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Articles 1 - 6 of 6
Full-Text Articles in Intellectual Property Law
Why Patent Exhaustion Should Liberate Products (And Not Just People), Samuel F. Ernst
Why Patent Exhaustion Should Liberate Products (And Not Just People), Samuel F. Ernst
Publications
Patent exhaustion is a doctrine that excuses infringement where the patent holder has either authorized the sale of a patented item or licensed its use or sale. Absent an effective contractual restriction, the patent holder's rights in the patented item are exhausted and the patent holder cannot sue for infringement based on further use or resale of the item. This Article explores the question of whether patent exhaustion adheres in the patented device or if it is a defensive doctrine that only adheres to the benefit of particular parties. Traditionally courts have articulated the doctrine as liberating the accused product …
The Lost Precedent Of The Reverse Doctrine Of Equivalents, Samuel F. Ernst
The Lost Precedent Of The Reverse Doctrine Of Equivalents, Samuel F. Ernst
Publications
Proponents of legislative patent reform argue that the current patent system perversely impedes true innovation in the name of protecting a vast web of patented inventions, the majority of which are never even commercialized for the benefit of the public. Opponents of such legislation argue that comprehensive, prospective patent reform legislation would harm the incentive to innovate more than it would curb the vexatious practices of non-practicing entities. But while the "Innovation Act" wallows in Congress, there is a common law tool to protect innovation from the patent thicket lying right under our noses: the reverse doctrine of equivalents. Properly …
The Problem Of Mop Heads In The Era Of Apps: Toward More Rigorous Standards Of Value Apportionment In Contemporary Patent Law, David Franklyn, Adam Kuhn
The Problem Of Mop Heads In The Era Of Apps: Toward More Rigorous Standards Of Value Apportionment In Contemporary Patent Law, David Franklyn, Adam Kuhn
Publications
This article addresses this critical question of consumer demand surveys. The article argues that the law should always require rigorous apportionment of value based on scientifically-accepted standards of consumer demand measurement. Further, the article discusses how best to achieve this policy goal and how courts have approached it to date. This article then walks through the pertinent case law on apportionment, the role and defensibility of survey evidence, and offers guidance on proper survey design.
From The Editor, Susan Nevelow Mart
Owning Red: A Theory Of Indian (Cultural) Appropriation, Angela R. Riley, Kristen A. Carpenter
Owning Red: A Theory Of Indian (Cultural) Appropriation, Angela R. Riley, Kristen A. Carpenter
Publications
In a number of recent controversies, from sports teams’ use of Indian mascots to the federal government’s desecration of sacred sites, American Indians have lodged charges of “cultural appropriation” or the unauthorized use by members of one group of the cultural expressions and resources of another. While these and other incidents make contemporary headlines, American Indians often experience these claims within a historical and continuing experience of dispossession. For hundreds of years, the U.S. legal system has sanctioned the taking and destruction of Indian lands, artifacts, bodies, religions, identities, and beliefs, all toward the project of conquest and colonization. Indian …
Facilitating Competition By Remedial Regulation, Kristelia A. García
Facilitating Competition By Remedial Regulation, Kristelia A. García
Publications
In music licensing, powerful music publishers have begun—for the first time ever— to withdraw their digital copyrights from the collectives that license those rights, in order to negotiate considerably higher rates in private deals. At the beginning of the year, two of these publishers commanded a private royalty rate nearly twice that of the going collective rate. This result could be seen as a coup for the free market: Constrained by consent decrees and conflicting interests, collectives are simply not able to establish and enforce a true market rate in the new, digital age. This could also be seen as …