Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- AIA (1)
- Amazon (1)
- America Invents Act (1)
- Antitrust (1)
- Competition (1)
-
- Copyright infringement (1)
- Facebook (1)
- Fair use defense (1)
- Follow-on works (1)
- Google (1)
- Google LLC v. Oracle America Inc. (1)
- Infringement (1)
- Intellectual property (1)
- Intellectual property law & policy (1)
- Licensing (1)
- Marketability (1)
- Micro-entity status (1)
- Monopoly (1)
- Natural monopoly (1)
- Patent filing priority (1)
- Patent law (1)
- Platforms (1)
- Prior art (1)
- Prior commercial use defense (1)
- Remedies (1)
- SCOTUS (1)
- Supreme Court of the United States (1)
- Two-sided markets (1)
- University patent enforcement (1)
Articles 1 - 3 of 3
Full-Text Articles in Business
Antitrust And Platform Monopoly, Herbert J. Hovenkamp
Antitrust And Platform Monopoly, Herbert J. Hovenkamp
All Faculty Scholarship
Are large digital platforms that deal directly with consumers “winner take all,” or natural monopoly, firms? That question is surprisingly complex and does not produce the same answer for every platform. The closer one looks at digital platforms the less they seem to be winner-take-all. As a result, competition can be made to work in most of them. Further, antitrust enforcement, with its accommodation of firm variety, is generally superior to any form of statutory regulation that generalizes over large numbers.
Assuming that an antitrust violation is found, what should be the remedy? Breaking up large firms subject to extensive …
Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl
Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl
All Faculty Scholarship
University technology transfer offices (TTOs) are the gatekeepers to groundbreaking innovations sparked in research laboratories around the U.S. With a business model reliant on patenting and licensing out for commercialization, TTOs were positioned for upheaval when the America Invents Act (AIA) transformed U.S. patent law in 2011. Now almost ten years later, this article examines the AIA’s actual effects on this patent-centric industry. It focuses on the five key areas of most interest to TTOs: i) first to file priority; ii) broadening of the universe of prior art; iii) carve-out to the prior commercial use defense; iv) micro-entity fees; and …
Propertizing Fair Use, Abraham Bell, Gideon Parchomovsky
Propertizing Fair Use, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
In its current form, fair use doctrine provides a personal defense that applies narrowly to the specific use by the specific user. The landmark case of Google v. Oracle, currently pending before the Supreme Court, illustrates why this is problematic. Even if the Court were to rule that Google’s use of Oracle’s Java API’s was fair, the ruling would not protect the numerous parties that developed Java applications for the Android operating system; it would only shelter Google and Google’s particular use. This is not an isolated problem; the per use/per user rule cuts across fair uses of copyrighted …