Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law Commons

Open Access. Powered by Scholars. Published by Universities.®

11,944 Full-Text Articles 7,970 Authors 4,526,118 Downloads 174 Institutions

All Articles in Intellectual Property Law

Faceted Search

11,944 full-text articles. Page 1 of 328.

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 ...


I, Copyright, Huson, Garrett 2018 Santa Clara Law

I, Copyright, Huson, Garrett

Santa Clara High Technology Law Journal

I, Copyright


“Fly Home Ye Ravens!”: How The Fcc’S Abandonment Of Broadband Regulation Will Harm Music Diversity, Batty, Luke 2018 Santa Clara Law

“Fly Home Ye Ravens!”: How The Fcc’S Abandonment Of Broadband Regulation Will Harm Music Diversity, Batty, Luke

Santa Clara High Technology Law Journal

“Fly Home Ye Ravens!”: How the FCC’s Abandonment of Broadband Regulation Will Harm Music Diversity


Prophylactic Merger Policy, Herbert J. Hovenkamp 2018 University of Pennsylvania Law School

Prophylactic Merger Policy, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

An important purpose of the antitrust merger law is to arrest certain anticompetitive practices or outcomes in their “incipiency.” Many Clayton Act decisions involving both mergers and other practices had recognized the idea as early as the 1920s. In Brown Shoe the Supreme Court doubled down on the idea, attributing to Congress a concern about a “rising tide of economic concentration” that must be halted “at its outset and before it gathered momentum.” The Supreme Court did not explain why an incipiency test was needed to address this particular problem. Once structural thresholds for identifying problematic mergers are identified there ...


From Bits To Atoms: Does The Open Source Software Model Translate To Open Source Hardware?, Beldiman, Dana 2018 Santa Clara Law

From Bits To Atoms: Does The Open Source Software Model Translate To Open Source Hardware?, Beldiman, Dana

Santa Clara High Technology Law Journal

From Bits to Atoms: Does the Open Source Software Model

Translate to Open Source Hardware?


Unfair Misuse: How Section 512 Of The Dmca Allows Abuse Of The Copyright Fair Use Doctrine And How To Fix It, Matteson, Joel D. 2018 Santa Clara Law

Unfair Misuse: How Section 512 Of The Dmca Allows Abuse Of The Copyright Fair Use Doctrine And How To Fix It, Matteson, Joel D.

Santa Clara High Technology Law Journal

Unfair Misuse: How Section 512 of the DMCA Allows Abuse of the Copyright Fair Use Doctrine and How to Fix It


Antitrust Overreach: Undoing Cooperative Standardization In The Digital Economy, Jonathan M. Barnett 2018 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 ...


Intellectual Property In Experience, Madhavi Sunder 2018 Georgetown University Law Center

Intellectual Property In Experience, Madhavi Sunder

Michigan Law Review

In today’s economy, consumers demand experiences. From Star Wars to Harry Potter, fans do not just want to watch or read about their favorite characters— they want to be them. They don the robes of Gryffindor, flick their wands, and drink the butterbeer. The owners of fantasy properties understand this, expanding their offerings from light sabers to the Galaxy’s Edge®, the new Disney Star Wars immersive theme park opening in 2019.

Since Star Wars, Congress and the courts have abetted what is now a $262 billion-a-year industry in merchandising, fashioning “merchandising rights” appurtenant to copyrights and trademarks that ...


The "Broadest Reasonable Interpretation" And Applying Issue Preclusion To Administrative Patent Claim Construction, Jonathan I. Tietz 2018 University of Michigan Law School

The "Broadest Reasonable Interpretation" And Applying Issue Preclusion To Administrative Patent Claim Construction, Jonathan I. Tietz

Michigan Law Review

Inventions are tangible. Yet patents comprise words, and words are imprecise. Thus, disputes over patents involve a process known as “claim construction,” which formally clarifies the meaning of a patent claim’s words and, therefore, the scope of the underlying property right. Adversarial claim construction commonly occurs in various Article III and Article I settings, such as district courts or the Patent Trial and Appeal Board (PTAB). When these proceedings ignore each other’s claim constructions, a patent’s scope can become inconsistent and unpredictable. The doctrine of issue preclusion could help with this problem. The Supreme Court recently reemphasized ...


A Fair Use To Remember: Restoring Application Of The Fair Use Doctrine To Strengthen Copyright Law And Disarm Abusive Copyright Litigation, Lauren Gorab 2018 Fordham University School of Law

A Fair Use To Remember: Restoring Application Of The Fair Use Doctrine To Strengthen Copyright Law And Disarm Abusive Copyright Litigation, Lauren Gorab

Fordham Law Review

The primary goal of copyright law is to benefit the public. By rewarding authors with exclusive rights, such as the power to enforce copyright infringement, copyright protection is the means through which copyright law accomplishes this goal. Another way that copyright law pursues its goal is through the fair use doctrine—an invaluable utilitarian limit on copyright protection. However, fair use is, among other things, vague. The current application of fair use as an affirmative defense magnifies the doctrine’s problems and makes copyright law hospitable to abusive copyright litigation. Current proposals in this area of reform target either fair ...


Relx Referral To Eu Competition Authority, Jonathan Tennant, Björn Brembs 2018 University of Nebraska - Lincoln

Relx Referral To Eu Competition Authority, Jonathan Tennant, Björn Brembs

Copyright, Fair Use, Scholarly Communication, etc.

We believe that Elsevier and other major publishers are continuing to engage in anti-competitive practices, which are continuously worsening, and that information gained in the last 15 years urges immediate investigation and intervention into this unregulated market space. This could be, for example, through an empirical analysis of the scholarly publishing market; by having an independent regulatory body monitoring and overseeing the digital services provided by Elsevier and others within the industry; banning the use of non-disclosure clauses in licensing contracts; requiring transparency into the production costs of research articles and publishing operations; banning the use of inappropriate journal-level metrics ...


Drones: Proposed Standards Of Liability, Harris, Kristopher-Kent ‘K-K’ 2018 Santa Clara Law

Drones: Proposed Standards Of Liability, Harris, Kristopher-Kent ‘K-K’

Santa Clara High Technology Law Journal

Drones: Proposed Standards of Liability


Model(Ing) Privacy: Empirical Approaches To Privacy Law And Governance, Barrett, Lindsey 2018 Santa Clara Law

Model(Ing) Privacy: Empirical Approaches To Privacy Law And Governance, Barrett, Lindsey

Santa Clara High Technology Law Journal

Model(ing) Privacy: Empirical Approaches to Privacy Law and Governance


The Biosimilar Patent Dance- If You Don't Dance You're No Friend Of Mine, Ladonnikov, Alexej 2018 Santa Clara Law

The Biosimilar Patent Dance- If You Don't Dance You're No Friend Of Mine, Ladonnikov, Alexej

Santa Clara High Technology Law Journal

The Biosimilar Patent Dance- If You Don't Dance Your No Friend of Mine


Liability Issue Of Domestic Drones, Sehrawat, Vivek 2018 Santa Clara Law

Liability Issue Of Domestic Drones, Sehrawat, Vivek

Santa Clara High Technology Law Journal

Liability Issue of Domestic Drones


Limb Law: Licensing Solutions For The Prosthetic Industry's Patentability And Cost Crisis, Ryan J. Mumper 2018 University of Georgia School of Law

Limb Law: Licensing Solutions For The Prosthetic Industry's Patentability And Cost Crisis, Ryan J. Mumper

Journal of Intellectual Property Law

No abstract provided.


Fundamental, Unequivocal, Yet Unreliable: The Interplay Of Voting, Electronic Voting Systems, And Trade Secrets In Today's Interconnected World, Burns Marlow 2018 University of Georgia School of Law

Fundamental, Unequivocal, Yet Unreliable: The Interplay Of Voting, Electronic Voting Systems, And Trade Secrets In Today's Interconnected World, Burns Marlow

Journal of Intellectual Property Law

No abstract provided.


Additive Manufacturing, Pay-For-Delay, And Mandatory Care: Is There Space For Positive Reform?, Jordan L. Jackson 2018 University of Georgia School of Law

Additive Manufacturing, Pay-For-Delay, And Mandatory Care: Is There Space For Positive Reform?, Jordan L. Jackson

Journal of Intellectual Property Law

No abstract provided.


Getting Patent Preemption Right, Camilla A. Hrdy 2018 University of Akron School of Law

Getting Patent Preemption Right, Camilla A. Hrdy

Journal of Intellectual Property Law

No abstract provided.


The Myth Of Uniformity In Ip Laws, Sharon K. Sandeen 2018 Mitchell Hamline School of Law

The Myth Of Uniformity In Ip Laws, Sharon K. Sandeen

Journal of Intellectual Property Law

When Congress enacts federal laws, it is often because of the asserted benefits of a “uniform” law and the, often unspoken, assumption that federal laws are somehow more uniform than uniform state laws. Infact, the uniformity argument was a primary justification for theenactment of both the Defend Trade Secrets Act of 2016 and the EU Trade Secret Directive.

The quest for uniformity, particularly with respect to laws that relate to intellectual property rights, is an old story in the United States. During the drafting of the U.S. Constitution, the existence of inconsistent state laws was a central reason for ...


Digital Commons powered by bepress