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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 ...


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.


Are Internet-Implemented Applications Of Block-Chain Technology Patent-Eligible In The United States?, Gurneet Singh 2018 Chicago-Kent College of Law

Are Internet-Implemented Applications Of Block-Chain Technology Patent-Eligible In The United States?, Gurneet Singh

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Intellectual Property And Public Health: A White Paper, Katharine A. Van Tassel 2018 Concordia University School of Law, Boise

Intellectual Property And Public Health: A White Paper, Katharine A. Van Tassel

Katharine Van Tassel

On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions. Led by the moderator, participants at the Forum focused generally on three ...


The Substantial Identity Requirement Of Patent Infringement, Samuel F. Ernst 2018 Golden Gate University - San Francisco

The Substantial Identity Requirement Of Patent Infringement, Samuel F. Ernst

Publications

No abstract provided.


Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer 2018 Duke Law

Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer

Duke Law & Technology Review

The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership ...


The Central Claiming Renaissance, Andres Sawicki 2018 University of Miami School of Law

The Central Claiming Renaissance, Andres Sawicki

Cornell Law Review

The Supreme Court has recently reinvigorated the law of patentable subject matter. But beneath the headlines proclaiming the return of limits to patent eligibility, a more profound shift has taken place: central claiming is reborn.

The Court's eligibility cases are significant outliers compared to today's run-of-the-mill patent law because claim language plays little role in their analyses. In our modern peripheral claiming system, the claim language is the nearexclusive guide to the patent's boundaries. But in its earliest days, our patent system pursued a central claiming approach, in which the inventor's actual work determined the patent ...


Anti-Innovation Norms, Stephanie Plamondon Bair, Laura G. Pedraza-Fariña 2018 Northwestern Pritzker School of Law

Anti-Innovation Norms, Stephanie Plamondon Bair, Laura G. Pedraza-Fariña

Northwestern University Law Review

Intellectual property (IP) scholars have recently turned their attention to social norms—informal rules that emerge from and are enforced by nonhierarchically organized social forces—as a promising way to spur innovation in communities as diverse as the fashion industry and the open-source software movement. The narrative that has emerged celebrates social norms’ ability to solve IP’s free-rider problem without incurring IP’s costs.

But this account does not fully consider the dark side of social norms. In fact, certain social norms, when overenforced, can create substantial barriers to the most socially beneficial creative pursuits. Because IP scholars have ...


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