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Intellectual Property Law Commons

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12,062 full-text articles. Page 1 of 332.

Critical Copyright Law & The Politics Of ‘Ip’, Carys J. Craig 2019 Osgoode Hall Law School of York University

Critical Copyright Law & The Politics Of ‘Ip’, Carys J. Craig

Articles & Book Chapters

Since its explosion late in the twentieth century, the field of intellectual property scholarship has been a vibrant site for critical legal theorizing. Indeed, it is arguable that US-based intellectual property scholarship effectively generated a resurgence or ‘second wave’ of Critical Legal Studies. Exploring critical engagement with the very idea of ‘intellectual property’ and its conceptual counterpart, the ‘public domain,’ this chapter suggests that a vast swath of copyright scholarship that has bloomed over the past few decades, as copyright has expanded in its reach and relevance, builds implicitly or explicitly on insights gleaned from legal realism, Critical Legal Studies ...


Chapter 4: Injunctive Relief, David O. Taylor 2019 Southern Methodist University, Dedman School of Law

Chapter 4: Injunctive Relief, David O. Taylor

Faculty Scholarship

Patent systems commonly empower courts to order accused or adjudged infringers to refrain from continuing infringing conduct in the future. Some patentees file suit for the primary purpose of obtaining and enforcing an injunction against infringement by a competitor, and even in cases in which the patentee is willing to license an invention to an accused infringer for an agreed price, the indirect monetary value of an injunction against future infringement can dwarf the amount a finder of fact is likely to award as compensation for past infringement. In some of these cases, an injunction, if granted, would impose costs ...


Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean 2018 The University of Akron School of Law

Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean

Daniel Harris Brean

Patents define an inventor’s exclusive rights by reciting essential aspects of the invention in sentences called claims.  The claims are drafted in varying degrees of technical specificity, such that each claim is legally distinct—some may be valid or infringed while others are not.  Most commonly, this variation is accomplished by using a combination of “independent” and “dependent” claims. Independent claims stand alone, while dependent claims incorporate by reference all the features recited in the independent claims but go on to add further features or details.  The result is a range of potential infringing activity that triggers liability, from ...


Wearables And Where They Stick: Finding A Place For Tech Tattoos In The Ip Framework, Emily A. McCutcheon 2018 University of Georgia School of Law

Wearables And Where They Stick: Finding A Place For Tech Tattoos In The Ip Framework, Emily A. Mccutcheon

Journal of Intellectual Property Law

No abstract provided.


Freebooting On Facebook -- Should The Social Media Giant Face Liability?, Nicholas J. Tait 2018 University of Georgia School of Law

Freebooting On Facebook -- Should The Social Media Giant Face Liability?, Nicholas J. Tait

Journal of Intellectual Property Law

No abstract provided.


Watch What You *Bleeping* Want: Interpretation Of Statutes Dealing With Advancing Technology In Light Of The Ninth Circuit Case Of "Disney Enterprises, Inc. V. Vidangel, Inc.", Thomas B. Norton 2018 University of Georgia School of Law

Watch What You *Bleeping* Want: Interpretation Of Statutes Dealing With Advancing Technology In Light Of The Ninth Circuit Case Of "Disney Enterprises, Inc. V. Vidangel, Inc.", Thomas B. Norton

Journal of Intellectual Property Law

No abstract provided.


Tightening The Gilstrap: How "Tc Heartland" Limited The Pharmaceutical Industry When It Reined In The Federal Circuit, Amanda Walton Newton 2018 University of Georgia School of Law

Tightening The Gilstrap: How "Tc Heartland" Limited The Pharmaceutical Industry When It Reined In The Federal Circuit, Amanda Walton Newton

Journal of Intellectual Property Law

No abstract provided.


The Curious Case Of Cady Noland And The Disappearing Cabin, Amanda Hoefer 2018 University of Georgia School of Law

The Curious Case Of Cady Noland And The Disappearing Cabin, Amanda Hoefer

Journal of Intellectual Property Law

No abstract provided.


Balancing The Competing Functions Of Patent Post-Grant Proceedings, Michael Xun Liu 2018 University of Georgia School of Law

Balancing The Competing Functions Of Patent Post-Grant Proceedings, Michael Xun Liu

Journal of Intellectual Property Law

Since the 1980s, the United States Patent and Trademark Office has amended or revoked patents through post-grant proceedings. These are quasi-judicial proceedings that are often used to resolve patent disputes. But aside from adjudicating private disputes, post-grant proceedings also aim to protect the public against invalid patents, create more certainty in patent rights, and bolster confidence in the patent system. These functions are often described as “examinational” because they rely on the PTO’s ability to reexamine the validity of issued patents.

This Article explores the extent to which post-grant proceedings under the America Invents Act (AIA) perform examinational functions ...


The Uneasy Case For Patent Law, Rachel E. Sachs 2018 Washington University in St. Louis School of Law

The Uneasy Case For Patent Law, Rachel E. Sachs

Michigan Law Review

A central tenet of patent law scholarship holds that if any scientific field truly needs patents to stimulate progress, it is pharmaceuticals. Patents are thought to be critical in encouraging pharmaceutical companies to develop and commercialize new therapies, due to the high costs of researching diseases, developing treatments, and bringing drugs through the complex, expensive approval process. Scholars and policymakers often point to patent law’s apparent success in the pharmaceutical industry to justify broader calls for more expansive patent rights.

This Article challenges this conventional wisdom about the centrality of patents to drug development by presenting a case study ...


Annual Report Fy 2018, Office Of Scholarly Communications, University Of Nebraska–Lincoln Libraries, Paul Royster, Sue A. Gardner, Margaret Mering, Linnea Fredrickson 2018 University of Nebraska-Lincoln

Annual Report Fy 2018, Office Of Scholarly Communications, University Of Nebraska–Lincoln Libraries, Paul Royster, Sue A. Gardner, Margaret Mering, Linnea Fredrickson

Copyright, Fair Use, Scholarly Communication, etc.

Highlights include hosting the ACRL Scholarly Communications Roadshow, joining the National Library of Medicine’s PubMed Link-out program, the Gerald Hodges Intellectual Freedom Chapter Relations Award from the American Library Association, institutional repository deposits and traffic, journals published, Zea Books published, conferences, presentations, publications, staffing notes, and student workers.


Arms And The Man: Strategic Trade Control Challenges Of 3d Printing, Arjun Banerjee 2018 University of Tennessee Knoxville

Arms And The Man: Strategic Trade Control Challenges Of 3d Printing, Arjun Banerjee

International Journal of Nuclear Security

3D printing is on the verge of confronting Customs and other security agencies with a whole new set of mind-boggling problems. With the tremendous reach of the Internet worldwide, virtual blueprints to weapon parts, components and accessories of drones, narcotic drugs and psychoactive substances, all strategic trade items, as well as other restricted items such as pornographic material, can be proliferated and printed out swiftly by any individual or organization with access to a 3D printer. Intellectual Property Rights are also endangered by these machines. Technology is forever outpacing fast antiquating legal institutions, and security systems, which require revamping to ...


Historical Perspectives & Reflections On "Matal V. Tam" And The Future Of Offensive Trademarks, Russ VerSteeg 2018 New England Law, Boston

Historical Perspectives & Reflections On "Matal V. Tam" And The Future Of Offensive Trademarks, Russ Versteeg

Journal of Intellectual Property Law

No abstract provided.


From Ip Goals To 3d Holes: Does Intellectual Property Law Provide A Map Or Gap In The Era Of 3d Printing?, Autumn Smith 2018 University of Tennessee Health Science Center, Memphis

From Ip Goals To 3d Holes: Does Intellectual Property Law Provide A Map Or Gap In The Era Of 3d Printing?, Autumn Smith

Journal of Intellectual Property Law

No abstract provided.


Use It Or Lose It: The Sixth Circuit's New Approach To Evaluating Likelihood To Cause Consumer Confusion In Trademark Disputes, Stuart F. Sumner 2018 University of Georgia School of Law

Use It Or Lose It: The Sixth Circuit's New Approach To Evaluating Likelihood To Cause Consumer Confusion In Trademark Disputes, Stuart F. Sumner

Journal of Intellectual Property Law

No abstract provided.


Location Unaware: Developing A Standard Of Secondary Liability For Location-Aware Technology Developers, Joseph Phillip Sklar 2018 University of Georgia School of Law

Location Unaware: Developing A Standard Of Secondary Liability For Location-Aware Technology Developers, Joseph Phillip Sklar

Journal of Intellectual Property Law

No abstract provided.


The Ftc And Modern Common Carrier Regulation In The Telecom Context, Cody Lee Shubert 2018 University of Georgia School of Law

The Ftc And Modern Common Carrier Regulation In The Telecom Context, Cody Lee Shubert

Journal of Intellectual Property Law

No abstract provided.


Disposition Of Digital Assets In Georgia, Clint Alain Guillebeau 2018 University of Georgia School of Law

Disposition Of Digital Assets In Georgia, Clint Alain Guillebeau

Journal of Intellectual Property Law

No abstract provided.


Standoff Between The Trademark Trial And Appeal Board (Ttab) And The Federal Courts: What "Houndstooth Mafia" Means For Judicial Authority Over Administrative Agencies, Matthew S. Chandler 2018 University of Georgia School of Law

Standoff Between The Trademark Trial And Appeal Board (Ttab) And The Federal Courts: What "Houndstooth Mafia" Means For Judicial Authority Over Administrative Agencies, Matthew S. Chandler

Journal of Intellectual Property Law

No abstract provided.


Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen 2018 University of Florida Levin College of Law

Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen

Florida Law Review

No abstract provided.


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