Intellectual Property Law Commons^™

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, Mary Lafleur

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Consequences For Patent Owners If A Patent Is Unconstitutionally Invalidated By The Patent Trial And Appeal Board, Mark Magas

Chicago-Kent Law Review

There have been many constitutional challenges against the Patent Trial and Appeal Board (“PTAB”) since it was created by the America Invents Act in 2011. While the merits of these challenges have been widely debated, there has been little analysis of what would happen if one of these challenges succeeded and patents are found to have been unconstitutionally invalidated. This note examines how issues with waiver, retroactivity, and finality may prevent patent owners from getting their patent rights back, considering the type of constitutional challenge and the different stages of the PTAB process. While the odds are stacked against patent ...

Enhanced Patent Infringement Damages Post-Halo And The Problem With Using The Read Factors, Betul Serbest

Chicago-Kent Law Review

The United States Patent Act allows a patent holder to recover treble damages for “willful infringement.” The standard for willful infringement has changed over the years, with the United States Supreme Court providing the most recent explanation of what is “willful” in Halo Electronics, Inc. v. Pulse Electronics, Inc. in 2016. Courts, however, continue to use a set of factors set forth in Read Corp. v. Portec, Inc. in 1992 to aid their discretion in awarding willful infringement enhanced damages. In this article, I argue that at least two of the Read factors are inconsistent with the Supreme Court’s ...

Ip Law Book Review, V9 #1, William T. Gallagher

Intellectual Property Law

PATENT POLITICS: LIFE FORMS, MARKETS, AND THE PUBLIC INTEREST IN THE UNITED STATES AND EUROPE, by Shobita Parthasarathy. Reviewed by Wissam Aoun, University of Detroit Mercy School of Law.

EXHAUSTING INTELLECTUAL PROPERTY RIGHTS by Shubha Ghosh and Irene Calboli. Reviewed by Samuel F. Ernst, Golden Gate University School of Law.

THE RIGHT OF PUBLICITY: PRIVACY REIMAGINED FOR A PUBLIC WORLD, by Jennifer E. Rothman. Reviewed by Eric E. Johnson, University of Oklahoma College of Law.

Clown Eggs, David Fagundes, Aaron Perzanowski

Notre Dame Law Review

Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the Clown Egg Register and its surrounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller ...

February 1, 2019 - Panel 1: When Virtual Meets Real: From Video Games To Fictional Brands, Golden Gate University School Of Law, Mccarthy Institute

McCarthy Institute

• Janice Bereskin, Partner, Bereskin & Parr (moderator)
• J. Thomas McCarthy, Of Counsel, Morrison Foerster
• Mark McKenna, John P. Murphy Foundation Professor of Law, Notre Dame Law School
• Rick McMurtry, Senior Vice President & Associate General Counsel, Turner (TBS)
• Makalika Naholowaa, Head of Trademarks, Microsoft

February 1, 2019 - Panel 3: Branding In The Fashion Industry, Golden Gate University School Of Law, Mccarthy Institute

McCarthy Institute

• Julie Zerbo, Founder & Editor-in-Chief, The Fashion Law (moderator)
• Megan Bannigan, Counsel, Debevoise & Plimpton
• Laura Chapman, Partner, SheppardMullin
• Pamela Weinstock, Volunteers of Legal Service
• Pier Luigi Roncaglia, Managing Partner, Spheriens Avvocati

February 1, 2019 - Panel 4: Online Platforms: Trademark Rights And Relevance, Golden Gate University School Of Law, Mccarthy Institute

McCarthy Institute

• Marc Greenberg, Professor of Law, Golden Gate University School of Law (moderator)
• Marc Cooperman, Attorney, Banner Witcoff
• Xinghao Wang, Director, Global IP Enforcement, Alibaba Group
• Eric Gelwicks, Director, Business & Legal Affairs, Live Nation
• Dan Chen, Senior Partner, G.M., Unitalen IP Consulting LLC
• Patchen Haggerty, Partner, Perkins Coie
• Michael Kelly, Senior Corporate Counsel, IP, Amazon
• David Franklyn, Professor of Law, Golden Gate University School of Law

February 1, 2019 - Panel 2: Trademark Registration In The Uspto And Euipo – A Comparative, Practical Analysis, Golden Gate University School Of Law, Mccarthy Institute

McCarthy Institute

• Iza Junkar, Senior Associate, Hogan Lovells (moderator)
• Meryl Hershkowitz, Deputy Commissioner for Trademark Operations, U.S. Patent and Trademark Office
• Barton Beebe, John M. Desmarais Professor of Intellectual Property Law, NYU School of Law
• Jeanne Fromer, Professor of Law, NYU School of Law
• Gordon Humphreys, Chairperson of the 5th Board, EUIPO Boards of Appeal
• Joao Negrao, Director, International Cooperation and Legal Affairs, EUIPO
• Joseph Ferretti, Vice President and Chief Counsel, Global Trademarks, PepsiCo

February 1, 2019 - Conference Program, Golden Gate University School Of Law, Mccarthy Institute

McCarthy Institute

Conference Program.

The Procedure Of Patent Eligibility, Paul Gugliuzza

Faculty Scholarship

A decade ago, the patent-eligible subject matter requirement was defunct. Several recent Supreme Court decisions, however, have made eligibility the most important issue in many patent cases. To date, debates over the resurgent doctrine have focused mainly on its substance. Critics contend that the Supreme Court’s case law makes patents too easy to invalidate and discourages innovation. Supporters emphasize that the Court’s decisions help eradicate the overly broad patents often asserted by so-called patent trolls.

Yet one important consequence of eligibility’s revival has been procedural. Because district courts often view eligibility to present a pure question of ...

Intelligent Design & Egyptian Goddess: A Response To Professors Buccafusco, Lemley & Masur, Sarah Burstein

Sarah Burstein

No abstract provided.

Metaphors On Trademark: A Response To Adam Mossoff, “Trademark As A Property Right”, Brian L. Frye

Law Faculty Scholarly Articles

No abstract provided.

Navigating Sino-American Business Relationships, Ryan Stenquist

Marriott Student Review

Relationships between American and Chinese companies have never been more important or profitable as they are now. With linguistic, moral, governmental, and legal systems developed entirely independent of each other for thousands of years, these relationships also prove the most difficult and complex to navigate. This article explores mistakes foreigners often make while doing business in China, the current environment and culture of joint ventures with native Chinese, and how to succeed in the challenging yet rewarding economy now opening up to the world.

Neuromarks, Mark Bartholomew

Journal Articles

This Article predicts trademark law’s impending neural turn. A growing legal literature debates the proper role of neuroscientific evidence. Yet outside of criminal law, analysis of neuroscientific evidence in the courtroom has been lacking. This is a mistake given that most of the applied research into brain function focuses on building better brands, not studies of criminal defendants’ grey matter. Judges have long searched for a way to measure advertising’s psychological hold over consumers. Advertisers already use brain imaging to analyze a trademark’s ability to stimulate consumer attention, emotion, and memory. In the near future, businesses will ...

Canada’S Summary Trial Procedure: A Viable Alternative To Summary Judgment On Trademark Likelihood Of Confusion Actions In The United States, Elaine Kussurelis

University of Miami Inter-American Law Review

No abstract provided.

Coker V. Sassone, 135 Nev. Adv. Op. 2 (Jan. 3, 2019), Whitney Jones

Nevada Supreme Court Summaries

The Court clarified that the appropriate standard of review for a district court’s denial or grant of an anti-SLAPP motion to dismiss is de novo.

Data Exclusivities In The Age Of Big Data, Biologics, And Plurilaterals, Peter K. Yu

Texas A&M Law Review

The past decade has seen many new developments impacting the intellectual property system. The introduction of big data analytics has transformed the fields of biotechnology and bioinformatics while ushering in major advances in drug development, clinical practices, and medical financing. The arrival of biologics and personalized medicines has also revolutionized the healthcare and pharmaceutical industries. In addition, the emergence of bilateral, regional, and plurilateral trade agreements have raised serious, and at times difficult, questions concerning the evolution of domestic and international intellectual property standards.

One topic linking all three developments together concerns the establishment of international standards to protect clinical ...

Open Access, Nonexclusive Licensing, Author Rights, Kyle K. Courtney, Laura Quilter

New England Copyright Boot Camp

An overview of copyright in relation to author contracts, a hands-on exercise reviewing an author publication agreement, and pointers about talking with authors about their publication agreements.

Also includes an overview of Creative Commons licensing and how open access policies can change the copyright default for authors and provide a legal mechanism for institutions to share author works.