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Articles 1 - 4 of 4
Full-Text Articles in Intellectual Property Law
Egyptian Goddess, Inc. V. Swisa, Inc.: A Dramatic Change In The Law Of Design Patents?, Evan Szarenski
Egyptian Goddess, Inc. V. Swisa, Inc.: A Dramatic Change In The Law Of Design Patents?, Evan Szarenski
The University of New Hampshire Law Review
[Excerpt] “On September 22, 2008, the Federal Circuit, sitting en banc, handed down the most important decision in design patent law in nearly twenty-five years. Egyptian Goddess, Inc. v. Swisa, Inc. (Egyptian Goddess III) abolished the point-of-novelty test first set out in Sears, Roebuck & Co. v. Talge and adopted by the Federal Circuit in Litton Systems, Inc. v. Whirlpool Corp. The point-of novelty test required patent holders to prove that an accused design appropriated the element which sets the patented design apart from the prior art—in addition to the ordinary-observer standard’s requirement of having substantially the same appearance—in order …
Contributory Infringers And Good Samaritans, Mark Bartholomew
Contributory Infringers And Good Samaritans, Mark Bartholomew
Journal Articles
The introduction of online technologies has put increased pressure on the doctrine of contributory infringement as intellectual property rights holders switch their attention from direct infringers to Internet intermediaries. The Supreme Court has instructed lower courts to evaluate contributory infringement in light of traditional tort law. The common law of aiding and abetting, however, is so inconsistent as to offer no real guidance. A better approach lies in a separate but related area of tort doctrine. In a limited number of circumstances, tort law recognizes a duty to protect third parties from the actions of others. Like aiding and abetting, …
2008 Patent Law Decisions Of The Federal Court A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries, Todd Zubler, Nina Tallon, Jamie Wisz, Jamaica Szeliga
2008 Patent Law Decisions Of The Federal Court A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Circuit: Area Summaries, Todd Zubler, Nina Tallon, Jamie Wisz, Jamaica Szeliga
American University Law Review
The United States Supreme Court took a slight breather from patent-law issues in 2008. After issuing three patent-law decisions in 2007 (including KSR International Co. v. Teleflex Inc.), the Court issued just one patent-law decision in 2008—Quanta Computer, Inc. v. LG Electronics, Inc. Despite the Supreme Court’s slower pace, however, the Court’s influence loomed large in the United States Court of Appeals for the Federal Circuit in 2008. In a number of cases, the Federal Circuit continued to work through the implications of the Supreme Court’s recent precedents, most notably KSR and the Supreme Court’s 2006 decision in eBay Inc. …
Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew
Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew
Journal Articles
Online technologies have created a new litigation locus for intellectual property rights holders, one that targets intermediaries, not direct infringers. This unprecedented litigation strategy has put sudden pressure on the courts to evaluate the liability of indirect infringers. Without a developed body of precedent at their disposal, judges have resorted to analogies from the criminal law of accomplice liability to set the boundaries of contributory infringement. Does it make sense for intellectual property regulation to depend on the same principles that animate criminal law? This Article maintains that it would be a mistake to remake contributory infringement law in criminal …