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Internet-Of-Things Devices, Intellectual Property, Venture Capital, China Manufacturing, And The Art Of A Clean Deal: Who Owns What?, Chris Carr, Dan Harris 2018 Santa Clara Law

Internet-Of-Things Devices, Intellectual Property, Venture Capital, China Manufacturing, And The Art Of A Clean Deal: Who Owns What?, Chris Carr, Dan Harris

Santa Clara High Technology Law Journal

Internet-of-Things Devices, Intellectual Property, Venture Capital, China Manufacturing, and the Art of a Clean Deal: Who Owns What?


Reputational Economies Of Scale, Daniel M. Klerman 2018 USC Law School

Reputational Economies Of Scale, Daniel M. Klerman

University of Southern California Legal Studies Working Paper Series

For many years, most scholars have assumed that the strength of reputational incentives is positively correlated with the frequency of repeat play. Firms that sell more products or services were thought more likely to be trustworthy than those that sell less because they have more to lose if consumers decide they have behaved badly. That assumption has been called into question by recent work that shows that, under the standard infinitely repeated game model of reputation, reputational economies of scale will occur only under special conditions, such as monopoly, because larger firms not only have more to lose from behaving ...


Call For Standardization In Patent Claim Drafting, Tao Zhang, Daniel J. Sherwinter, Dov Greenbaum 2018 Santa Clara Law

Call For Standardization In Patent Claim Drafting, Tao Zhang, Daniel J. Sherwinter, Dov Greenbaum

Santa Clara High Technology Law Journal

Call for Standardization in Patent Claim Drafting


Jlsc Board Editorial 2018, Gail Clement, Nicky Agate, Sam Searle, Danny Kingsley, Micah Vandegrift 2018 Caltech Library

Jlsc Board Editorial 2018, Gail Clement, Nicky Agate, Sam Searle, Danny Kingsley, Micah Vandegrift

Copyright, Fair Use, Scholarly Communication, etc.

The current scholarly communication landscape is populated by a variety of actors and powered by an ever-increasing array of complementary and competitive systems for the production, publication, and distribution of scholarship. Recent years have also seen increasing numbers of proposals to recast these systems in ways that better align with the needs and values of the academy and its scholars. In this editorial, members of the Editorial Board of the Journal of Librarianship and Scholarly Communication consider the present environment and contemplate the future of academy-owned and -supported scholarly communication, as well as the role of libraries in that future ...


Samvera Community Annual Report 2017, 2018 University of Nebraska - Lincoln

Samvera Community Annual Report 2017

Copyright, Fair Use, Scholarly Communication, etc.

2017 will be remembered as a significant year in the development of our community. We started the year as the Hydra Project with a governance structure largely defined in the founding Memorandum of Understanding, signed in 2012, and ended it as the Samvera Community with an improved governance structure under active discussion. On the technical side, we saw two major community software gems, Sufia and Curation Concerns, come together as Hyrax, and we saw some significant outputs from a number of our Working and Interest Groups. The community itself held a number of very productive meetings, not the least of ...


Bridge Over Bridgeport: An Incremental Change In Case Law Of Sampling, Eric Harbeson 2018 University of Colorado at Boulder

Bridge Over Bridgeport: An Incremental Change In Case Law Of Sampling, Eric Harbeson

American Music Research Center Faculty Contributions

The contentious law and ethics of sampling saw a dramatic, if incremental development in the case of VMG Salsoul v. Madonna Louise Ciccone. The Ninth Circuit found that a de minimis argument can be used in sampling cases for the first time since the previously dominant Bridgeport v. Dimension Films. The case sets up a circuit split with the 6th circuit, one that could bode well for those wishing to engage in musical appropriation art.


Citrus Groves In The Cloud: Is Cryptocurrency Cloud Mining A Security?, Darren J. Sandler 2018 Santa Clara Law

Citrus Groves In The Cloud: Is Cryptocurrency Cloud Mining A Security?, Darren J. Sandler

Santa Clara High Technology Law Journal

Citrus Groves in the Cloud: Is Cryptocurrency Cloud Mining a Security?


Can A Court Change The Law By Saying Nothing?, Paul Gugliuzza, Mark A. Lemley 2018 Boston University School of Law

Can A Court Change The Law By Saying Nothing?, Paul Gugliuzza, Mark A. Lemley

Faculty Scholarship

Can an appellate court alter substantive law without writing an opinion? We attempt to answer that question by conducting a novel empirical investigation into how the Federal Circuit has implemented the Supreme Court’s 2014 ruling in Alice v. CLS Bank, the most recent in a series of Supreme Court decisions strengthening patent law’s patentable subject matter requirement. Our dataset includes each one of the Federal Circuit’s more than 100 decisions on patentable subject matter in the three years since Alice, including affirmances issued without an opinion under Federal Circuit Rule 36.

Including those no-opinion affirmances, the Federal ...


The Patent System At A Crossroads, Jonathan M. Barnett 2018 University of Southern California

The Patent System At A Crossroads, Jonathan M. Barnett

University of Southern California Legal Studies Working Paper Series

Judicial decisions, agency actions and legislative enactments have promoted a creeping reversion toward the weak patent regime that prevailed for several decades preceding the establishment of the Court of Appeals for the Federal Circuit. The pending Supreme Court case, Oil States Energy Services v. Greene’s Energy Group, provides an opportunity to reflect upon the choice between a “property rights” vision of the patent system in which resource allocation is principally directed by market signals and an administrative vision of the patent system in which resource allocation is perpetually subject to adjustment by courts and regulators. A growing body of ...


Definite Indefiniteness Of "Molecular Weight" As A Claim Term For Polymer-Related Patents, Ping-Hsun Chen 2018 Pepperdine University

Definite Indefiniteness Of "Molecular Weight" As A Claim Term For Polymer-Related Patents, Ping-Hsun Chen

The Journal of Business, Entrepreneurship & the Law

The molecular weight of a polymer is not just a number for a single molecule. In fact, molecular weight measurement is based on a large volume of molecules of the same polymer. Due to the non-uniformity of molecular weights, there are several methods to measure an “average molecular weight” of a polymer. Unfortunately, the Federal Circuit in Teva Pharms. USA, Inc. v. Sandoz, Inc., 789 F.3d 1335 (Fed. Cir. 2015), held that the term “molecular weight” in several polymer claims was indefinite, because the term could mean either peak average molecular weight, number average molecular weight, or weight average ...


Shucking A Patent: How A Simple Best Available Technology Law Can Break The Shell Of Patent Protections, Antonio G. Fraone 2018 Boston College Law School

Shucking A Patent: How A Simple Best Available Technology Law Can Break The Shell Of Patent Protections, Antonio G. Fraone

Boston College Law Review

Best available technology laws attempt to force the utilization of the most efficient and environmentally friendly technology that is economically achievable for a regulated actor to implement. Sustainability and numerous environmental benefits come from these laws. Although simple to create, the implementation of a best available technology law is difficult and the sought effects of it are unrealized due to vagueness, reliance on the regulated to change, and lack of specifics to ensure true compliance. Patent law adds to this problem due to the protections available to patent holders that grants them the power to exclude others from utilizing their ...


No Public Benefits For Public Benefit: The Eleventh Circuit's Narrow Approach To Copyright Registration, Emily B. Tate 2018 Boston College Law School

No Public Benefits For Public Benefit: The Eleventh Circuit's Narrow Approach To Copyright Registration, Emily B. Tate

Boston College Law Review

In the 2017 case Fourth Estate Public Benefit Corporation v. Wall-Street.com, the United States Court of Appeals for the Eleventh Circuit held that before a plaintiff can bring a claim for copyright infringement under the 1976 Copyright Act, the United States Copyright Office (“Copyright Office”) must officially review the work submitted for registration, and the Register of Copyrights (“the Register”) must accept or refuse to register it. This ruling echoed the United States Court of Appeals for the Tenth Circuit’s similar finding in 2005 in La Resolana Architects, PA, v. Clay Realtors. In contrast, in 2004 and 2010 ...


Ignoring Administrative Decisions Through Settlement: A Holistic Approach, Vincent Escoto 2018 Pepperdine University

Ignoring Administrative Decisions Through Settlement: A Holistic Approach, Vincent Escoto

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Drd Response To Seth P. Waxman's Article, Donald R. Dunner 2018 Chicago-Kent College of Law

Drd Response To Seth P. Waxman's Article, Donald R. Dunner

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Charting Supreme Court Patent Law, Near And Far, Joseph Scott Miller 2018 Chicago-Kent College of Law

Charting Supreme Court Patent Law, Near And Far, Joseph Scott Miller

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Ip Neutrality And Benefit Sharing For Seasonal Flu: An Argument In Favor Of Who Pip Framework Expansion, Arielle Sloan 2018 Chicago-Kent College of Law

Ip Neutrality And Benefit Sharing For Seasonal Flu: An Argument In Favor Of Who Pip Framework Expansion, Arielle Sloan

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Parallel Novels And The Reimagining Of Literary Notables By Follow-On Authors: Copyrights Issues When Characters Are First Created By Others, Scott D. Locke 2018 Chicago-Kent College of Law

Parallel Novels And The Reimagining Of Literary Notables By Follow-On Authors: Copyrights Issues When Characters Are First Created By Others, Scott D. Locke

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Remedies And Procedure: Patent Law's Continuing Frontiers, John M. Golden 2018 Chicago-Kent College of Law

Remedies And Procedure: Patent Law's Continuing Frontiers, John M. Golden

Chicago-Kent Journal of Intellectual Property

No abstract provided.


R. Prince's New Portraits - The Art Of Fair Use, Mathilde Halle 2018 Chicago-Kent College of Law

R. Prince's New Portraits - The Art Of Fair Use, Mathilde Halle

Chicago-Kent Journal of Intellectual Property

No abstract provided.


A Court Divided, Shubha Ghosh 2018 Chicago-Kent College of Law

A Court Divided, Shubha Ghosh

Chicago-Kent Journal of Intellectual Property

No abstract provided.


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