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Monitoring Behavior: Universities, Nonprofits, Patents, And Litigation, Teo Firpo, Michael S. Mireles 2018 NESTA

Monitoring Behavior: Universities, Nonprofits, Patents, And Litigation, Teo Firpo, Michael S. Mireles

SMU Law Review

This paper examines the confluence of two important issues concerning patent law. The two issues are the merits of the debate concerning the supposed “patent troll” crisis and the increased patenting and licensing of university and other nonprofit inventions, including the litigation of those patents.

First, there is a debate in the literature concerning the presence and scope of the problem concerning so-called “patent trolls.” To some, supposed “patent troll” behavior is ordinary litigation behavior, and to others, it points to problems with the patent litigation system. Indeed, some may argue that the benefits of “patent trolls” may outweigh the ...


Non-Practicing Entities & Patent Reform, Nicholas Douglas 2018 Pace University

Non-Practicing Entities & Patent Reform, Nicholas Douglas

Pace Law Review

The patent system is designed to promote innovation and supply a blueprint for innovative minds to improve upon, but the behavior of some patent owners is contrary to these principles. Non-practicing entities obtain patent rights, and rather than produce the product claimed in the patent, they assert their exclusionary rights broadly and aggressively against businesses producing similar products in order to induce settlement or licensing payments. These assertions account for a significant percentage of infringement claims and threaten a potentially innocent business with expensive litigation. The actions of these entities have a substantial effect on the patent system and have ...


The History Of U.S. Copyright Law And Disney’S Involvement In Copyright Term Extension, Clarissa Anderson 2018 University of Wyoming

The History Of U.S. Copyright Law And Disney’S Involvement In Copyright Term Extension, Clarissa Anderson

Honors Theses AY 17/18

Copyright term extension is often a contentious topic among copyright owners, corporate lobbyists, and opponents of copyright extension. The history of copyright law spans more than 225 years and has always been an ever-evolving process. The Copyright Act of 1790 was the first statute in the United States to identify definite provisions of copyright law and permitted authors the right to their intellectual property for a duration of 14 years. Today, depending on the type of work, copyright terms can reach up to 120 years. Historically, Disney has been exceedingly protective of their intellectual property and is a prominent supporter ...


An Ethical Framework For Library Publishing: Version 0.5 (Draft For Comment), Jason Boczar, Charlotte Roh, Melanie Schlosser, Nina Collins, Rebel Cummings-Sauls, Terri Fishel, Valerie Horton, Harrison Inefuku, Sarah Melton, Joshua Neds-Fox, Wendy C. Robertson, Jaclyn Sipovic, Camille Thomas 2018 University of South Florida

An Ethical Framework For Library Publishing: Version 0.5 (Draft For Comment), Jason Boczar, Charlotte Roh, Melanie Schlosser, Nina Collins, Rebel Cummings-Sauls, Terri Fishel, Valerie Horton, Harrison Inefuku, Sarah Melton, Joshua Neds-Fox, Wendy C. Robertson, Jaclyn Sipovic, Camille Thomas

Copyright, Fair Use, Scholarly Communication, etc.

Background: At the Library Publishing Coalition (LPC) Membership Meeting at the 2017 Library Publishing Forum in Baltimore, Maryland, the community discussed how the LPC can respond to the current political climate. The discussion was wide-ranging, but kept coming back to the importance of library values and our responsibility as library publishers to center our publishing practice around them. A number of those present offered to devise a way for the conversation to continue beyond the Forum. That group included Marilyn Billings, Jason Boczar, Rebel Cummings-Sauls, Harrison W. Inefuku, Joshua Neds-Fox, Matt Ruen, Emily Stenberg, and Monica Westin, who proposed a ...


The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh 2018 University of Groningen

The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh

Notre Dame Journal of International & Comparative Law

The International Covenant on Economic, Social and Cultural Rights (ICESCR) grants authors the right to the protection of the material interests resulting from their intellectual works. The Committee on Economic, Social and Cultural Rights interpreted these interests to comprise the ability to achieve an adequate standard of living (as a minimum). This paper argues that copyright law provides a useful yet incomplete model for the protection of authors’ material interests. Copyright creates the legal environment necessary for establishing a market for intellectual works but does not guarantee its benefits to authors. Therefore, States Parties to the ICESCR should both tailor ...


“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence 2018 University of Miami Law School

“Wake Up, Mr. West!”: Distinguishing Albums And Compilations For Statutory Damages In Copyright Within A Streaming–Centric Music Economy, Tyler Laurence

University of Miami Business Law Review

The concept of the music album has been a vital cornerstone of the recorded music industry since its adoption in the form of the long–play vinyl record in 1948. For over sixty years, the ability for artists to package a cohesive collection of performances has remained of paramount priority and an art within itself, notwithstanding the flurry of technological innovations that have altered the album’s size, shape, length, and interactivity. These collections of songs have even withstood the so–called “era of unbundilization,” as digital music services declared a new piecemeal distribution standard of albums through the turn ...


State Biotechnology Oversight: The Juncture Of Technology, Law, And Public Policy, Christine C. Vito Ph.D. 2018 University of Maine School of Law

State Biotechnology Oversight: The Juncture Of Technology, Law, And Public Policy, Christine C. Vito Ph.D.

Maine Law Review

In a 1980 landmark decision, the Supreme Court of the United States ruled that genetically engineered lifeforms such as bacteria were patentable. The significance of this decision to the emerging biotechnology industry—an industry predicated on intellectual property rights—was incalculable. The characteristically research-intensive, capital-intensive biotechnology industry now had the economic incentive to push the technology of genetic engineering to previously unimagined extremes. The genetic engineering and recombinant DNA applications pursued by the biotechnology industry over the past ten years have engendered a spectrum of perplexing inquiries concerning ethical and moral values; agricultural, ecological and environmental matters; global competitiveness and ...


Taking Ai Personally: How The E.U. Must Learn To Balance The Interests Of Personal Data Privacy & Artificial Intelligence, Matthew Humerick 2018 Santa Clara Law

Taking Ai Personally: How The E.U. Must Learn To Balance The Interests Of Personal Data Privacy & Artificial Intelligence, Matthew Humerick

Santa Clara High Technology Law Journal

Taking AI Personally: How the E.U. Must Learn to Balance the Interests of Personal Data Privacy & Artificial Intelligence


The Contract Exception To The Uniform Trade Secrets Act And Its Implications For The Federal Defend Trade Secrets Act, Richard F. Dole, Jr. 2018 Santa Clara Law

The Contract Exception To The Uniform Trade Secrets Act And Its Implications For The Federal Defend Trade Secrets Act, Richard F. Dole, Jr.

Santa Clara High Technology Law Journal

The Contract Exception to the Uniform Trade Secrets Act and Its Implications for the Federal Defend Trade Secrets Act


A (Thigh) Gap In The Law: Addressing Egregious Digital Manipulation Of Celebrity Images, Jessica L. Williams-Vickery 2018 Georgia State University College of Law

A (Thigh) Gap In The Law: Addressing Egregious Digital Manipulation Of Celebrity Images, Jessica L. Williams-Vickery

Georgia State University Law Review

In 2012, world-renowned supermodel Coco Rocha agreed to be photographed for the cover of one of Elle’s magazine publications, Elle Brazil. Rocha posed for the pictures in a dress with significant cutouts, covered only by a sheer layer of skin-toned fabric. In keeping with her firm policy of no full or partial nudity, Rocha wore a bodysuit underneath the dress to limit her exposure. When Elle published the magazine, the final product shocked Rocha; the magazine had altered the image to remove her bodysuit, giving the impression Rocha had shown more skin than she in fact had. Rocha took ...


Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong 2018 University of Cincinnati College of Law

Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong

Michigan Telecommunications and Technology Law Review

The functional nature of computer software underlies two propositions that were, until recently, fairly well settled in intellectual property law: first, that software, like other utilitarian articles, may qualify for patent protection; and second, that the scope of copyright protection for software is comparatively limited. Both propositions have become considerably shakier as a result of recent court decisions. Following Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the lower courts have invalidated many software patents as unprotectable subject matter. Meanwhile, Oracle America v. Google Inc., 750 F.3d 1339 (Fed. Cir. 2014) extended far more expansive ...


Why The Copyright Act Expressly Preempts State-Level Public Performance Rights In Pre-1972 Recordings, James Fahringer 2018 University of Michigan Law School

Why The Copyright Act Expressly Preempts State-Level Public Performance Rights In Pre-1972 Recordings, James Fahringer

Michigan Telecommunications and Technology Law Review

Over the past several years, two former bandmates in the 1960s rock group, The Turtles, have initiated several lawsuits against the popular music streaming services, Pandora and Sirius XM, arguing that the band owns common law copyrights in the sound recordings of its songs, and that these state-level copyrights grant the band an exclusive public performance right in its sound recordings. If accepted, this argument has the potential to significantly distort federal copyright policy because states would not be constrained by any of the balancing features of the Copyright Act, including Digital Millennium Copyright Act (DMCA) safe harbors for Internet ...


The Return Of The Plague: Inequitable Conduct After Regeneron V. Merus, Matthew Avery, Matthew Kempf, Amy Liang 2018 Santa Clara Law

The Return Of The Plague: Inequitable Conduct After Regeneron V. Merus, Matthew Avery, Matthew Kempf, Amy Liang

Santa Clara High Technology Law Journal

The Return of the Plague: Inequitable Conduct After Regeneron V. Merus


Us China Trade Dispute Over Intellectual Property, Mozi Luo 2018 San Jose State University

Us China Trade Dispute Over Intellectual Property, Mozi Luo

Master's Projects

How have Section 301 investigations impacted trade relations between China and the U.S. in clean energy area, and between Japan and the U.S. in semiconductor and auto part areas, and does the impact provide a guide for the possible outcome of the upcoming Section 301 investigation of China?

After President Donald Trump’s memorandum on August 14, 2017 stating that China’s behavior regarding intellectual property rights (IPR) and the high technology industries adversely influences the U.S. economy, the United States Trade Representative (USTR) declared the initiation of a section 301 investigation of China on the topic ...


Lost Profits In A Multicomponent World, Bernard Chao 2018 University of Denver Sturm College of Law

Lost Profits In A Multicomponent World, Bernard Chao

Boston College Law Review

Given our adversarial system, it is not surprising that plaintiffs advance creative damages theories that would help them maximize their recoveries. In patent law, one recurring tactic for patentees is to seek remedies based on the entire infringing product instead of the specific feature covered by the patent. This distinction can significantly inflate remedies because modern multicomponent products contain thousands, sometimes hundreds of thousands, of different features. Thus, entire products are orders of magnitude larger, more complex, and more valuable than individual features.

In recent years, the Supreme Court has sensibly rejected attempts to base patent remedies on entire products ...


Harmonizing The Tension Between The First Amendment And Publicity Rights And Finding The Right Balance: Discerning How Much Freedom Is Warranted And What Needs Protection, William Buchsbaum 2018 University of Cincinnati

Harmonizing The Tension Between The First Amendment And Publicity Rights And Finding The Right Balance: Discerning How Much Freedom Is Warranted And What Needs Protection, William Buchsbaum

The University of Cincinnati Intellectual Property and Computer Law Journal

This paper examines the tension between the First Amendment and Publicity Rights considering why and how friction is emerging, the legal underpinnings and theories behind the development of publicity rights and how to reconcile this with values raised in support of the First Amendment. This collision course of rights occurs where property interests have vested in human identity itself which brings us face to face with the outer limits of free speech and expression under the First Amendment and evens tests the notion of how we define speech. The paper takes a dive into some of the currently arising issues ...


The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon 2018 University of Cincinnati College of Law

The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon

The University of Cincinnati Intellectual Property and Computer Law Journal

The exact reach of the Defend Trade Secrets Act’s extraterritoriality provision has yet to be interpreted by the courts. If United States securities, trademark, and antitrust law serves as any indication of what is to be expected, the Defend Trade Secrets Act may be subject to an inconsistent array of interpretation. When faced with interpreting the extraterritorial scope of the Defend Trade Secrets Act for the first time, the court must set a strong precedent by enacting a single, uniform effects test that will not falter when applied in different circumstances and by different circuits. Courts interpreting United States ...


2nd Place Contest Entry: Piracy, Policy, And Pandora: Outdated Copyright In A Digital World, Stephanie Caress 2018 Chapman University

2nd Place Contest Entry: Piracy, Policy, And Pandora: Outdated Copyright In A Digital World, Stephanie Caress

Kevin and Tam Ross Undergraduate Research Prize

This is Stephanie Caress' submission for the 2018 Kevin and Tam Ross Undergraduate Research Prize, which won second place. She wrote about current copyright laws and digital distribution practices and how they can be improved for creators and consumers of music.

Stephanie is a senior at Chapman University, majoring in Music and Strategic & Corporate Communication. Her faculty mentor is Dr. Jessica Sternfeld.


Proximate Vs. Geographic Limits On Patent Damages, Stephen Yelderman 2018 University of Notre Dame

Proximate Vs. Geographic Limits On Patent Damages, Stephen Yelderman

IP Theory

The exclusive rights of a U.S. patent are limited in two important ways. First, a patent has a technical scope—only the products and methods set out in the patent’s claims may constitute infringement. Second, a patent has a geographic scope—making, using, or selling the products or methods described in the patent’s claims will only constitute infringement if that activity takes place in the United States. These boundaries are foundational features of the patent system: there can be no liability for U.S. patent infringement without an act that falls within both the technical and geographic ...


Balances Of Power Between Ip Creators: Ethical Issues In Scholarly Communication, Kristin Laughtin-Dunker 2018 Chapman University

Balances Of Power Between Ip Creators: Ethical Issues In Scholarly Communication, Kristin Laughtin-Dunker

Library Presentations, Posters, and Videos

Scholarly communications often values free access above all else, but what happens when that drive for openness conflicts with ethical issues of consent and ownership? In this CARL IG Showcase panel, members of SCORE (Scholarly Communication and Open Resources for Education) will discuss some of the thorny issues of ethics and scholarly communication, including: consent (particularly among diverse communities outside of the institution) and digital collections, students as information creators / library as publisher, and decolonizing who we consider scholars and what we consider scholarship. This panel will feature speakers who will share current discussions and personal stories on issues pertinent ...


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