Induced Infringement As A Strict Liability Claim: Abolishment Of The Specific Intent Requirement,
2012
UC Law SF
Induced Infringement As A Strict Liability Claim: Abolishment Of The Specific Intent Requirement, Soonbok Lee
UC Law Science and Technology Journal
This Note argues that the specific intent requirement for § 271(b) should be abolished. It shows that the language of § 271(b) does not provide textual support for the specific intent requirement. Additionally, it argues that the specific intent requirement is contrary to early case law before the enactment of the 1952 Patent Act and is in conflict with many aspects of patent law including the utilitarian policies, the doctrine of equivalents and basic risk allocation. Finally, this Note demonstrates that the overlapping scope of § 271(b) and § 271(c) necessitates the specific intent requirement because Congress intended § 271(b) …
Reliable Science: Overcoming Public Doubts In The Climate Change Debate,
2012
Elisabeth Haub School of Law at Pace University
Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon
Elisabeth Haub School of Law Faculty Publications
This article will consider the case for instituting a domestic agency that would evaluate the findings from Intergovernmental Panel on Climate Change (IPCC) assessments to improve the credibility and legitimacy of those claims and conclusions for multiple purposes. The proposed agency would consider the robustness of an assessment's conclusions by construing the evidence through the lens of Daubert rather than Frye. Part I will outline the public debate about climate science-what the debate is about and why it exists. Part II will examine the current role of the IPCC-what it is and why it has not been successful in legitimating …
Limiting The Affirmative Defense In The Digital Workplace ,
2012
University of Michigan Law School
Limiting The Affirmative Defense In The Digital Workplace , Daniel B. Garrie
Michigan Journal of Gender & Law
From 2009 to 2011, there were more than 30,000 sexual harassment claims filed in the United States. The ubiquitous availability of digital technology devices has facilitated many instances of sexual harassment. Such sexual harassment occurs through unprovoked and offensive e-mails, messages posted on electronic bulletin boards, and other means available on the Internet. To date, courts remain silent on this issue. Should this type of sexual harassment be treated differently from physical sexual harassment? The surprising answer is yes. This Article suggests a new judicial framework for addressing sexual harassment perpetrated through digital communications. This framework accounts for the real-world …
Genes 101: Are Human Genes Patentable Subject Matter?,
2012
University of Richmond
Genes 101: Are Human Genes Patentable Subject Matter?, Andrew M. Bowman
Andrew M Bowman
No abstract provided.
California’S Proposition 37 And The Wto Agreements,
2012
University of Oklahoma College of Law
California’S Proposition 37 And The Wto Agreements, Drew Kershen
Drew L. Kershen
No abstract provided.
Patent Reversion: An Employee-Inventor's Second Bite At The Apple,
2012
Northern District of Texas
Patent Reversion: An Employee-Inventor's Second Bite At The Apple, Richard Kamprath
Richard Kamprath
In an attempt to more fully compensate employee-inventors without harming the return on investment of employers, a patent reversion is proposed in which the rights to the patent revert to joint ownership between the original inventor and the current owner. In Section I, the background of the relationship between employer and employee-inventor will be discussed in terms of patent rights. This section will outline the problems inherent in the pre-assignment status quo of these rights from employees to employers. Section II will begin with Part A, which is a review of previously proposed solutions to the under-compensation of employee-inventors. The …
Threats Escalate: Corporate Information Technology Governance Under Fire,
2012
Author, Educator, Entrepreneur & Professional Corporate Director
Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman
Lawrence J. Trautman Sr.
In a previous publication The Board’s Responsibility for Information Technology Governance, (with Kara Altenbaumer-Price) we examined: The IT Governance Institute’s Executive Summary and Framework for Control Objectives for Information and Related Technology 4.1 (COBIT®); reviewed the Weill and Ross Corporate and Key Asset Governance Framework; and observed “that in a survey of audit executives and board members, 58 percent believed that their corporate employees had little to no understanding of how to assess risk.” We further described the new SEC rules on risk management; Congressional action on cyber security; legal basis for director’s duties and responsibilities relative to IT governance; …
Copyright Exhaustion And The Personal Use Dilemma,
2012
Wayne State University
Copyright Exhaustion And The Personal Use Dilemma, Aaron K. Perzanowski, Jason M. Schultz
Aaron K. Perzanowski
Copyright law struggles to provide a coherent framework for analyzing personal uses. Although there is widespread agreement that at least some such uses are non-infringing, the doctrinal basis for that conclusion remains unclear. In particular, the prevailing explanations of fair use and implied license are both flawed in important respects. This Article proposes a new explanation for the favored status of certain personal uses. Drawing on the principle of copyright exhaustion - the notion that once the copyright holder parts with a particular copy of a work, its power to control the use and disposition of that copy is constrained …
Putting Theory Into Practice: Thoughts From The Trenches On Developing A Doctrinally Integrated Semester-In-Practice Program In Health Law And Policy,
2012
Southern Illinois University School of Law
Putting Theory Into Practice: Thoughts From The Trenches On Developing A Doctrinally Integrated Semester-In-Practice Program In Health Law And Policy, Michele L. Mekel
Michele L Mekel
With the employment market for attorneys currently in a subpar state, legal employers have the attention of both law students and law schools, and these employers are demanding practice-ready practitioners. In response, law schools are turning increasingly to experiential learning opportunities of various types. For law schools with concentrations, certificate programs, or centers of excellence, experiential learning presents synergies upon which to capitalize in offering students specialized, hands-on training that matches their interests and makes them more attractive employment candidates upon graduation.
High Speed Rail In America: An Evaluation Of The Regulatory, Real Property, And Environmental Obstacles A Project Will Encounter,
2012
University of California - Irvine
High Speed Rail In America: An Evaluation Of The Regulatory, Real Property, And Environmental Obstacles A Project Will Encounter, Darren A. Prum, Sarah L. Catz
Darren A. Prum
In 2009, President Barak Obama allocated $8 billion in stimulus funding for high speed rail projects across the United States. One year later, in 2010, an additional $2.5 billion was distributed to corridors with High Speed Rail Projects. Even though the most recent congressional budget eliminated high speed rail funding, many corridors are working diligently to break ground by the end of 2012. Before a high speed rail project can be fully implemented there are many legal and environmental issues and regulations to examine. This paper conducts a complete analysis of those issues and regulations and suggests how to apply …
Arctic Justice: Addressing Persistent Organic Pollutants,
2012
SelectedWorks
Arctic Justice: Addressing Persistent Organic Pollutants, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This article recommends enhanced governance of persistent organic pollutants through incentives to develop environmentally sound, climate friendly technologies as well as caution in developing the Arctic. It highlights the toxicity challenges presented by POPs to Arctic people and ecosystems.
Polar Law And Good Governance,
2012
SelectedWorks
Polar Law And Good Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
This chapter will assess the Antarctic Treaty System, ask what polar lessons can be learned regarding common pool resources, and analyze law of the sea and related measures. It will consider such substantive areas as Arctic and Antarctic natural resource management and procedural opportunities as inclusive governance structures. Enhancing good governance can occur through trust building forums that bring together stakeholders, share information, and make environmentally sound decisions regarding sustainable development.
Biobanks As A Tissue And Information Semicommons: Balancing Interests For Personalized Medicine, Tissue Donors And The Public Health,
2012
University of Maryland Francis King Carey School of Law
Biobanks As A Tissue And Information Semicommons: Balancing Interests For Personalized Medicine, Tissue Donors And The Public Health, Ken Gatter
Journal of Health Care Law and Policy
No abstract provided.
Indefinite Freeze?: The Obligations A Cryopreservation Bank Has To Abandoned Frozen Embryos In The Wake Of The Maryland Stem Cell Research Act Of 2006,
2012
University of Maryland Francis King Carey School of Law
Indefinite Freeze?: The Obligations A Cryopreservation Bank Has To Abandoned Frozen Embryos In The Wake Of The Maryland Stem Cell Research Act Of 2006, Maggie Davis
Journal of Health Care Law and Policy
No abstract provided.
Intended Parents And The Problem Of Perspective,
2012
Penn State Law
Intended Parents And The Problem Of Perspective, Dara Purvis
Journal Articles
When asked to identify the legal parents of a child, traditional family law principles look backwards in time, primarily to biology and to marriage. People using assisted reproductive technologies such as surrogacy, however, seek to manifest their intent to become parents with a forward-looking temporal perspective, before a child is conceived and born. Of the existing doctrines used to identify parentage – marital presumption, biology, functional theories, and intent – only intent facilitates a forward-looking perspective. Intent through time, however, is not treated consistently. A woman, for example, may donate an egg, and may place a baby up for adoption, …
Fostering Web 2.0 Innovation: The Role Of The Judicial Interpretation Of The Dmca Safe Harbor, Secondary Liability And Fair Use, 12 J. Marshall Rev. Intell. Prop. L. 70 (2012),
2012
UIC School of Law
Fostering Web 2.0 Innovation: The Role Of The Judicial Interpretation Of The Dmca Safe Harbor, Secondary Liability And Fair Use, 12 J. Marshall Rev. Intell. Prop. L. 70 (2012), Susanna Monseau
UIC Review of Intellectual Property Law
Web 2.0 has generated a surplus of creativity, encouraging innovation of new technologies and further creative expansion of the internet. Social media platforms have demonstrated a significant growth during this time and have been used to create and disseminate a wealth of information and cultural material. While it is important that copyright owners receive legal protection of the content they create, it is necessary not to simultaneously stifle the creativity of end-users. Copyright owners have more power in bargaining for their rights, and their rights are well established through statutory protections. However, internet innovators and end-users, who may have a …
The Ownership And Exploitation Of Personal Identity In The New Media Age, 12 J. Marshall Rev. Intell. Prop. L. 1 (2012),
2012
UIC School of Law
The Ownership And Exploitation Of Personal Identity In The New Media Age, 12 J. Marshall Rev. Intell. Prop. L. 1 (2012), Thomas Hemnes
UIC Review of Intellectual Property Law
Personally Identifiable Information (“PII”) has never been more valuable. In today’s networked world, seemingly trivial facts can be collected, molded into a marketable economic profile, and transferred in the blink of an eye. To be sure, the commodification of PII allows for provision of dramatically more efficient and effective services. Yet the potential for privacy abuses is substantial. What interest does one have in the constellation of facts that defines one’s identity? Is it something one can own, like their right of publicity? Or are others free to use what they learn about a person? This article surveys current privacy …
What Trademark Law Could Learn From Employment Law, 12 J. Marshall Rev. Intell. Prop. L. Rev. 118 (2012),
2012
UIC School of Law
What Trademark Law Could Learn From Employment Law, 12 J. Marshall Rev. Intell. Prop. L. Rev. 118 (2012), Robert A. Kearney
UIC Review of Intellectual Property Law
Trademark litigation is as unpredictable as it is expensive. The Trademark Trial and Appeal Board (“Board”) considers as many as thirteen different factors when evaluating whether a trademark causes a “likelihood of confusion.” Federal courts use many of the same factors, though which factors are chosen differ by jurisdiction, and, do not necessarily overlap with the Board. Further, a party can litigate for a time before the Board, then in federal court, and then back before the Board. And, if this were not enough, the Board’s decisions have little if any preclusive effect on the court, and, a court’s decision …
Are Royalties Reasonable In Patent Infringment Suits? Using Hindsight At The Hypothetical Negotiating Table, 12 J. Marshall Rev. Intell. Prop. L. 241 (2012),
2012
UIC School of Law
Are Royalties Reasonable In Patent Infringment Suits? Using Hindsight At The Hypothetical Negotiating Table, 12 J. Marshall Rev. Intell. Prop. L. 241 (2012), Michael J. Carrozza
UIC Review of Intellectual Property Law
Reasonable royalties have become the primary form of relief in patent infringement lawsuits. Once a patent is found valid and infringed, royalties are calculated based on a hypothetical license negotiation between the patent owner and infringer said to take place at the moment infringement began. The calculations seek to arrive at a royalty amount the parties would have agreed upon had an actual license been negotiated. But there is disagreement among courts as to what information should inform the royalty amount. Some take the hypothetical negotiation literally and disallow post-infringement information from entering the calculations because such information would have …
Patent Claim Construction As A Form Of Legal Interpretation, 12 J. Marshall Rev. Intell. Prop. L. 40 (2012),
2012
UIC School of Law
Patent Claim Construction As A Form Of Legal Interpretation, 12 J. Marshall Rev. Intell. Prop. L. 40 (2012), Christian E. Mammen
UIC Review of Intellectual Property Law
Since the U.S. Supreme Court’s landmark decision, Markman v. Westview Instruments, Inc., courts have employed a textualist approach when construing patent claims. Claim construction has been held to be purely a matter of law, which leaves no room for deference when the construction is reconsidered on appellate review. But as argued in this article, patent claims are a unique type of legal text, and cannot simply be analogized to statutes or contracts, which courts and scholars occasionally attempt to do. Taking lessons from the general legal theory of interpretation, the textualist approach should only be a starting point for the …
