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Intellectual Property Law Commons

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Articles 151 - 180 of 263

Full-Text Articles in Intellectual Property Law

In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill Jan 2009

In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley Jan 2009

Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue Jan 2009

Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer Jan 2009

Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Innovation And Liability For Contributory Copyright Infringement, David Mcgowan Jan 2009

Innovation And Liability For Contributory Copyright Infringement, David Mcgowan

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek Jan 2009

The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur Jan 2009

The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen Jan 2009

The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard Jan 2009

A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Reproductive Freedom: Striking A Fair Balance Between Copyright And Other Intellectual Property Protections In Cartoon Characters, Laurie Richter Jan 2009

Reproductive Freedom: Striking A Fair Balance Between Copyright And Other Intellectual Property Protections In Cartoon Characters, Laurie Richter

St. Thomas Law Review

The purpose of this article is to express the reasons why copyright statutes should be overhauled to provide explicit rights reserved to the public, as opposed to the present structure of copyright law, which provides rights to a copyright owner, subject to the many exceptions that have sprung up over the past few years. Some of these exceptions, which seem to have engulfed the basic premise of copyright theory, are the broadly framed but vague protections offered by the fair use doctrine. These rights include the right of a lawful owner of a copy to sell or otherwise dispose of …


Debunking Blackstonian Copyright, Shyamkrishna Balganesh Jan 2009

Debunking Blackstonian Copyright, Shyamkrishna Balganesh

Faculty Scholarship

More than two decades ago, in attempting to make sense of the structural dissonance between copyright and free expression, the U.S. Supreme Court famously declared that copyright was intended to be “the engine of free expression.” Ironically, this characterization was at the time intended as little more than a rhetorical device. In that very case, the Court proceeded immediately thereafter to analyze copyright as a “marketable” property right and conclude that absent a showing of market failure, neither fair use nor the First Amendment would preclude a finding of infringement. Instead of injecting a new set of values into copyright …


Copyright 101, Jay M. Nadlman Nov 2008

Copyright 101, Jay M. Nadlman

Learning Exchange Networks

This presentation gives a brief overview of copyright, Fair Use, and other issues of intellectual property.


Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia Jan 2008

Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz Jan 2008

Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Enablement Pendulum Swings Back, Sean B. Seymore Jan 2008

The Enablement Pendulum Swings Back, Sean B. Seymore

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford Jan 2008

Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Raising The Dead: How The Ninth Circuit Avoided The Supreme Court's Guidelines Concerning Aesthetic Functionality And Still Got Away With It In Au-Tomotive Gold, Yevgeniy Markov Jan 2008

Raising The Dead: How The Ninth Circuit Avoided The Supreme Court's Guidelines Concerning Aesthetic Functionality And Still Got Away With It In Au-Tomotive Gold, Yevgeniy Markov

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev Jan 2008

Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks Jan 2008

Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks

Northwestern Journal of Technology and Intellectual Property

Attorneys increasingly are confronting the significant ethical issues raised when a data-security breach occurs. Many traps exist for the unwary in this evolving area of the law, especially in light of concerns regarding e-discovery and a lack of judicial interpretation of applicable statutes. This article provides a legal framework in this area of the law and explores ethical considerations arising when an attorney represents a client who has suffered a data-security breach.


Massively Multiplayer Online Fraud: Why The Introduction Of Real World Law In A Virtual Context Is Good For Everyone, Ethan E. White Jan 2008

Massively Multiplayer Online Fraud: Why The Introduction Of Real World Law In A Virtual Context Is Good For Everyone, Ethan E. White

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel Jan 2008

Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan Jan 2008

Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr. Jan 2008

The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai Jan 2008

Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson Jan 2008

Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels Jan 2008

Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Open Legislation Development, Jacob Ewerdt Jan 2008

Open Legislation Development, Jacob Ewerdt

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel Jan 2008

Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze Jan 2008

Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Sampling: Musical Authorship Out Of Tune With The Purpose Of The Copyright Regime, Rahmiel D. Rothenberg Jan 2008

Sampling: Musical Authorship Out Of Tune With The Purpose Of The Copyright Regime, Rahmiel D. Rothenberg

St. Thomas Law Review

While the present debate over the practice of sampling may seem to be just a minuscule footnote in the evolution of copyright law, the legal battle that sampling is presently engaged in illuminates many of the future, and ongoing, issues that copyright law faces. One of those major issues is whether copyright law embraces the true nature of creation and authorship. An individual's view on the nature of authorship essentially frames his or her opinion on the legitimacy of creative forms built upon appropriation, such as sampling. This article asserts that there are two legitimate forms of authorship: romantic and …