Facing The Inevitable: The Inevitable Disclosure Doctrine And The Defend Trade Secrets Act Of 2016,
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 ...
Legal Realism: Unfinished Business,
2019
University of Kentucky
Legal Realism: Unfinished Business, Ramsi A. Woodcock
Law Faculty Scholarly Articles
No abstract provided.
Survival Of The Trademark License: In Re Tempnology And Contract Rejection In Bankruptcy,
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 ...
Censorial Copyright,
2019
University of Pennsylvania Law School
Censorial Copyright, Shyamkrishna Balganesh
Faculty Scholarship at Penn Law
Censorial copyright claims are infringement actions brought by authors for the unauthorized public dissemination of works that are private, unpublished, and revelatory of the author’s personal identity. Driven by considerations of authorial autonomy, dignity, and personality rather than monetary value, these claims are almost as old as Anglo-American copyright law itself. Yet, modern thinking has attempted to undermine their place within copyright law, and sought to move them into the domain of privacy law. This Article challenges the dominant view and argues that censorial copyright claims form a legitimate part of the copyright landscape. It shows how censorial copyright ...
Harmonizing The Liner Notes: How The Usco’S Adoption Of Metadata Standards Will Improve The Efficiency Of Licensing Agreements For Audiovisual Works,
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,
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,
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,
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),
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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.
Is The Federal Circuit Learning Its Lessons? A Case Study Of Bpcia Preemption,
2019
Chicago-Kent College of Law
Is The Federal Circuit Learning Its Lessons? A Case Study Of Bpcia Preemption, Mary Lafleur
Chicago-Kent Journal of Intellectual Property
No abstract provided.
