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Full-Text Articles in Science and Technology Law
The Intersection Of Patents And Trade Secrets, Michael R. Mcgurk, Jia W. Lu
The Intersection Of Patents And Trade Secrets, Michael R. Mcgurk, Jia W. Lu
UC Law Science and Technology Journal
An old retort in politics is “You’re either a Democrat or a Republican!” Likewise, the counterpart retort in Intellectual Property for companies back in the day was “You’re either a patent company or a trade secret company!” Patents and trade secrets are the only two forms of intellectual property that protect information—patents protect patentable (innovation) information, while trade secrets can protect patentable information and any other information providing economic value to the holder. In fact, it is not uncommon for patents and trade secrets to protect the same information. However, the bodies of laws governing each are far from similar. …
Trolling For An Npe Solution, Jared A. Smith, Nicholas R. Transier
Trolling For An Npe Solution, Jared A. Smith, Nicholas R. Transier
UC Law Science and Technology Journal
An all-out war is being waged against patent trolls in every corner of the government. But why? To answer that question, this note considers a wide range of laws, rules, decisions, and other measures being offered up as a solution to the “troll problem.” In doing so, this note seeks to identify the potential issues with various proposed “solutions,” including their impact not only on patent trolls, but also, arguably more importantly, on the patent system as a whole. Finally, this note concludes with a set of recommendations meant to combat the most insidious patent trolling tactics, while protecting the …
Developing Drop Discipline: Training And Testing Operators Of Small Unmanned Aircraft Systems, Henry H. Perritt Jr., Eliot O. Sprague
Developing Drop Discipline: Training And Testing Operators Of Small Unmanned Aircraft Systems, Henry H. Perritt Jr., Eliot O. Sprague
UC Law Science and Technology Journal
This is the third in a series of articles about drones by the co-authors. The first, Drones, introduces the subject and explores the technologies that makes microdrones so useful and so inexpensive. It provides an overview of technological, economic, political, and regulatory issues that the second article and this one explore more deeply. The second article, Law Abiding Drones, argues that the character of microdrones justifies simplified regulation as consumer products, with automated flight control and safety systems that make flying them easy, compared with airplanes and helicopters. This article focuses on the question of operator qualifications. It does not …
Idea Theft: Frivolous Copyright-Lite Claims, Or Hollywood Business Model?, K. J. Greene
Idea Theft: Frivolous Copyright-Lite Claims, Or Hollywood Business Model?, K. J. Greene
UC Law Science and Technology Journal
Two facts regarding idea theft in the creative context are undeniable—first, that idea misappropriation claims against Hollywood studios and television producers are rampant, and second, that the hodge-podge legal regime surrounding idea submission claims is in disarray. Institutional entertainment industry players, such as major Hollywood studios, dismiss idea theft claims as fake and frivolous, a kind of “copyrightlite” claim brought by unsuccessful wannabe writers and producers. In contrast, non-established creators seeking entry to the elite and lucrative world of Hollywood tell another tale—that of an industry that relies on the creative ides of outsiders, and fleeces idea submitters as a …
Distributive Injustice And Organ Transplant Waitlists, Huma Zarif
Distributive Injustice And Organ Transplant Waitlists, Huma Zarif
UC Law Science and Technology Journal
Organ transplantation has been a life-saving treatment option for many who require this intervention due to organ failure. However, there are many legal and ethical considerations regarding allocation of this limited resource. Some of these issues were brought to the forefront in the highly publicized cases of Steve Jobs, Sarah Murnaghan, and Javier Acosta. These were instances where it appeared that in getting their transplants, these individuals obtained an unfair advantage over others on the waitlist. When a resource is as scarce as an organ for transplantation, equitable distribution policies are integral to a just allocation system.
Are Prior Art Citations Determinative Of Patent Approval?: An Empirical Analysis Of The Strategy Behind Citing Prior Art, James H. Richardson
Are Prior Art Citations Determinative Of Patent Approval?: An Empirical Analysis Of The Strategy Behind Citing Prior Art, James H. Richardson
UC Law Science and Technology Journal
This paper analyzes the impact of prior art citation by inventors on examiner citations and upon the time to patent approval. Using two discrete datasets comprised of extensive filing data, this analysis presents conclusions regarding the impact of applicant citations on filing, and uses these conclusions to extrapolate to a broader analysis of filing strategy with respect to prior art citation. Specifically, applicants who systematically under-cite prior art stand to benefit. Though the time from filing to approval does not vary greatly with applicant citations, the time spent by the examiner on filling in prior art does. As such, applicants …
Fair Use In The Classroom; A Conundrum For Digital User-Generated Content In The “Remix” Culture, Samantha Von Hoene
Fair Use In The Classroom; A Conundrum For Digital User-Generated Content In The “Remix” Culture, Samantha Von Hoene
UC Law Science and Technology Journal
The age of digital media has broadened the ability of consumers to access, create, manipulate and reproduce content with great ease and speed. With these advances in technology comes the growing trend of user-generated content, which involves a wide variety of media that is created by consumers and end-users. While this user-generated content has allowed creativity to flourish, and has in part led to the creation of the “remix culture,” many copyright concerns have arisen from this growing trend.
Using Gatt-Trips To Improve Development Opportunities: A Proposal For Central America, Cecily Anne O’Regan, Patrick T. O’Regan
Using Gatt-Trips To Improve Development Opportunities: A Proposal For Central America, Cecily Anne O’Regan, Patrick T. O’Regan
UC Law Science and Technology Journal
Given the geographic and natural resource advantages that countries in the Americas have which will likely shape the business and trade climate in the 21st century, accelerating the development process for developing countries in the region takes on new significance for all involved. This work assesses ways in which Central American countries can use compliance with GATT-TRIPs and TRIPs-plus bilateral agreements to promote their economic development. The first section describes current approaches to IP protection in Costa Rica and El Salvador. The final section goes on to propose regional strategies and legal changes, which are GATT-TRIPs compliant that could potentially …
Neutering Net Neutrality: What Verizon V. F.C.C. Means For The Future Of The Internet, Alexander Hurst
Neutering Net Neutrality: What Verizon V. F.C.C. Means For The Future Of The Internet, Alexander Hurst
UC Law Science and Technology Journal
Few things are as ingrained in Americans’ daily lives as the Internet. A one-stop source for information, communication, and entertainment, the Internet has, for many, supplanted the old media that came before it such as books, telephones, fax machines, and television. Yet the Internet is an incredibly nebulous thing, a network of various private networks the regulation of which is currently even more amorphous. A recent decision of the D.C. Circuit, which has national effect, has rendered the traditional model of the Internet subject to upheaval. The fundamental principle in question, so-called “net neutrality,” stands for the idea that Internet …