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Down The Rabbit Hole: Who Will Stand Up For Software Patents After Alice?, Daniel Taylor 2017 University of Maine School of Law

Down The Rabbit Hole: Who Will Stand Up For Software Patents After Alice?, Daniel Taylor

Maine Law Review

In June 2014, the Supreme Court changed patent law completely when it issued a decision in Alice Corporation v. CLS Bank International. In one fell swoop, the Court cast doubt on the validity and enforceability of hundreds of thousands of issued software and technology patents. Since the Alice decision, federal district courts have applied the Alice test and have already invalidated more than one hundred software patents as a matter of law. This Comment discusses why the Alice decision expands the judicial doctrine of creating "exceptions" to the Patent Act, and shifts the statutory factual inquiry of "obviousness" into a ...


Response To Judge Timothy B. Dyk, Donald R. Dunner 2017 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Response To Judge Timothy B. Dyk, Donald R. Dunner

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Modifying Amateurism: A Performance-Based Solution To Compensating Student–Athletes For Licensing Their Names, Images, And Likenesses, Chaz Gross 2017 Michigan State University College of Law

Modifying Amateurism: A Performance-Based Solution To Compensating Student–Athletes For Licensing Their Names, Images, And Likenesses, Chaz Gross

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Reform Or Ruin? Proposals To Amend Section 101, Jorge L. Contreras 2017 S.J. Quinney College of Law, University of Utah

Reform Or Ruin? Proposals To Amend Section 101, Jorge L. Contreras

Utah Law Faculty Scholarship

No abstract provided.


Counter-Ip Conspiracies: Patent Alienability And The Sherman Antitrust Act, Hannibal Travis 2017 University of Miami Law School

Counter-Ip Conspiracies: Patent Alienability And The Sherman Antitrust Act, Hannibal Travis

University of Miami Law Review

Anticompetitive collusion by intellectual property owners frequently triggered antitrust enforcement during the twentieth century. An emerging area of litigation and scholarship, however, involves conspiracies by potential licensees of intellectual property to reduce or eliminate opportunities by a property’s holders to profit from it, or even to recoup their investments in creating and protecting it. The danger is that potential licensees will collude with one another to suppress royalties or sale prices. This Article traces the history of such litigation, provides an overview of the scholarly and theoretical arguments against monopsonistic or oligopsonistic collusion against licensors of intellectual property, and ...


The Defend Trade Secrets Act Isn't An "Intellectual Property" Law, Eric Goldman 2017 Santa Clara Law

The Defend Trade Secrets Act Isn't An "Intellectual Property" Law, Eric Goldman

Santa Clara High Technology Law Journal

The Defend Trade Secrets Act isn't an "Intellectual Property" Law


Threatened Misappropriation Of Trade Secrets: Making A Federal (Dtsa) Case Out Of It, David Bohrer 2017 Santa Clara Law

Threatened Misappropriation Of Trade Secrets: Making A Federal (Dtsa) Case Out Of It, David Bohrer

Santa Clara High Technology Law Journal

Threatened Misappropriation of Trade Secrets: Making a Federal (DTSA) Case out of it


Identifying The Trade Secrets At Issue In Litigation Under The Uniform Trade Secrets Act And The Federal Defend Trade Secrets Act, Richard F. Dole, Jr. 2017 Santa Clara Law

Identifying The Trade Secrets At Issue In Litigation Under The Uniform Trade Secrets Act And The Federal Defend Trade Secrets Act, Richard F. Dole, Jr.

Santa Clara High Technology Law Journal

Identifying the Trade Secrets at Issue in Litigation Under the Uniform Trade Secrets Act and the Federal Defend Trade Secrets Act


Hastening Harmonization In European Union Patent Law Through A Preliminary Reference Power, Joseph Kenneth Yarsky 2017 Boston College Law School

Hastening Harmonization In European Union Patent Law Through A Preliminary Reference Power, Joseph Kenneth Yarsky

Boston College International and Comparative Law Review

The European Union has struggled for decades to establish a streamlined method of uniform patent protection. Its current solution involves both a European Patent of Unitary Effect and the implementation of the Unified Patent Court to adjudicate patent claims. The current proposal, however, does not eliminate the two other routes to patent protection that currently exist: national patent grants and classical European patents. The existence of three possible routes to patent protection could lead to increased fragmentation in the way patents are interpreted across the European Union. Creating a more unified system entails both ensuring that the substantive patent law ...


Debating Employee Non-Competes And Trade Secrets, Sharon K. Sandeen, Elizabeth A. Rowe 2017 Santa Clara Law

Debating Employee Non-Competes And Trade Secrets, Sharon K. Sandeen, Elizabeth A. Rowe

Santa Clara High Technology Law Journal

Debating Employee Non-Competes and Trade Secrets


Art Crimes?: Theoretical Perspectives On Copyright Protection For Illegally Created Graffiti Art, Jamison Davies 2017 University of Maine School of Law

Art Crimes?: Theoretical Perspectives On Copyright Protection For Illegally Created Graffiti Art, Jamison Davies

Maine Law Review

This paper begins by examining whether illegally-created graffiti art is entitled to copyright protection under the current copyright law. Analogies are made to other forms of unwanted expression, fraud and obscenity, and their historical and current copyright status. The remainder of the paper uses graffiti art as a lens through which to examine various theoretical explanations of copyright, both as descriptive theories of production and as normative theories of protection.


The Role Of Antitrust Principles In Patent Monopolies: The Third Circuit Applies Antitrust Scrutiny To No-Ag Patent Settlements In Smithkline, Meghan Fay 2017 Boston College Law School

The Role Of Antitrust Principles In Patent Monopolies: The Third Circuit Applies Antitrust Scrutiny To No-Ag Patent Settlements In Smithkline, Meghan Fay

Boston College Law Review

On June 26, 2015, in King Drug Co. of Florence v. Smithkline Beecham Corp., the U.S. Court of Appeals for the Third Circuit held that no-authorized generic agreements (“no-AG agreements”), in which a pioneer pharmaceutical manufacturer agrees not to introduce a generic drug, are subject to antitrust scrutiny under the Sherman Act. This Comment argues that the Third Circuit correctly extended the U.S. Supreme Court decision in Federal Trade Commission v. Actavis to non-cash settlement agreements. In Actavis, the Court held that a “reverse-payment settlement,” which compensates a generic manufacturer to delay market entry, creates monopolistic consequences and ...


Food Safety And Security In The Monsanto Era: Peering Through The Lens Of A Rights Paradigm Against An Onslaught Of Corporate Domination, Saby Ghoshray 2017 University of Maine School of Law

Food Safety And Security In The Monsanto Era: Peering Through The Lens Of A Rights Paradigm Against An Onslaught Of Corporate Domination, Saby Ghoshray

Maine Law Review

Since our earliest ancestors’ desire for a better hunting weapon to procure food or a better storage facility to avoid spoilage, food safety and security has shaped human social and technological evolution like no other essential element. The need to procure food has shaped our civilization since the first human graced our planet. Food continues to be a pivotal force in humankind’s saga for life and death. Yet, despite stratospheric progress in scientific application surrounding food, food security and safety for all citizens continues to elude mankind. Why do some enjoy a feast, while others suffer in famine? This ...


Patent Venue Exceptionalism After Tc Heartland V. Kraft, Ana Santos Rutschman 2017 University of Miami Law School

Patent Venue Exceptionalism After Tc Heartland V. Kraft, Ana Santos Rutschman

University of Miami Business Law Review

No abstract provided.


Fixing Forum Selling, Brian L. Frye, Christopher J. Ryan Jr. 2017 University of Miami Law School

Fixing Forum Selling, Brian L. Frye, Christopher J. Ryan Jr.

University of Miami Business Law Review

“Forum selling” is jurisdictional competition intended to attract litigants. While consensual forum selling may be beneficial, non-consensual forum selling is harmful because it encourages jurisdictions to adopt an inefficient pro-plaintiff bias. In the last 20 years, the Eastern District of Texas has adopted an aggressive and remarkably successful policy of non-consensual forum selling in patent infringement actions. In 2016, 44% of all patent infringement actions were filed in the Eastern District of Texas, and 93% of them were filed by patent assertion entities or “patent trolls.”

In December 2016, the Supreme Court granted certiorari in TC Heartland v. Kraft, to ...


Tc Heartland: The Patent Venue Question Is Informed By Personal Jurisdiction Issues, Richard Samp 2017 University of Miami Law School

Tc Heartland: The Patent Venue Question Is Informed By Personal Jurisdiction Issues, Richard Samp

University of Miami Business Law Review

No abstract provided.


Internet Killed The Radio Star: Preventing Digital Broadcasters From Exploiting The Radio Music License Committee Rate To The Detriment Of Songwriters, Alexander Reed Speer 2017 University of Georgia School of Law

Internet Killed The Radio Star: Preventing Digital Broadcasters From Exploiting The Radio Music License Committee Rate To The Detriment Of Songwriters, Alexander Reed Speer

Journal of Intellectual Property Law

No abstract provided.


The Drug Short: A New Mechanism For Creating Financial Incentives For The Discovery Of Invalid Pharmaceutical Patents, Christopher Edward Neill 2017 University of Georgia School of Law

The Drug Short: A New Mechanism For Creating Financial Incentives For The Discovery Of Invalid Pharmaceutical Patents, Christopher Edward Neill

Journal of Intellectual Property Law

No abstract provided.


Caught Between A Mark And A Hard Place: Resolving U.S.-Cuban Trademark Disputes In A Post-Embargo World, Mary Grace Griffin 2017 University of Georgia School of Law

Caught Between A Mark And A Hard Place: Resolving U.S.-Cuban Trademark Disputes In A Post-Embargo World, Mary Grace Griffin

Journal of Intellectual Property Law

No abstract provided.


Keep It Secret, Keep It Safe: Protecting Trade Secrets By Revisiting The Reasonable Efforts Requirement In Federal Law, Molly Hubbard Cash 2017 University of Georgia School of Law

Keep It Secret, Keep It Safe: Protecting Trade Secrets By Revisiting The Reasonable Efforts Requirement In Federal Law, Molly Hubbard Cash

Journal of Intellectual Property Law

No abstract provided.


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