Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, 2009 Washington and Lee University School of Law
Reconsidering The Georgia-Pacific Standard For Reasonable Royalty Patent Damages, Christopher B. Seaman
Christopher B. Seaman
Determining damages for infringement is one of the most important—and controversial—issues in current patent litigation. The current fifteen-factor Georgia-Pacific standard for determining a reasonable royalty has become increasingly difficult for juries to apply in patent disputes involving complex, high-technology products, resulting in unpredictable damage awards that tend to overcompensate patentees. This Article proposes a more manageable alternative to Georgia-Pacific when an acceptable noninfringing substitute for the patented technology exists. Specifically, in a hypothetical bargain for a patent license, both economic and negotiation theory explain that a rational patent licensor would agree to pay only the costs it would ...
An Australian Copyright Revolution And Its Relevance For Uk Jurisprudence: Icetv In The Light Of Infopaq V Danske, Justine Pila
The purpose of this paper is to consider the High Court of Australia’s decision in IceTV v Nine Network (2009) and its relevance for UK copyright jurisprudence, taking account of the ECJ's decision in Infopaq v Danske (2009). The starting point for that consideration is the principle expressed by the Court of Appeal in Higgs v R (2008), that UK courts may rely on the reasoning of Australian and other foreign decisions when the logic of those decisions makes them applicable. On its face, IceTV seems an important decision, and a likely source of future reasoning for UK ...
The Tragedy Of (Ignoring) The Information Semicommons: A Cultural Environmental Perspective, 2009 The University of Western Australia
The Tragedy Of (Ignoring) The Information Semicommons: A Cultural Environmental Perspective, Robert Lee Cunningham
The second enclosure movement critique is familiar theoretical territory for scholars concerned with the creeping maximalist impulse of Intellectual Property Rights (IPRs). Just as the first enclosure movement relating to real property created controversies concerning social contract and the advertised efficiencies of private real property, so too these concerns are echoed within the context of IPRs. This paper employs the emergent discourse of cultural environmentalism so as to diagnose and resolve IPR issues evident within the information environment. Cultural environmentalism borrows, begs and steals analytical frameworks from environmentalism, such as those relating to the commons, public choice theory, welfare economics ...
Valuing Intellectual Property: An Experiment, 2009 Chicago-Kent College of Law
Valuing Intellectual Property: An Experiment, Christopher J. Buccafusco, C. Sprigman
Christopher J. Buccafusco
In this article we report on the results of an experiment we performed to determine whether transactions in intellectual property (IP) are subject to the valuation anomalies commonly referred to as “endowment effects”. Traditional conceptions of the value of IP rely on assumptions about human rationality derived from classical economics. The law assumes that when people make decisions about buying, selling, and licensing IP they do so with fixed, context-independent preferences. Over the past several decades, this rational actor model of classical economics has come under attack by behavioral data showing that people do not always make strictly rational decisions ...
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, 2009 Chicago-Kent College of Law
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David Simon
Individuals often view copyright law as a tool authors or media conglomerates use to advance their interests. But other entities also use copyright law to benefit themselves. One such entity, upon which this Article focuses, is the religious organization. While religion organizations employ copyright law for a number of reasons, they have two primary motivations for doing so: to censor others and to preserve the purity of their religion’s doctrine. These two motivations steer religious groups into court where their objectives meet the limits of copyright law head on.
Before reaching the issues that arise in court, however, this ...
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, 2009 Australian National University
Impact Of The Australia-Us Free Trade Agreement On Australian Medicines Regulation And Prices, Thomas A. Faunce, James Bai, Duy Nguyen
Thomas A Faunce
The Australia – United States Free Trade Agreement (AUSFTA) came into force on 1 January 2005. Before and subsequently to the AUSFTA being concluded, controversy surrounded the debate over its impact on Australia ’ s health policy, specifically on regulation of pharmaceutical patents and Australia ’ s cost-effectiveness system relating to prescription medicine prices known as the Pharmaceutical Benefits Scheme (PBS). This article examines the expectations of both parties in the pharmaceutical sector with regard to the AUSFTA, as well as how successfully they were achieved. It seeks to analyse important relevant outcomes for regulators, the public and pharmaceutical industry, as well as ...
High-Stakes Sleuthing - What You Should Know About Protecting Your Trade Secrets, 2009 Miller, Canfield, Paddock and Stone, PLC
High-Stakes Sleuthing - What You Should Know About Protecting Your Trade Secrets, Matthew P. Allen
Matthew P. Allen
No abstract provided.
An Interpretive Framework For Narrower Immunity Under Section 230 Of The Communications Decency Act, 2009 Harvard Law School
An Interpretive Framework For Narrower Immunity Under Section 230 Of The Communications Decency Act, Gregory M. Dickinson
Gregory M Dickinson
Almost all courts to interpret Section 230 of the Communications Decency Act have construed its ambiguously worded immunity provision broadly, shielding Internet intermediaries from tort liability so long as they are not the literal authors of offensive content. Although this broad interpretation effects the basic goals of the statute, it ignores several serious textual difficulties and mistakenly extends protection too far by immunizing even direct participants in tortious conduct.
This analysis, which examines the text and history of Section 230 in light of two strains of pre-Internet vicarious liability defamation doctrine, concludes that the immunity provision of Section 230, though ...
Enhancement Of Protection Of Geographical Indications, 2009 Christ University School of Law
Enhancement Of Protection Of Geographical Indications, Dharmendra Chatur
Should the additional protection granted to Wines and Spirits under TRIPS be guaranteed to all other Geographical Indications?
Patent Challenges And Royalty Inflation, 2009 Villanova University School of Law
Patent Challenges And Royalty Inflation, Michael Risch
Eliminating bad patents is supposed to be a good thing, and so federal law allows any interested party to challenge a patent's validity almost any time. But the law goes a step further than merely conferring broad challenge rights. It also makes them nearly impossible to contract away. Instead, federal law voids any agreement not to challenge a patent. While a contract ordinarily signifies a final resolution of all issues covered by its terms, no such peace exists in patent licensing. This inalienability of patent challenge rights comes at a cost, a cost borne by many patent licensees and ...
Reinventing Usefulness, 2009 Villanova University School of Law
Reinventing Usefulness, Michael Risch
Patent law includes one of this country’s oldest continuous statutory requirements: since 1790, and without variance, inventors are only entitled to patent “new and useful” inventions. While “newness” receives constant attention and debate, usefulness has been largely ignored. Usefulness has transformed into the toothless and misunderstood “utility” doctrine, which requires that patents only have a bare minimum potential for use. This article seeks to reinvent patentable usefulness. It is the first comprehensive look at usefulness and it reasons that a core benefit of the requirement is to aid in the commercialization of inventions. The article then proposes two ways ...
A Brief Defense Of The Written Description Requirement, 2009 Villanova University School of Law
A Brief Defense Of The Written Description Requirement, Michael Risch
This essay provides a brief defense of the much maligned "written description" requirement in patent law. Many argue that there is no such requirement, and that a patent specification that enables a person having ordinary skill in the art (the PHOSITA) to make and use the invention is sufficient, even if the specification contains no description of the invention. This essay briefly describes the dispute, and then raises an important but under-theorized argument in favor of a separate written description requirement. The essay accepts the persuasive grammatical reading of the statute proposed by opponents of a separate written description requirement ...
Trade Secret Law And Information Development Incentives, 2009 Villanova University School of Law
Trade Secret Law And Information Development Incentives, Michael Risch
Trade secrets differ from other forms of intellectual property in many subtle ways that affect incentives to invest in information development. These differences relate not only to the types of information protected, but also to the requirements one must meet to protect that type of information. The various divergences and intersections of trade secret laws with other intellectual property laws lead to differences in the amount and types of investments companies make in developing information. This chapter explores five types of differential incentives associated with trade secret law: - Trade secret law v. no trade secret law - Trade secret law v ...
Introduction, Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide, 2009 Widener University - Harrisburg Campus
Introduction, Symposium, Internet Expression In The 21st Century: Where Technology & Law Collide, Tonya M. Evans, Michael R. Dimino, Nicole M. Santo
Tonya M. Evans
No abstract provided.
Towards An Intellectual Property Bargaining Theory: The Post-Wto Era, 2009 Selected Works
Towards An Intellectual Property Bargaining Theory: The Post-Wto Era, Daniel Benoliel, Bruno Meyerhof Salama
Bruno Meyerhof Salama
Pharmaceutical Patent Bargains: The Brazilian Experience, 2009 FGV Law School in Sao Paulo
Pharmaceutical Patent Bargains: The Brazilian Experience, Bruno Meyerhof Salama, Daniel Benoliel
Bruno Meyerhof Salama
Toward A Defense Of Fair Use Enablement, 2009 Selected Works
Toward A Defense Of Fair Use Enablement, Joseph P. Liu
Joseph P. Liu
How China Succeeded In Protecting Olympic Trademarks And Why This Success Will Not Generate Immediate Improvements In Intellectual Property Protection In China, 2009 University of Pennsylvania Law School
How China Succeeded In Protecting Olympic Trademarks And Why This Success Will Not Generate Immediate Improvements In Intellectual Property Protection In China, Aileen M. Mcgill
Aileen M McGill
After centuries of stagnant growth and international isolation, China has emerged as the fastest-growing economy in the world and one of the most important parties in international trade. This staggering growth and influx of foreign goods has led to rampant counterfeiting of brand-name goods in a society with little cultural basis for individual intellectual property rights. When Beijing was awarded the 2008 summer Olympics in 2001, the Chinese government moved quickly to prepare for this beloved international event, rallying this massive country for, what many considered to be their grand emergence onto the world stage. One of the reforms enacted ...
Unbranding, Confusion & Deception, 2009 Case Western Reserve University
Unbranding, Confusion & Deception, Aaron K. Perzanowski
Aaron K. Perzanowski
This Article addresses the phenomenon of unbranding. Unbranding occurs when a firm chooses to discontinue its use of a brand that has developed negative associations among consumers in favor of a new brand, often in hopes of escaping the consequences of inferior products or illegal activity. Companies like AIG, Blackwater, Philip Morris, and WorldComm have all employed this strategy in recent years. Unbranding represents a striking departure from branding orthodoxy, which stresses the maintenance of brand equity through the gradual evolution of a brand. After examining the factors that prompt firms to take the radical step of eliminating an established ...
Creativity And Craft, 2009 University of PIttsburgh