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Articles 121 - 137 of 137
Full-Text Articles in Judges
Four Opinions By Chief Judge Markey On Limiting Patent Enforcement, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 34 (2009), Joseph R. Re
UIC Review of Intellectual Property Law
Many commentators have characterized Judge Markey and the United States Court of Appeals for the Federal Circuit as being biased in favor of patent holders. These four opinions exemplify Judge Markey’s support of a strong patent system, a system that must include strong defenses against parties that have either wrongly obtained or misused patent rights.
The Role Of Juries In Managing Patent Enforcement: Judge Howard Markey's Opinions And Writings, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 41 (2009), John R. Alison
UIC Review of Intellectual Property Law
In the 1970s, a trial by jury was rare in patent cases. By the time Chief Judge Markey left the United States Court of Appeals for the Federal Circuit in 1989, jury trials had become the norm. Throughout Judge Markey’s time on the bench he exerted great energy to promote, define, and improve the role of law juries in patent cases. This speech by Judge Markey’s former law clerk, John R. Alison, discusses the three Markey Principles. The first principle of Judge Markey is the fundamental right to a jury trial in patent cases. Second, proceedings in jury trials for …
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz
Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz
Michigan Law Review
This Article examines whether U.S. district court judges improve their skills at patent claim construction with experience, including the experience of having their own cases reviewed by the Court of Appeals for the Federal Circuit. In theory, higher courts teach doctrine to lower courts via judicial decisions, and lower courts learn from these decisions. This Article tests the teaching-and-learning premise on the issue of claim construction in the realities of patent litigation. While others have shown that the Federal Circuit reverses a large percentage of lower court claim constructions, no one has analyzed whether judges with more claim construction appeal …
Chief Judge Paul R. Michel's Address To The Federal Circuit Judicial Conference On The State Of The Court, 7 J. Marshall Rev. Intell. Prop. L. 647 (2008), Paul R. Michel
UIC Review of Intellectual Property Law
On May 15, 2008, Chief Judge of the United States Court of Appeals for the Federal Circuit Paul R. Michel delivered the annual State of the Court speech. Chief Judge Michel delivered this speech during the Federal Circuit Judicial Conference, held at the Grand Hyatt hotel in Washington. The text of that speech and the corresponding graphics appear here.
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
NYLS Law Review
No abstract provided.
A Memoir Of The First Chief Judge By The Fifth Chief Judge, 6 J. Marshall Rev. Intell. Prop. L. 310 (2007), Paul R. Michel
A Memoir Of The First Chief Judge By The Fifth Chief Judge, 6 J. Marshall Rev. Intell. Prop. L. 310 (2007), Paul R. Michel
UIC Review of Intellectual Property Law
No abstract provided.
American Courts Are Drowning In The "Gene Pool": Excavating The Slippery Slope Mechanisms Behind Judicial Endorsement Of Dna Databases, 39 J. Marshall L. Rev. 115 (2005), Meghan Riley
UIC Law Review
No abstract provided.
Can Our Current Conception Of Copyright Law Survive The Internet Age?, Edward Samuels
Can Our Current Conception Of Copyright Law Survive The Internet Age?, Edward Samuels
NYLS Law Review
No abstract provided.
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Judges, Juries, And Patent Cases - An Emprical Peek Inside The Black Box, Kimberly A. Moore
Michigan Law Review
The frequency with which juries participate in patent litigation has skyrocketed recently. At the same time, there is a popular perception that the increasing complexity of technology being patented (especially in the electronic, computer software, biological and chemical fields) has made patent trials extremely difficult for lay juries to understand. These developments have sparked extensive scholarly debate and increasing skepticism regarding the role of juries in patent cases. Juries have participated in some aspects of patent litigation since the enactment of the first patent statute in 1790, which provided for "such damages as shall be assessed by a jury." The …
How Federal Circuit Judges Vote In Patent Validity Cases, John R. Allison, Mark A. Lemley
How Federal Circuit Judges Vote In Patent Validity Cases, John R. Allison, Mark A. Lemley
Florida State University Law Review
No abstract provided.
Conflicts And The Federal Circuit, 29 J. Marshall L. Rev. 835 (1996), Glenn L. Archer Jr.
Conflicts And The Federal Circuit, 29 J. Marshall L. Rev. 835 (1996), Glenn L. Archer Jr.
UIC Law Review
No abstract provided.
Trademark Protection For Color: Basking In The Warmth Of "Sun Glow", Jennifer D. Silverman
Trademark Protection For Color: Basking In The Warmth Of "Sun Glow", Jennifer D. Silverman
Touro Law Review
No abstract provided.
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Defining Computer Program Parts Under Learned Hand's Abstractions Test In Software Copyright Infringement Cases, John W.L. Ogilive
Michigan Law Review
This Note proposes a set of computer program part definitions that develop Learned Hand's abstractions test to make it more useful in software infringement cases. The Note takes no position on the proper scope of protection for software under copyright law, but argues that no consensus is possible on which program parts deserve copyright protection until courts recognize that computer programs are composed of components whose definition lies beyond judicial control. Program parts defined in conclusory legal terms will never provide a stable basis for reasoned debate over the conclusions presumed in the definitions.
The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus
Touro Law Review
No abstract provided.
The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue
The Copyrightability Of Useful Articles: The Second Circuit's Resistance To Conceptual Separability, Sally M. Donahue
Touro Law Review
No abstract provided.
The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley
The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley
Touro Law Review
No abstract provided.
Patent Cases In The District Courts-Who Should Hear Them, Abraham Lincoln Marovitz
Patent Cases In The District Courts-Who Should Hear Them, Abraham Lincoln Marovitz
Indiana Law Journal
Symposium: Problems of the Federal Judiciary: A View from the Bench