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Articles 241 - 260 of 260
Full-Text Articles in Intellectual Property Law
A Thousand Clones: The Scope Of Copyright Protection In The "Look And Feel" Of Computer Programs—Digital Communications Associates, Inc. V. Softklone Distributing Corp., 659 F. Supp. 449 (N.D. Ga. 1987), Alan S. Middleton
Washington Law Review
In Digital Communications Associates, Inc. v. Softklone Distributing Corp., the United States District Court for the Northern District of Georgia rejected "standardization" as a reason to deny copyright protection to user interface design. The court also rejected the proposition, advanced six months earlier in Broderbund Software, Inc. v. Unison World, Inc., that copyright protection of the underlying computer program extends to the screen displays generated by that program. Once it found the screen displays to be separately copyrightable, the Softklone court evaluated each feature of the display individually, and extended copyright protection to some elements of the user interface. Although …
Biological Deposits Necessary For Patent Protection: An Expansion Of Permissible Procedure—In Re Lundak, 773 F.2d 1216, 227 U.S.P.Q (Bna) 90 (Fed. Cir. 1985), Debra K. Leith
Washington Law Review
The standard for biological deposits necessary for compliance with the enablement provisions of the Patent Act of 1952 (codified at Title 35 U.S.C.) has been altered by the Federal Circuit Court of Appeals in In re Lundak. Before Lundak, patent applications dependent on the use of biological materials called for the deposit of a biological sample in an independent depository, out of the inventor's control, on or before the filing date. The Lundak decision now permits an inventor to retain control of the deposit during prosecution of the patent application, so long as the public is guaranteed access to the …
Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt
Washington Law Review
In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditional operable assembly standard for determining a "making." In its place, the court adopted a more flexible standard that included partial assemblies that have no significant noninfringing purpose. This test for infringement significantly broadens patent protection and further restricts the permissible activity of competitors allowed during the patent term. The court's standard grants the patent owner a de facto monopoly beyond the expiration date by restricting competitors from making preparations to enter the market after the patent expires. The decision represents a movement by the Federal Circuit …
Patent Infringement: Redefining The "Making" Standard To Include Partial Assemblies—Paper Converting Machine Co. V. Magna-Graphics Corp., 745 F.2d 11 (Fed. Cir. 1984), Stuart Watt
Washington Law Review
In Paper Converting Machine Co. v. Magna-Graphics Corp., the Federal Circuit rejected the traditional operable assembly standard for determining a "making." In its place, the court adopted a more flexible standard that included partial assemblies that have no significant noninfringing purpose. This test for infringement significantly broadens patent protection and further restricts the permissible activity of competitors allowed during the patent term. The court's standard grants the patent owner a de facto monopoly beyond the expiration date by restricting competitors from making preparations to enter the market after the patent expires. The decision represents a movement by the Federal Circuit …
Protecting Intellectual Property In Taiwan—Non-Recognized United States Corporations And Their Treaty Right Of Access To Courts, Michael M. Hickman
Protecting Intellectual Property In Taiwan—Non-Recognized United States Corporations And Their Treaty Right Of Access To Courts, Michael M. Hickman
Washington Law Review
As global trade grows, intellectual property rights become increasingly important. United States corporations must often seek redress for infringement of their intellectual property rights in foreign forums. Taiwan has an international reputation for commercial counterfeiting. United States corporations with no presence in Taiwan are sometimes victims of infringement there. This Note describes the problems a non-recognized United States corporation presently faces in protecting its intellectual property rights in Taiwan and proposes a solution embodied in the United States-Republic of China (ROC) Treaty of Friendship, Commerce, and Navigation (FCN Treaty). A criminal case instituted by Apple Computer in Taiwan illustrates the …
Patenting Inventions That Embody Computer Programs Held As Trade Secrets—White Consolidated Industries V. Vega Servo-Control, 713 F.2d 788 (Fed. Cir. 1983), Ellen Lauver Weber
Patenting Inventions That Embody Computer Programs Held As Trade Secrets—White Consolidated Industries V. Vega Servo-Control, 713 F.2d 788 (Fed. Cir. 1983), Ellen Lauver Weber
Washington Law Review
An inventor develops a numerical control system that allows a computer program to control the complex operation of machine tools such as drill bits. One of the elements in the numerical control system is a trade secret available only from the inventor. The inventor would like to patent the system as a whole, but an inventor must generally disclose how the invention works in order to obtain a patent. Must this inventor completely disclose how the trade secret works in order to obtain a patent on the whole system? The Federal Circuit Court of Appeals said "yes" in White Consolidated …
Copyright And Factual Works—Is Research Protected?—Miller V. Universal City Studios, Inc., 650 F.2d 1365 (5th Cir. 1981), Edwin K. Sato
Copyright And Factual Works—Is Research Protected?—Miller V. Universal City Studios, Inc., 650 F.2d 1365 (5th Cir. 1981), Edwin K. Sato
Washington Law Review
Gene Miller, a reporter for the Miami Herald, collaborated with a kidnapping victim in writing the book 83 Hours Till Dawn. The book detailed the victim's experience of being placed in a coffin-like container and buried alive in the Georgia woods for five days. Universal City Studios negotiated with Miller to purchase the movie rights to the work, but no agreement was reached. Nevertheless, Universal produced and aired a television movie about the kidnapping. Miller brought an action alleging that Universal's making of the movie infringed his copyright in the book. The trial court instructed the jury that, while facts …
Antitrust Problems In International Technology Transfers—United States V. Westinghouse Electric Corp., 648 F.2d 642 (9th Cir. 2981), Christina Marie Ager
Antitrust Problems In International Technology Transfers—United States V. Westinghouse Electric Corp., 648 F.2d 642 (9th Cir. 2981), Christina Marie Ager
Washington Law Review
In 1970 the Department of Justice brought an antitrust action against Westinghouse Electric Corporation and two Japanese corporations, Mitsubishi Electric Corporation (MELCO) and Mitsubishi Heavy Industries Ltd. (MHI) (together Mitsubishi). The government alleged violations of section 1 of the Sherman Act. Since 1923 the defendants or their predecessors had a series of technology-sharing agreements under which Westinghouse granted licenses of its Japanese patents to Mitsubishi. It excluded its counterpart patents in the United States and Canada from the agreements. The government contended that Mitsubishi had become so dependent on Westinghouse technology because of the technology-sharing agreements that it could not …
Parallel Importation Of Trademarked Goods: A Comparative Analysis, Kaoru Takamatsu
Parallel Importation Of Trademarked Goods: A Comparative Analysis, Kaoru Takamatsu
Washington Law Review
This Article reviews how major countries and common markets, including the United States, Japan and the European Community, have dealt with the problem of parallel importation. It then suggests common criteria to solve this problem in each nation. It concludes that the proper results in parallel importation cases will be reached if the problem is analyzed in terms of the major functions of trademarks.
Copyright Law—Who Gets The Picture?—Universal City Studios, Inc., V. Sony Corp. Of America, 659 F.2d 963 (9th Cir. 1981), Cert. Granted, 50 U.S.L.W. 3982 (No. 81-1687), Debra A. Sitzberger
Copyright Law—Who Gets The Picture?—Universal City Studios, Inc., V. Sony Corp. Of America, 659 F.2d 963 (9th Cir. 1981), Cert. Granted, 50 U.S.L.W. 3982 (No. 81-1687), Debra A. Sitzberger
Washington Law Review
In Universal City Studios, Inc. v. Sony Corp. of America, the United States Court of Appeals for the Ninth Circuit defined the scope of copyright protection afforded audiovisual material broadcast on public airways. The plaintiffs, Universal City Studios, Inc. and Walt Disney Productions, Inc., produced and owned the copyrights to thirty-two publicly broadcast motion pictures. The case arose when the defendant recorded these movies for private use on a Sony "Betamax" brand home videotape recorder (VTR). The plaintiffs sued this defendant for direct copyright infringement. They also sued the manufacturer, distributor, advertiser, and retail sellers of the Betamax VTR for …
Parody And Fair Use: The Critical Question, Susan Linehan Faaland
Parody And Fair Use: The Critical Question, Susan Linehan Faaland
Washington Law Review
Criticism has long been grounds for fair use status. This comment argues that parody's value, and its qualification for fair use status, should be defined by its critical effect. It follows then, that the amount which the parody should be able to borrow should be measured in terms of this critical effect: the parodist should be able to borrow the amount necessary to achieve effectively her work's critical purpose, which is the only reason for allowing fair use in the first place. This comment begins with an examination of the fair use doctrine and its application to parody by courts …
Patents—Contributory Infringement And Patent Misuse Under 35 U.S.C. § 271—Dawson Chemical Co. V. Rohn & Haas Co., 448 U.S. 176 (1980), Carlyn Joan Steiner
Patents—Contributory Infringement And Patent Misuse Under 35 U.S.C. § 271—Dawson Chemical Co. V. Rohn & Haas Co., 448 U.S. 176 (1980), Carlyn Joan Steiner
Washington Law Review
This casenote will discuss as background: (1) the judicial doctrines of contributory infringement and patent misuse as they developed before 1952; (2) section 271 of the Patent Act of 1952; and (3) the impact of this section on the contributory infringement/patent misuse doctrines in post-1952 Supreme Court cases. An analysis section will contrast the majority and minority interpretations of: (1) 35 U.S.C. §§ 271(c) and (d); (2) the legislative history of the Patent Act of 1952; and (3) post-1952 Supreme Court decisions as each impacts the result in Dawson. The final section will discuss patent policy considerations absent from the …
Chemical Compounds Related As Genus And Species And The Patentability Requirement Of Novelty, Patricia E. Roberts
Chemical Compounds Related As Genus And Species And The Patentability Requirement Of Novelty, Patricia E. Roberts
Washington Law Review
The patentability of chemical compounds related as genus and species presents a problem in deciding the proper scope of patent protection granted to an inventor. Should the inventor of a genus be granted a patent covering all of the often numerous compounds which the genus might include? Should disclosure of the genus automatically eliminate a later inventor's ability to patent individual members of the genus, or should a court consider genus size and similarity of structure and properties in deciding patentability of the individual species? The Court of Customs and Patent Appeals has examined some of these issues.This comment will …
Sources Of Prior Art In Patent Law, Donald S. Chisum
Sources Of Prior Art In Patent Law, Donald S. Chisum
Washington Law Review
The question of what is prior art involves at least four different dimensions. The first is the dimension of time. When does art become "prior"? When, if ever, is it too old and forgotten to be considered prior art? The second is the dimension of place. The patent statutes make both United States and foreign patents and publications prior art, but limit knowledge, use, and invention to "in this country." When is something "in this country," and why is this distinction made? The third is the dimension of scope. What is the pertinent art to which the invention pertains? How …
The Allocation Of Jurisdiction Between State And Federal Courts In Patent Litigation, Donald Shelby Chisum
The Allocation Of Jurisdiction Between State And Federal Courts In Patent Litigation, Donald Shelby Chisum
Washington Law Review
A proper jurisdictional balance between state and federal court systems has long been a goal of federal statutes granting jurisdiction over patent matters to the federal courts. Prompted by the recent decision of the United States Court of Appeals for the Ninth Circuit in Koratron Co. v. Deering Milliken, Inc., Professor Chisum considers the general problem of the jurisdiction of federal and state courts over cases concerning questions of federal law and then focuses on the specific problem of jurisdiction over cases involving federal patent law. The article begins with a discussion of the history of statutes granting patent jurisdiction …
Community Antenna Television—A Copyright Infringer, Anon
Community Antenna Television—A Copyright Infringer, Anon
Washington Law Review
Plaintiff licensed its copyrighted motion pictures to a television broadcasting station. Defendant, a Community Antenna Television (CATV) System, received the station's broadcast, amplified the signal, and retransmitted it via coaxial cable to paying subscribers operating their own television sets in private homes and places of business. Plaintiff brought suit under the Copyright Act, alleging infringement on grounds that defendant had unlawfully performed plaintiff's copyrighted work. Held: Copyright protection of motion pictures extends to movies shown in private homes and places of business by means of CATV systems operated for profit. United Artists Television, Inc. v. Fortnightly Corp., 255 F. Supp. …
Community Antenna Television—A Copyright Infringer, Anon
Community Antenna Television—A Copyright Infringer, Anon
Washington Law Review
Plaintiff licensed its copyrighted motion pictures to a television broadcasting station. Defendant, a Community Antenna Television (CATV) System, received the station's broadcast, amplified the signal, and retransmitted it via coaxial cable to paying subscribers operating their own television sets in private homes and places of business. Plaintiff brought suit under the Copyright Act, alleging infringement on grounds that defendant had unlawfully performed plaintiff's copyrighted work. Held: Copyright protection of motion pictures extends to movies shown in private homes and places of business by means of CATV systems operated for profit. United Artists Television, Inc. v. Fortnightly Corp., 255 F. Supp. …
The Protection In Japan Of Inventions By Employees During The Course Of Their Employment, Bunzo Takino, Ward M. French
The Protection In Japan Of Inventions By Employees During The Course Of Their Employment, Bunzo Takino, Ward M. French
Washington Law Review
This article will explain the principles involved in article 35 of the Patent Law of Japan, as revised in 1959, dealing with employee inventions in Japan. The history of the revisions which have produced the present article will be discussed, then an interpretation of article 35 will be made, and finally an analysis and criticism of this article through a comparison with foreign laws will be provided.
New Concepts In Trade-Mark Legislation, Orland M. Christensen
New Concepts In Trade-Mark Legislation, Orland M. Christensen
Washington Law Review
The widely favored Lanham Act makes important changes in the former picture, chief of which perhaps is the unprecedented effect now given trade-mark registration. The new act does not alter the common law concept that trade-mark rights must arise first out of actual use of the mark in trade. However, the owner of a valid interstate mark can now strengthen and even expand his rights substantively by registration, and, conversely, his failure to register promptly can result in serious losses.
File Wrapper Estoppel, O. M. Christensen
File Wrapper Estoppel, O. M. Christensen
Washington Law Review
Patent law cases are rare in Washington. Thys v. Rivard, the most recent, concerned patent infringement and turned on two important rules of patent law: the doctrine of equivalents and the doctrine of file wrapper estoppel. Although the former of these rules had confronted the court on an earlier occasion, file wrapper estoppel was presented for the first time by the Rivard case. File wrapper estoppel, a rule of patent construction, derives its name from the Patent Office file wrapper containing the record of proceedings leading up to the grant of the letters patent. If, when the Patent Office examines …