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A New Framework For Determining Reasonable Royalties In Patent Litigation, Norman V. Siebrasse, Thomas F. Cotter 2017 University of Florida Levin College of Law

A New Framework For Determining Reasonable Royalties In Patent Litigation, Norman V. Siebrasse, Thomas F. Cotter

Florida Law Review

Over the past decade, eight-, nine- and even ten-figure damages awards have become a recurring feature in patent infringement litigation, and yet the principal methods for calculating reasonable royalties (the most common form of damages in patent cases) remain unsatisfying and incoherent. Most frequently, courts employ what we refer to as a “pure ex ante” approach, which aims to construct the hypothetical bargain the parties themselves would have struck prior to infringement (ex ante), based on whatever information would have been available to them at that time. This approach has the advantage of avoiding patent “holdup”— basing the royalty partly ...


Three Hundred Nos: An Empirical Analysis Of The First 300+ Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews Prior To In Re Cuozzo Speed Technologies, Llc, 14 J. Marshall Rev. Intell. Prop. L. 112 (2015), Jarrad Wood, Jonathan Stroud 2017 Selected Works

Three Hundred Nos: An Empirical Analysis Of The First 300+ Denials Of Institution For Inter Partes And Covered Business Method Patent Reviews Prior To In Re Cuozzo Speed Technologies, Llc, 14 J. Marshall Rev. Intell. Prop. L. 112 (2015), Jarrad Wood, Jonathan Stroud

Jonathan R. K. Stroud

Tasked in 2011 with creating powerful new patent review trial regimes, the U.S. Patent and Trademark Office—through the efforts of their freshly empowered quasi-judicial body, the Patent Trial and Appeal Board—set to creating a fast-paced trial with limited discovery and concentrated efficiency. For two years, the proceedings have proved potent, holding unpatentable many of the claims that reached decisions on the merits. Yet a small subsection of petitions never make it past the starting gate, resulting in wasted time and effort on the parts of petitioners—and likely sighs of relief from the rights-holders. The AIA exempted ...


The Tragedy Of The Commons: A Hybrid Approach To Trade Secret Legal Theory, Jonathan R. K. Stroud 2017 American University Washington College of Law

The Tragedy Of The Commons: A Hybrid Approach To Trade Secret Legal Theory, Jonathan R. K. Stroud

Jonathan R. K. Stroud

No abstract provided.


Copyright And A Synergistic Society, Tracy Reilly 2017 University of Dayton School of Law

Copyright And A Synergistic Society, Tracy Reilly

Minnesota Journal of Law, Science & Technology

No abstract provided.


The Dynamic Effect Of Information Privacy Law, Ignacio Cofone 2017 Yale Law School

The Dynamic Effect Of Information Privacy Law, Ignacio Cofone

Minnesota Journal of Law, Science & Technology

Discussions of information privacy typically rely on the idea that there is a trade off between privacy and availability of information. But privacy, under some circumstances, can lead to creation of more information. In this article, I identify such circumstances by exploring the ex ante incentives created by entitlements to personal data and evaluating the long-term effects of privacy. In so doing, I introduce an economic justification of information privacy law. Under the standard law & economics account, as long as property rights are defined and transaction costs are low, initial right allocations should be irrelevant for social welfare. But initial ...


Regime Shift Of Ip Lawmaking And Enforcement From Wto To The International Investment Regime, James Gathii, Cynthia Ho 2017 University of Minnesota Law School

Regime Shift Of Ip Lawmaking And Enforcement From Wto To The International Investment Regime, James Gathii, Cynthia Ho

Minnesota Journal of Law, Science & Technology

No abstract provided.


Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James Thuo Gathii 2017 Loyola University Chicago School of Law

Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James Thuo Gathii

Georgia Journal of International & Comparative Law

No abstract provided.


Blockchain Receipts: Patentability And Admissibility In Court, Angela Guo 2017 Chicago-Kent College of Law

Blockchain Receipts: Patentability And Admissibility In Court, Angela Guo

Chicago-Kent Journal of Intellectual Property

No abstract provided.


When Copyright Is Not Enough: Deconstructing Why, As The Modern Music Industry Takes, Musicians Continue To Make, Glenton Davis 2017 Chicago-Kent College of Law

When Copyright Is Not Enough: Deconstructing Why, As The Modern Music Industry Takes, Musicians Continue To Make, Glenton Davis

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Patentability Of The Crispr-Cas9 Genome Editing Tool, Deborah Ku 2017 Chicago-Kent College of Law

The Patentability Of The Crispr-Cas9 Genome Editing Tool, Deborah Ku

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Uneasy Case For Patent Federalism, Roger Allan Ford 2017 University of New Hampshire School of Law

The Uneasy Case For Patent Federalism, Roger Allan Ford

Legal Scholarship

Nationwide uniformity is often considered an essential feature of the patent system, necessary to fulfill that system’s disclosure and incentive purposes. In the last few years, however, more than half the states have enacted laws that seek to disrupt this uniformity by making it harder for patent holders to enforce their patents. There is an easy case to be made against giving states greater authority over the patent system: doing so would threaten to disrupt the system’s balance between innovation incentives and a robust public domain and would permit rent seeking by states that disproportionately produce or consume ...


Technological Neutrality: Recalibrating Copyright In The Information Age, Carys J. Craig 2017 Osgoode Hall Law School of York University

Technological Neutrality: Recalibrating Copyright In The Information Age, Carys J. Craig

Carys Craig

This article aims to draw the connection between how we conceptualize legal rights over information resources and our capacity to develop technologically neutral legal norms in the information age. More specifically, it identifies and critically examines three competing approaches to the idea of technological neutrality apparent in copyright jurisprudence. Ultimately, it is argued that true technological neutrality requires not simply the seamless expansion of legal rights into new technological contexts, but the careful, contextual recalibration of rights and interests in light of shifting values and changing circumstances. As a normative principle, technological neutrality in copyright law thus demands a nuanced ...


Split Chords: Addressing The Federal Circuit Split In Music Sampling Copyright Infringement Cases, Erik J. Badia 2017 Selected Works

Split Chords: Addressing The Federal Circuit Split In Music Sampling Copyright Infringement Cases, Erik J. Badia

Erik Badia

This Note offers a comprehensive analysis of the current circuit split regarding how the de minimis doctrine applies to music sampling in copyright infringement cases. Since the Sixth Circuit's 2005 landmark decision in Bridgeport Music Inc. v. Dimension Films, critics, scholars and even judges have dissected the opinion and its bright line rule of “get a license or do not sample.” In May 2016, the Ninth Circuit issued its opinion in VMG Salsoul v. Ciccione. The Ninth Circuit explicitly declined to follow Bridgeport, holding that analyzing a music sampling copyright infringement case requires a substantial similarity analysis, including applying ...


Ufc Fighters Are Taking A Beating Because They Are Misclassified As Independent Contractors. An Employee Classification Would Change The Fight Game For The Ufc, Its Fighters, And Mma, Vincent Salminen 2017 Pace University

Ufc Fighters Are Taking A Beating Because They Are Misclassified As Independent Contractors. An Employee Classification Would Change The Fight Game For The Ufc, Its Fighters, And Mma, Vincent Salminen

Pace Intellectual Property, Sports & Entertainment Law Forum

The current state of affairs in the sport of mixed martial arts (MMA) is overwhelmingly in favor of the companies promoting the fights and not in favor of the athletes actually putting their health and lives at risk. This article looks at the Ultimate Fighting Championship (UFC) and how it classifies its fighters as independent contractors rather than employees, even though it treats the fighters more like employees. This article addresses issues fighters are having with the current classification and then examines how the fighters could be classified as employees. Finally, the article will address what an employee classification would ...


Split Chords: Addressing The Federal Circuit Split In Music Sampling Copyright Infringement Cases, Erik J. Badia 2017 Pace University

Split Chords: Addressing The Federal Circuit Split In Music Sampling Copyright Infringement Cases, Erik J. Badia

Pace Intellectual Property, Sports & Entertainment Law Forum

This Note offers a comprehensive analysis of the current circuit split regarding how the de minimis doctrine applies to music sampling in copyright infringement cases. Since the Sixth Circuit's 2005 landmark decision in Bridgeport Music Inc. v. Dimension Films, critics, scholars and even judges have dissected the opinion and its bright line rule of “get a license or do not sample.” In May 2016, the Ninth Circuit issued its opinion in VMG Salsoul v. Ciccione. The Ninth Circuit explicitly declined to follow Bridgeport, holding that analyzing a music sampling copyright infringement case requires a substantial similarity analysis, including applying ...


Expanding The Sports Broadcasting Act Of 1961 To College Athletics, Kelsey Pincket 2017 Pace University

Expanding The Sports Broadcasting Act Of 1961 To College Athletics, Kelsey Pincket

Pace Intellectual Property, Sports & Entertainment Law Forum

This Note will begin by exploring the history and evolution of antitrust law surrounding sport including the limited application of the Sports Broadcasting Act. An introduction of the Sports Broadcasting Act and a discussion of the portions of the act that are in need of more inclusive language will follow. This Note will then examine the current competitive imbalance in collegiate athletics and emphasize the Supreme Court’s recognition as to the importance of maintaining competitiveness in the NCAA. Finally, the expansion of Sports Broadcasting Act through explicit regulation to immunize the NCAA, as one league with a single unity ...


Wrigley Field, The Trademark, Benjamin J. Welch 2017 Hicks, Casey & Morton

Wrigley Field, The Trademark, Benjamin J. Welch

Pace Intellectual Property, Sports & Entertainment Law Forum

This paper is about the theory of applying the law of trade dress and all the protections that come with it to stadiums, specifically to Wrigley Field, home of Major League Baseball’s Chicago Cubs. Trade dress is the version of trademark reserved for the packaging, design, or color of products. If the packaging, design, or color possesses the ability to identify the source or creator of the product, then it can create a possessory interest in the product’s creator for that style of packaging, design of the product, or color used. This possessory interest is used to protect ...


Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton 2017 Fox Rothschild LLP

Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton

Pace Intellectual Property, Sports & Entertainment Law Forum

Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at ...


Patent Injunctions On Appeal: An Empirical Study Of The Federal Circuit's Application Of Ebay, Christopher B. Seaman, Ryan T. Holte 2017 Washington and Lee University School of Law

Patent Injunctions On Appeal: An Empirical Study Of The Federal Circuit's Application Of Ebay, Christopher B. Seaman, Ryan T. Holte

Christopher B. Seaman

More than ten years after the United States Supreme Court’s landmark decision in eBay v. MercExchange, the availability of injunctive relief in patent cases remains hotly contested. For example, in a recent decision in the long-running litigation between Apple and Samsung, members of the United States Court of Appeals for the Federal Circuit divided sharply on whether an injunction was warranted to prevent Samsung from continuing to infringe several smartphone features patented by Apple. To date, however, nearly all empirical scholarship regarding eBay has focused on trial court decisions, rather than the Federal Circuit.

This Article represents the first ...


Why Is Everyone Afraid Of Ip Licensing?, Jonathan M. Barnett 2017 University of Southern California

Why Is Everyone Afraid Of Ip Licensing?, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Legal scholars have tended to approach the licensing of intellectual property rights with skepticism, calling for legal intervention to protect the public domain against purported encroachment by IP licensors. Recent decisions by the U.S. Supreme Court are consistent with this view. This skeptical approach overlooks three core efficiencies generated by real-world content and technology licensing markets. First, licensing permits firms to customize supply chains in order to allocate supply-chain functions to the least-cost provider of each function, thereby minimizing total innovation and commercialization costs. Second, licensing permits firms to construct hub-and-spoke formations in which larger downstream firms bear production ...


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