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Antitrust Overreach: Undoing Cooperative Standardization In The Digital Economy, Jonathan M. Barnett 2019 University of Southern California

Antitrust Overreach: Undoing Cooperative Standardization In The Digital Economy, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Information technology markets in general, and wireless communications markets in particular, rely on standardization mechanisms to develop interoperable devices for rapid and secure data processing, storage and transmission. From 2G through the emergent 5G standard, wireless communications markets have largely achieved standardization through cooperative multi-firm arrangements that likely outperform the historically dominant alternatives of government monopoly, which is subject to informational deficits and regulatory capture, and private monopoly, which suffers from pricing and other distortions inherent to protected market positions. This cooperative process has successfully relied on a mix of reasonably secure patents, quasi-contractual licensing commitments supplemented by reputational discipline ...


Facing The Inevitable: The Inevitable Disclosure Doctrine And The Defend Trade Secrets Act Of 2016, M. Claire Flowers 2019 Washington and Lee University School of Law

Facing The Inevitable: The Inevitable Disclosure Doctrine And The Defend Trade Secrets Act Of 2016, M. Claire Flowers

Washington and Lee Law Review

Multiple federal courts have recognized and applied the inevitable disclosure doctrine in cases brought by employers against former employees under the DTSA. The inevitable disclosure doctrine allows a business to temporarily enjoin the new employment of a former employee by a competitor on the theory that the employee learned confidential information while working for that business which the employee cannot possibly forget or refrain from relying on during her employment with the competitor. The application of this doctrine under the DTSA is controversial for two reasons. First, some states refuse to recognize the inevitable disclosure doctrine due, in part, to ...


Artificial Intelligence And Patent Ownership, W. Michael Schuster 2019 Oklahoma State University

Artificial Intelligence And Patent Ownership, W. Michael Schuster

Washington and Lee Law Review

Invention by artificial intelligence (AI) is the future of innovation. Unfortunately, as discovered through Freedom of Information Act requests, the U.S. patent regime has yet to determine how it will address patents for inventions created solely by AI (AI patents). This Article fills that void by presenting the first comprehensive analysis on the allocation of patent rights arising from invention by AI. To this end, this Article employs Coase Theorem and its corollaries to determine who should be allowed to secure these patents to maximize economic efficiency. The study concludes that letting firms using AI to create new technologies ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Survival Of The Trademark License: In Re Tempnology And Contract Rejection In Bankruptcy, Avery Minor 2019 Boston College Law School

Survival Of The Trademark License: In Re Tempnology And Contract Rejection In Bankruptcy, Avery Minor

Boston College Law Review

On January 12, 2018, the United States Court of Appeals for the First Circuit held, in In re Tempnology, that forcing specific performance of a trademark license after a contract rejection in a bankruptcy case would be contrary to the plain-language of Section 365(n) of the Bankruptcy Code and conflict with the goal of providing debtors with a “fresh start.” In so doing, the First Circuit joined the Fourth Circuit in a split with the Seventh Circuit, which has characterized a contract rejection as a breach in the context of non-bankruptcy law, therefore not extinguishing any trademark license rights ...


Harmonizing The Liner Notes: How The Usco’S Adoption Of Metadata Standards Will Improve The Efficiency Of Licensing Agreements For Audiovisual Works, Michael Reed 2019 The Law Office of Michael Reed

Harmonizing The Liner Notes: How The Usco’S Adoption Of Metadata Standards Will Improve The Efficiency Of Licensing Agreements For Audiovisual Works, Michael Reed

Chicago-Kent Journal of Intellectual Property

It is no secret that making a living as a musician is not as lucrative of a proposition as it was a generation ago. For this reason, musicians have had to diversify their sources of income. Placement of a song in advertisements, film, or television programs have become an integral part of many successful musician’s careers, but far too many independent artists still find these opportunities out of reach. This disparity is often the result of technical deficiencies in the audio files submitted for consideration, making it difficult to identify and contact the requisite rights holders in order to ...


The Crime Of Product Counterfeiting: A Legal Analysis Of The Usage Of State-Level Statutes, Kari Kammel Esq., Brandon A. Sullivan Ph.D., Lorryn P. Young 2019 Michigan State University, Center for Anti-Counterfeiting and Product Protection

The Crime Of Product Counterfeiting: A Legal Analysis Of The Usage Of State-Level Statutes, Kari Kammel Esq., Brandon A. Sullivan Ph.D., Lorryn P. Young

Chicago-Kent Journal of Intellectual Property

This legal analysis of the state-level trademark counterfeiting criminal enforcement framework in the United States (“U.S.”) scrutinizes the use and non-use of state statutes to prosecute and convict trademark counterfeiters. Relying on state-level appellate court cases and conviction data, we found: (1) states inconsistently use and interpret criminal anti-counterfeiting statutes across the U.S.; and (2) strategies for building evidence in trademark counterfeiting criminal cases are strongest when based on cooperation with the victim (trademark owner). Based on our findings, to improve state-level anti-counterfeiting efforts, we recommend several best practices:

  • Adoption of specific criminal trademark counterfeiting statutes if states ...


The Patent On-Sale Bar Post-Helsinn And Its Effect On The Pharmaceutical Industry, Raja Chatterjee 2019 Akin Gump Strauss Hauer and Feld

The Patent On-Sale Bar Post-Helsinn And Its Effect On The Pharmaceutical Industry, Raja Chatterjee

Chicago-Kent Journal of Intellectual Property

The purpose of the patent on-sale bar is to discourage inventors from misusing the patent system and unfairly extending their patent exclusivity period. In Helsinn Healthcare v. Teva Pharmaceuticals, the Federal Circuit has distorted this doctrine far beyond its purpose. By including non-public business transactions within the scope of the on-sale bar, the Federal Circuit’s decision contradicts legislative history and express statutory language from the America Invents Act (“AIA”). This interpretation also makes the U.S. the only major patent system where a non-public sale can lead to the forfeiture of an inventor’s patent rights. The inclusion of ...


Patent Citation Analysis And Patent Damages, Dr. Peter A. Malaspina 2019 New York State Office of the Attorney General

Patent Citation Analysis And Patent Damages, Dr. Peter A. Malaspina

Chicago-Kent Journal of Intellectual Property

No abstract provided.


A Tale Of Two Approaches: Analysis Of Responses To Eu’S Fta Initiatives On Geographical Indications (Gis), Masayoshi Omachi 2019 Japan Patent Office

A Tale Of Two Approaches: Analysis Of Responses To Eu’S Fta Initiatives On Geographical Indications (Gis), Masayoshi Omachi

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Petitioner Estoppel From Patent Trial And Appeal Board Proceedings After Sas Institute Inc. V. Iancu, Jennifer Esch, Paula Miller, Stacy Lewis, Tom Irving 2019 Harvard Law School

Petitioner Estoppel From Patent Trial And Appeal Board Proceedings After Sas Institute Inc. V. Iancu, Jennifer Esch, Paula Miller, Stacy Lewis, Tom Irving

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Due Process In Aia Proceedings After Sas Institute Inc. V. Iancu, Mikaela Stone, Britton Davis 2019 Chicago-Kent College of Law

Due Process In Aia Proceedings After Sas Institute Inc. V. Iancu, Mikaela Stone, Britton Davis

Chicago-Kent Journal of Intellectual Property

No abstract provided.


All Or Nothing: Why The Supreme Court Sas Mandate Does Not Eliminate The Shaw Safe Harbor, Matt Johnson, Michael Lavine, Daniel Kazhdan Ph.D, Lisa Furby, David Anderson 2019 Chicago-Kent College of Law

All Or Nothing: Why The Supreme Court Sas Mandate Does Not Eliminate The Shaw Safe Harbor, Matt Johnson, Michael Lavine, Daniel Kazhdan Ph.D, Lisa Furby, David Anderson

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Administrative Oversight: Justice Gorsuch’S Patent Opinions, The Ptab, And Antagonism Toward The Administrative State, Daniel D. Kim, Jonathan Stroud 2019 Unified Patents

Administrative Oversight: Justice Gorsuch’S Patent Opinions, The Ptab, And Antagonism Toward The Administrative State, Daniel D. Kim, Jonathan Stroud

Chicago-Kent Journal of Intellectual Property

In his first term, Justice Neil Gorsuch has made a surprisingly forceful impact on, of all things, patent law—and even more unlikely, the United States Patent and Trademark Office’s adjudicatory arm, the Patent Trial and Appeal Board. Was there any way to predict, from his 10th Circuit opinions below, that he would author opinions in all three patent cases in his first term? Was this attention the result of deeply submerged but long-felt opinions on patent law, or rather a result of his sharp distrust of administrative overreach? We analyze 10th Circuit and Supreme Court opinions authored by ...


Is Dna Really A Natural Product? It's Time To Separate Fact From (Legal) Fiction: An Examination Of Dna Patentability As A Biological Algorithm In The Post-Myriad Era, Nicholas Ulen 2019 Chicago-Kent College of Law

Is Dna Really A Natural Product? It's Time To Separate Fact From (Legal) Fiction: An Examination Of Dna Patentability As A Biological Algorithm In The Post-Myriad Era, Nicholas Ulen

Chicago-Kent Law Review

In 2013, the United States Supreme Court delivered its landmark decision in Ass’n for Molecular Pathology v. Myriad Genetics, Inc., holding isolated DNA unpatentable, thereby invalidating the claims of thousands of DNA patents in the process. The opinion, delivered by Justice Thomas, reasoned that the act of separating DNA from the body did not sufficiently transform the molecule beyond what naturally exists. Yet the Court found that line to be crossed when it held certain artificially synthesized complementary DNA molecules coding for the exact same gene patentable. Unlike the Federal Circuit, the Court focused its analysis not on the ...


The Fatal Attraction Of Pay-For-Delay, Robin C. Feldman, Prianka Misra 2019 University of California Hastings College of the Law, UCLA Law

The Fatal Attraction Of Pay-For-Delay, Robin C. Feldman, Prianka Misra

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Copyright Protection For Conceptually Separable Artistic Features Post-Star Athletica: A Useful Article On Useful Articles, Daan G. Erikson 2019 Husch Blackwell LLP.

Copyright Protection For Conceptually Separable Artistic Features Post-Star Athletica: A Useful Article On Useful Articles, Daan G. Erikson

Chicago-Kent Journal of Intellectual Property

In the wake of the U.S. Supreme Court’s ruling in Star Athletica v. Varsity Brands in 2017, U.S. federal district courts and the Copyright Office Review Board have grappled with the Supreme Court’s reimagined conceptual separability test for determining the copyrightability of artistic aspects of useful articles. An examination of the decisions in the first eighteen months post-Star Athletica reveals district courts have interpreted the Supreme Court’s guidance inconsistently, with some courts adding language to the test and even using overruled portions of previous tests. The author takes an empirical approach to evaluating such ...


Using A Phillips Construction In All Ptab Trials: The Impact On District Court Patent Actions And Ptab Proceedings, Sarah Jelsema, Andrew Mason, John Vandenberg 2019 Chicago-Kent College of Law

Using A Phillips Construction In All Ptab Trials: The Impact On District Court Patent Actions And Ptab Proceedings, Sarah Jelsema, Andrew Mason, John Vandenberg

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Collapse Of Covered Business Method Reviews, Eleanor M. Yost 2019 Shareholder, Carlton Fields Jorden Burt, P.A.

The Collapse Of Covered Business Method Reviews, Eleanor M. Yost

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Huge Numbers Of Patent Cases: How One District Judge Manages Them - The 2018 Supreme Court Ip Review Address, The Honorable William Alsup 2019 United States District Court, Northern District of California

Huge Numbers Of Patent Cases: How One District Judge Manages Them - The 2018 Supreme Court Ip Review Address, The Honorable William Alsup

Chicago-Kent Journal of Intellectual Property

No abstract provided.


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