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Articles 1 - 30 of 37
Full-Text Articles in Science and Technology Law
Reducing The Need For Markman Determinations, 4 J. Marshall Rev. Intell. Prop. L. 53 (2004), Robert H. Resis
Reducing The Need For Markman Determinations, 4 J. Marshall Rev. Intell. Prop. L. 53 (2004), Robert H. Resis
UIC Review of Intellectual Property Law
The uncertainty as to whether claim interpretation decisions will survive appeal is an ever growing concern as the Federal Circuit’s reversal rate of lower court claim interpretations averages fifty percent. At a minimum, uncertainty in claim construction prolongs patent infringement disputes. Moreover, the reality is that many times it is the uncertainty of a claim’s scope and meaning that leads to litigation in the first place. In order to alleviate this stress on patentees, competitors and the federal court system, most if not all questions regarding the scope and meaning of claim terms should be clarified by the applicant during …
Developments In Patent Law 2004, 4 J. Marshall Rev. Intell. Prop. L. 1 (2004), Harold C. Wegner
Developments In Patent Law 2004, 4 J. Marshall Rev. Intell. Prop. L. 1 (2004), Harold C. Wegner
UIC Review of Intellectual Property Law
There are a great number of patent law doctrines that are currently under reconsideration by the Federal Circuit. These doctrines include patent claim construction under the 2006 Phillips case, the problem of foreign activity being used as patent-defeating prior art as shown in the recent Elsner case, the growing challenge of extraterritorial acts as patent infringement as presented in the 2004 expected cases of Blackberry and Eolas, the “Rule 105” implications for patent office practice in Sta Fruits, the change in willful infringement law set forth in the recent KnorrBremse case, the continuing problem of co-inventorship recurring in Xechem, the …
The Accidental And Inherent Anticipation Doctrines: Where Do We Stand And Where Are We Going?, 4 J. Marshall Rev. Intell. Prop. L. 63 (2004), Anne Brown, Mark Polyakov
The Accidental And Inherent Anticipation Doctrines: Where Do We Stand And Where Are We Going?, 4 J. Marshall Rev. Intell. Prop. L. 63 (2004), Anne Brown, Mark Polyakov
UIC Review of Intellectual Property Law
It is often unclear when a prior occurrence or disclosure of a claimed invention falls under the patent law doctrines of inherent or accidental anticipation. Courts have applied various tests in determining whether anticipation is inherent or accidental, and the cases are difficult to reconcile. Tests seemingly dispositive to establish an accident in one case may also appear dispositive to establish inherency. As a result of our analysis, we have developed a two-step test that can be used to reconcile the two doctrines and determine whether a product or process anticipates. The first prong is concerned with whether the prior …
Geo-Location Technologies And Other Means Of Placing Borders On The 'Borderless' Internet, 23 J. Marshall J. Computer & Info. L. 101 (2004), Dan Jerker B. Svantenson
Geo-Location Technologies And Other Means Of Placing Borders On The 'Borderless' Internet, 23 J. Marshall J. Computer & Info. L. 101 (2004), Dan Jerker B. Svantenson
UIC John Marshall Journal of Information Technology & Privacy Law
Until recently it was considered impossible or at least pointless to attempt to identify the actual geographic location of Internet users in the online environment. However, this is changing and, although extremely accurate geographical identifiers do not exist, more geo-location technologies are used to track the location of the Internet users for a variety of reasons such as fraud detection, authentication, content targeting, security and network efficiency, conditioning access and legal compliance. The article distinguishes between hard protection provided by geo-location technologies and soft protection provided by non-technical means. It then proceeds in presenting and examining the geo-location technologies, sophisticated …
Open And Closed: Captioning Technology As A Means To Equality, 23 J. Marshall J. Computer & Info. L. 159 (2004), Faye Kuo
UIC John Marshall Journal of Information Technology & Privacy Law
It is well known that going to the movies is an extremely popular pastime for the Americans. However for millions of Americans who are deaf or hard of hearing this is not something that they can enjoy in the same terms as the rest of the other movie goers since most movie theater operators consider that providing “equal access” to deaf or hard of hearing individuals consists only of allowing them to enter the theater, purchase and ticket and sit down not install captioning technology so that deaf or hard of hearing individuals could actually understand the movie shown. The …
To: Client@Workplace.Com: Privilege At Risk?, 23 J. Marshall J. Computer & Info. L. 75 (2004), Dion Messer
To: Client@Workplace.Com: Privilege At Risk?, 23 J. Marshall J. Computer & Info. L. 75 (2004), Dion Messer
UIC John Marshall Journal of Information Technology & Privacy Law
As more attorneys now days use the e-mail as their primary source of communication with their clients, new issues arise regarding the potential threat to attorney-client communication privilege resulting from the standard and systematic employer monitoring of their employees e-mails. Indeed employers monitor their employees’ computer use and in some cases terminate employees as result of this monitoring, for various reasons such as to increase of employee productivity and efficiency, protect their public image, prevent workplace harassment, protect their Intellectual Property assets and their network capacity. Given the systematic workplace monitoring but also the fact that contrary to the American …
The Truth About The Truth In Domain Names Act: Why This Recently Enacted Law Is Unconstitutional, 23 J. Marshall J. Computer & Info. L. 141 (2004), Michael Honig
UIC John Marshall Journal of Information Technology & Privacy Law
In April 2003 the Prosecutorial Remedies and other Tools to End the Exploitation of Children Today Act of 2003 (PROTECT Act) was enacted with the goal to protect children from abduction and abuse and achieve a more aggressive pursuit of the individuals committing crimes against the children. Although the AMBER Alert system is the most known portion of the legislation other provisions including the Truth in Domain Names Act (TDNA) making the use of a misleading Internet domain name to deceive a person to view pornography a criminal offense were also included. This comment first discusses the case of John …
Lessons For The Hague: Internet Jurisdiction In Contract And Tort Cases In The European Community And The United States, 23 J. Marshall J. Computer & Info. L. 1 (2004), Moritz Keller
UIC John Marshall Journal of Information Technology & Privacy Law
With the increasing use of the Internet, all on-line users, web site owners, e-commerce companies and consumers alike, feel the need to be able to rely on clear standards for a potential contract or tort lawsuit following the Internet presence that could lead to multinational litigation. This goal could be achieved if the negotiations of the Hague Convention on international jurisdiction and enforcement of foreign judgments in civil and commercial matters succeed in harmonizing the rules of the different legal systems around the globe, or at least create a minimum standard for legal cases which would benefit greatly e-commerce and …
Privatizing Information And Information Technology – Whose Life Is It Anyway?, 22 J. Marshall J. Computer & Info. L. 375 (2004), Ellen Dannin
UIC John Marshall Journal of Information Technology & Privacy Law
As the United States government collects personal and private information about each of us, the government must also consider ways of preventing that information from falling into the wrong hands. In the wrong hands, that information can be turned against the individual – from blackmailing to more nefarious acts, such as terrorism. However, the government trend of outsourcing information gathering tasks has dramatically increased the chances of the wrong people receiving sensitive information. The government has been outsourcing information gathering tasks because of their failure to develop sufficient in-house expertise to handle information gathering. A second reason is that some …
Defining Cyberterrorism, 22 J. Marshall J. Computer & Info. L. 397 (2004), Mohammad Iqbal
Defining Cyberterrorism, 22 J. Marshall J. Computer & Info. L. 397 (2004), Mohammad Iqbal
UIC John Marshall Journal of Information Technology & Privacy Law
This article explores the definition of the term “cyberterrorism” in light of available literature and recent legislation in an attempt to distinguish cyberterrorism from other cyber activities and crimes. Cyberterrorism is the convergence of terrorism and cyberspace. The author discusses the differences between true cyberterrorism – that is, actual harm caused by cyber attacks – versus less malignant attacks that do more to annoy than harm. The author points out that the main difference between cyberterrorism and other cyber attacks, such as hacking and cracking, is that cyberterrorists are politically motivated, while other cyber attackers have non-politic motives.
The Fourth Amendment And The Wiretap Act Fail To Protect Against Random Isp Monitoring Of E-Mails For The Purpose Of Assisting Law Enforcement, 22 J. Marshall J. Computer & Info. L. 493 (2004), Jim W. Ko
UIC John Marshall Journal of Information Technology & Privacy Law
This article takes the position that the Wiretap Act and the Electronic Communications Privacy Act (ECPA) does little to provide protection against internet service providers (ISPs) that randomly monitor e-mails for the purpose of turning over evidence of criminal activities to law enforcement officials. The article provides a background to the special privacy issues that arise in the context of computer technology and ISPs. An analysis of the Wiretap Act, as amended by the ECPA, reveals that an implicit statutory prohibition against random surveillance by ISPs for the purpose of assisting law enforcement does in fact exist. Further, remedies for …
The Global Rise Of A Duty To Disclose Information Security Breaches, 22 J. Marshall J. Computer & Info. L. 457 (2004), Ethan Preston, Paul Turner
The Global Rise Of A Duty To Disclose Information Security Breaches, 22 J. Marshall J. Computer & Info. L. 457 (2004), Ethan Preston, Paul Turner
UIC John Marshall Journal of Information Technology & Privacy Law
Section 1798.82 requires computer database operators to disclose security breaches involving personal data information to both the subjects of the data and the owners of the personal data. However, this commentary views Section 1798.82 with apprehension, but takes the position that much broader duties to disclose such breaches are already in place. This article begins with a discussion about legislation that expressly require disclosure of computer security breaches, such as Section 1798.82 and Article 4 of the European Union Telecommunications and Electronic Communications Privacy Directives. Then it follows with a discussion about legislation and common law that implicitly requires disclosure …
Www.Yourname.Com: How Useful Is The Uniform Domain Name Dispute Resolution Policy ("Udrp") In Protecting Personal Names From Cybersquatters?, 22 J. Marshall J. Computer & Info. L. 535 (2004), Georgette H. Tarnow
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Democracy In Decline: Can Internet Voting Save The Electoral Process?, 22 J. Marshall J. Computer & Info. L. 409 (2004), Bryan Mercurio
Democracy In Decline: Can Internet Voting Save The Electoral Process?, 22 J. Marshall J. Computer & Info. L. 409 (2004), Bryan Mercurio
UIC John Marshall Journal of Information Technology & Privacy Law
Voter confidence that votes are accurately cast, counted, and kept are at an all time low. The traditional methods of voting has proven itself time and time again to be untrustworthy and unreliable, as evidenced recently in the 2000 presidential elections. The time is now ripe to thoroughly investigate alternative methods of casting ballots as a way to restore voter confidence in the electoral system. Using the Internet to assist the electoral system has emerged as a potential option in order to remedy many defects within the electoral process. However, Internet voting is untested and less transparent than traditional voting …
Dow Jones And The Defamatory Defendant Down Under: A Comparison Of Australian And American Approaches To Libelous Language In Cyberspace, 22 J. Marshall J. Computer & Info. L. 553 (2004), Richard L. Creech
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
The Destruction Of Media Diversity, Or: How The Fcc Learned To Stop Regulating And Love Corporate Dominated Media, 22 J. Marshall J. Computer & Info. L. 569 (2004), Christa Corrine Mclintock
The Destruction Of Media Diversity, Or: How The Fcc Learned To Stop Regulating And Love Corporate Dominated Media, 22 J. Marshall J. Computer & Info. L. 569 (2004), Christa Corrine Mclintock
UIC John Marshall Journal of Information Technology & Privacy Law
Christa Corrine McLintock’s “The Destruction of Media Diversity, or: How the FCC Learned to Stop Regulating and Love Corporate Dominated Media” investigates the current corporate consolidation climate and the efficacy of alternative media outlets. McLintock examines the history of the Federal Communication Commission (“FCC”) and its current trend toward deregulation. McLintock argues that the Internet has failed to level the playing field between alternative media outlets and mainstream media conglomerates. She concludes that increased regulation is not only the most viable solution to the alternative media’s predicament, but also the means through which to satisfy the FCC’s stated goals, facilitate …
The States And The Electronic Communications Privacy Act: The Need For Legal Processes That Keep Up With The Times, 22 J. Marshall J. Computer & Info. L. 695 (2004), Monique Mattei Ferraro
The States And The Electronic Communications Privacy Act: The Need For Legal Processes That Keep Up With The Times, 22 J. Marshall J. Computer & Info. L. 695 (2004), Monique Mattei Ferraro
UIC John Marshall Journal of Information Technology & Privacy Law
In criminal investigation when hours may mean the difference between successful resolution of a case or not, law enforcement must have an effective method of obtaining necessary information. The author offers an overview of the Electronic Communications Privacy Act (ECPA) and proceeds in a presentation of cybercrime investigations. The article further examines the differences and the occasional conflict existing between the federal and state law, traced into the variety and multitude of state and local laws and procedures regulating the obtaining of information but also into lack of state and local resources. Indeed state and local laws not only differ …
A Normative Critique Of Private Domain Name Dispute Resolution, 22 J. Marshall J. Computer & Info. L. 625 (2004), J.R. Hildenbrand
A Normative Critique Of Private Domain Name Dispute Resolution, 22 J. Marshall J. Computer & Info. L. 625 (2004), J.R. Hildenbrand
UIC John Marshall Journal of Information Technology & Privacy Law
In recent years, much has been made of the rapid expansion and tremendous commercial potential of the Internet. As such, domain names that contain or imply an entities trademarked name have become extremely valuable to these entities. The difficulty, however, is balancing the rights of the trademark owners with Internet users within the burgeoning commercial environment. This comment examines the balance between the Uniform Dispute Resolution Policy (UDRP) and traditional trademark protection. It discusses several persuasive documents including the International Trademark Association’s 1997 White Paper and the United States Department of Commerce’s Green and White papers. The comment further develops …
Retention Of Communications Data: A Bumpy Road Ahead, 22 J. Marshall J. Computer & Info. L. 731 (2004), Abu Bakar Munir, Siti Hajar Mohd Yasin
Retention Of Communications Data: A Bumpy Road Ahead, 22 J. Marshall J. Computer & Info. L. 731 (2004), Abu Bakar Munir, Siti Hajar Mohd Yasin
UIC John Marshall Journal of Information Technology & Privacy Law
The EU Electronic Privacy Directive of 2002 requires members to ensure the confidentiality of communications but allows member states to restrict the scope of such protection for national security and defense reasons as well as to prevent, investigate detect and prosecute crimes. Despite the criticism a provision on retention of communications date was inserted, reversing thus the position taken under the previous EU Telecommunications Privacy Directive of 1997. This article presents the evolution of the EU Electronic Privacy Directive of 2002 starting from the initial proposal of 2000 which did not include a retention of data provision, to the final …
"You Have The Right To Remain Silent . . . You Have No Right To Your Dna" Louisiana's Dna Detection Of Sexual And Violent Offender's Act: An Impermissible Infringement On Fourth Amendment Search And Seizure, 22 J. Marshall J. Computer & Info. L. 759 (2004), Reneé A. Germaine
UIC John Marshall Journal of Information Technology & Privacy Law
In 2003 Louisiana legislature enacted the DNA Detection Of Sexual And Violent Offenders Act requiring that any person arrested for certain offenses must submit to a DNA sample extraction to be stored with the State’s DNA databank, for the purpose to be utilized as a tool for identification in the criminal investigation and in discovering missing persons. The comment, after a brief presentation of the history of the Act and the DNA technology overview, argues that the Act infringes the Fourth Amendment protections against unreasonable search and seizure. It presents the already established standards of probable cause as well as …
Is The Acpa A Safe Haven For Trademark Infringers? - Rethinking The Unilateral Application Of The Lanham Act, 22 J. Marshall J. Computer & Info. L. 655 (2004), Jinku Hwang
UIC John Marshall Journal of Information Technology & Privacy Law
The Anticybersquatting Consumer Protection Act (ACPA) was enacted in 1999 as a response to international disputes over Internet domain names because according to the Congress’ point of view, courts could not successfully protected American businesses in cases where nothing more that the registration of a trademark or its variation in a domain name had occurred. This article analyzes recent court decisions regarding domain name disputes after the enactment of ACPA focusing on reverse domain name hijacking in international, trademark related and gTLD disputes. The author argues that the in rem jurisdiction provided by the ACPA and the consequent extraterritorial effect …
The Concept Of "Harm" In Computer-Generated Images Of Child Pornography, 22 J. Marshall J. Computer & Info. L. 717 (2004), Jisuk Woo
UIC John Marshall Journal of Information Technology & Privacy Law
There has been a lot of controversy about the harm caused by computer-generated child pornography. This article examines the new ways in which technological development has created new concerns about child pornography especially in the context of challenging the concept of “harm” in the existing child pornography law. The author presents and discusses the existing child pornography laws and jurisprudence as well as the relevant arguments raised against it most of which are based on the “harm” caused by child pornography. This concept of “harm” and the different ways it is conceived and understood is analyzed and empirical evidence supporting …
How To Keep The Lights On: An Exploration Of The Abrogration Of Wholesale Energy Contracts, 38 J. Marshall L. Rev. 303 (2004), Brian Bassett
How To Keep The Lights On: An Exploration Of The Abrogration Of Wholesale Energy Contracts, 38 J. Marshall L. Rev. 303 (2004), Brian Bassett
UIC Law Review
No abstract provided.
"Distinctive" And "Famous" - Separate Requirements Under The Federal Trademark Dilution Act?, 3 J. Marshall Rev. Intell. Prop. L. 174 (2004), M. Scott Donahey
"Distinctive" And "Famous" - Separate Requirements Under The Federal Trademark Dilution Act?, 3 J. Marshall Rev. Intell. Prop. L. 174 (2004), M. Scott Donahey
UIC Review of Intellectual Property Law
The Federal Trademark Dilution Act was promulgated to provide national protection of famous marks from uses that cause dilution of the distinctive quality of the mark. Courts consider several factors in determining whether a mark is “distinctive and famous.” However, a difference of opinion has arisen as to whether there is a difference between a “distinctive” mark and a “famous” mark. An analysis of the statutory language, pertinent historical sources, and the case law interpreting the statute leads one to conclude that the view articulated by the Second Circuit is more consistent with the language of the statute, the intent …
The Inequitable Conduct Defense Lives On: 2003 Federal Circuit Decisions And Their Impact, 3 J. Marshall Rev. Intell. Prop. L. 189 (2004), Alan M. Kowalchyk, Thomas R. Johnson
The Inequitable Conduct Defense Lives On: 2003 Federal Circuit Decisions And Their Impact, 3 J. Marshall Rev. Intell. Prop. L. 189 (2004), Alan M. Kowalchyk, Thomas R. Johnson
UIC Review of Intellectual Property Law
The inequitable conduct defense remains a viable defense in patent litigation today, as illustrated in four 2003 Federal Circuit decisions. Though an alleged patent infringer must establish the elements of materiality and intent for a valid inequitable conduct defense, recent Federal Circuit decisions indicate that certain factual underpinnings bearing on materiality can raise an inference of intent. To most effectively counter this inference of intent, a plausible explanation for the questioned conduct should be provided by the patentee. However, in providing such plausible explanation, the patentee runs the risk of waiving privileged communications, which in turn may result in far …
Commentary: Willful Patent Infringement And The Federal Circuit's Pending En Banc Decision In Knorr-Bremse V. Dana Corp., 3 J. Marshall Rev. Intell. Prop. L. 218 (2004), Janice M. Mueller
Commentary: Willful Patent Infringement And The Federal Circuit's Pending En Banc Decision In Knorr-Bremse V. Dana Corp., 3 J. Marshall Rev. Intell. Prop. L. 218 (2004), Janice M. Mueller
UIC Review of Intellectual Property Law
The Federal Circuit’s recent sua sponte grant of rehearing en banc in Knorr-Bremse v. Dana Corporation has catalyzed a vocal debate concerning the nature and consequences of willful patent infringement. Subject to virtually unanimous condemnation is the Federal Circuit’s “adverse inference” rule, which forces a party accused of willful infringement to choose between two unpalatable options: (i) disclosing privileged advice of counsel to mount a willfulness defense, or (ii) not disclosing such information and being subjected to an adverse inference that an exculpatory opinion was not or could not be obtained. This commentary concurs that the adverse inference rule should …
Developments In Patent Law 2003, 3 J. Marshall Rev. Intell. Prop. L. 229 (2004), Bradley C. Wright
Developments In Patent Law 2003, 3 J. Marshall Rev. Intell. Prop. L. 229 (2004), Bradley C. Wright
UIC Review of Intellectual Property Law
The year 2003 provided a great deal of legislative, administrative and judicial activity in the development of patent law. Legislation has been directed to amending the Hatch-Waxman Act and abrogation of State immunity from patent infringement. The U.S. Patent and Trademark Office has adopted changes pursuant to recent amendments to the Patent Cooperation Treaty and implemented an electronic filing system for patent applications. The Federal Trade Commission has taken an interest in patents, particularly standard setting technologies. In light of the Supreme Court’s decision in Festo, the Federal Circuit has provided additional guidance for prosecution history estoppel and the doctrine …
Recent Developments In Trademark Law: The Ongoing Refinement Of Rights, 3 J. Marshall Rev. Intell. Prop. L. 258 (2004), Chad Doellinger
Recent Developments In Trademark Law: The Ongoing Refinement Of Rights, 3 J. Marshall Rev. Intell. Prop. L. 258 (2004), Chad Doellinger
UIC Review of Intellectual Property Law
The year 2003 saw a great deal of activity in the ongoing development of trademark law. While the law both reconnected with its bricks-and-mortar roots and expanded to accommodate new fact patterns in the late 1990’s and early 2000’s, 2003 saw the beginning of a doctrinal contraction, with a requirement to tie inchoate harms to empirical foundations. Additionally, several issues of first impression were resolved, including the conclusion that domain names are a form of property. While 2003 saw a contraction of trademark rights, this is not necessarily a negative development for trademark owners. Instead, courts are merely refining the …
“Shamnesty” Vs. Amnesty: Can The Riaa Grant Immunity To File-Sharers From Copyright Infringement Lawsuits?, 3 J. Marshall Rev. Intell. Prop. L. 279 (2004), Natosha Cuyler-Sherman
“Shamnesty” Vs. Amnesty: Can The Riaa Grant Immunity To File-Sharers From Copyright Infringement Lawsuits?, 3 J. Marshall Rev. Intell. Prop. L. 279 (2004), Natosha Cuyler-Sherman
UIC Review of Intellectual Property Law
The Recording Industry Association of America (RIAA) is the industry trade association for sound and music recordings and represents various music companies, songwriters, and music artists. One of the main functions of the RIAA is to enforce its members’ copyrights. The RIAA is currently representing members in copyright infringement lawsuits. As an alternative to being sued, the RIAA announced that it would grant amnesty to file sharers who voluntarily identified themselves and promised to stop illegally sharing music. In reality, non-RIAA members and even RIAA members themselves can still sue file sharers because the organization itself does not have the …
“Intellectual Alchemy”: Securitization Of Intellectual Property As An Innovative Form Of Alternative Financing, 3 J. Marshall Rev. Intell. Prop. L. 307 (2004), John M. Gabala Jr.
“Intellectual Alchemy”: Securitization Of Intellectual Property As An Innovative Form Of Alternative Financing, 3 J. Marshall Rev. Intell. Prop. L. 307 (2004), John M. Gabala Jr.
UIC Review of Intellectual Property Law
While asset-securitization has been around since the early 1980’s, prior to the now widely known structuring of musician David Bowie’s music catalogue into saleable bonds in 1997, music royalties and copyrights were never before used in a securitization. At the time, Bowie’s catalogue had a proven royalty track record; however, the valuation of the actual bonds remained untested in the illegal music-downloading era of today. This comment explores the benefits of intellectual property-based securitizations and their common valuation approaches. In addition, it is argued that appropriate credit enhancements should be employed to protect future Bowie bond style deals against the …