, endeavoring to continue the legal discourse on a range of topics. Volume 12, Issue 2 addresses four distinct areas of law.
State Of The Art(S): Protecting Publishers Or Promoting Progress?, Thomas A. Mitchell
State Of The Art(S): Protecting Publishers Or Promoting Progress?, Thomas A. Mitchell
Richmond Journal of Law & Technology
The Framers guarded against the future accumulation of monopoly power in booksellers and publishers by authorizing Congress to vest copyrights only in ‘Authors.
Radio Frequency Identification: Legal Aspects, Reuven R. Levary, David Thompson, Kristen Kot, Julie Brothers
Radio Frequency Identification: Legal Aspects, Reuven R. Levary, David Thompson, Kristen Kot, Julie Brothers
Richmond Journal of Law & Technology
Radio frequency identification (RFID) is a wireless technology that identifies objects without having either contact or sight of them. Unlike optically read technologies such bar codes, RFID tags can be read despite fog, ice, snow, paint or widely fluctuating temperatures. Additionally, RFID can identify moving objects. Data in an RFID tag is stored in an integrated circuit, and sent to the reader via an antenna. An RFID reader is essentially a radio frequency receiver controlled by a microprocessor or digital signal processor. The reader uses an attached antenna to capture the data transmitted from the tag and sends the information …
Patent Claim Interpretation And Information Costs, Christopher A. Cotropia
Patent Claim Interpretation And Information Costs, Christopher A. Cotropia
Law Faculty Publications
The concept of invention is crucial to patent law. Inventions of patentable quality are what the patent system is trying to encourage. In order to provide this incentive to produce such inventions, the patent system must provide protection for the invention. The problem the patent system runs into is that inventions are dijjicult to define-the dijjiculty stemming in part from the intangible nature of inventions. As a result, patent law encounters an information cost problem. Everyone in the patent system needs information about the invention, but the invention's intangibleness makes this information costly to produce, collect, and comprehend. Patent law …
Designer Discounter Infringes Trademark And Goes Unpunished: A Look At Gucci America, Inc. V. Daffy’S, Inc. And The Lanham Act, Sarah Cone
Richmond Journal of Law & Technology
Regardless of the quality, a knockoff handbag is still a knockoff. It was on this premise that Gucci America, Inc. filed suit against Daffy’s, Inc. for selling counterfeit Gucci handbags. Gucci alleged that Daffy’s violated its trademark protection under the Lanham Act. In the lawsuit, Gucci asserted that it was concerned about the possible confusion of consumers who purchased counterfeit “Jackie-O” handbags, believing them to be genuine Gucci products. Neither the district court nor the circuit court allowed Gucci relief against Daffy’s. This note examines how that decision fits within the Lanham Act.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Richmond Journal of Law & Technology
It is my pleasure on behalf of the Staff and Editorial Board of the Richmond Journal of Law & Technology to introduce the first issue of the 2005-2006 academic year. The Journal is proud to present four articles dealing with a range of relevant topics.
When Does A Patent Right Become An Antitrust Wrong? Antitrust Liability For Refusals To Deal In Patented Goods, Aaron B. Rabinowitz
When Does A Patent Right Become An Antitrust Wrong? Antitrust Liability For Refusals To Deal In Patented Goods, Aaron B. Rabinowitz
Richmond Journal of Law & Technology
[T]he benefit even of limited monopolies is too doubtful to be opposed to that of their general suppression.At the border of intellectual property monopolies and antitrust markets lies a field of dissonance yet to be harmonized by statute or the Supreme Court.
Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia
Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia
Law Faculty Publications
The optimal scope of patent protection is an issue with which patent system observers have struggled for decades. Various patent doctrines have been recognized as tools for creating specific patent scopes and, as a result, implementing specific patent theories. One area of patent law that has not been addressed in the discussion on patent scope and theories is patent claim interpretation. This omission is particularly noteworthy because of the substantive role patent claims and the interpretation thereof play in the patent system, namely the framing of questions of patent infringement and validity. This Article will explore the not-yet-discussed relationship between …