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Articles 1 - 30 of 200
Full-Text Articles in Law
Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker
Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker
Duke Law & Technology Review
The AIDS pandemic has thrust the subject of patent protection into the spotlight, a spotlight that has attracted the attention of broad audience including interested parties from the political, legal, and medical communities. Can the United States' scheme of strong patent protection for pharmaceutical products withstand the increased attention?
Introduction To Keynote Address, John D. Feerick
Introduction To Keynote Address, John D. Feerick
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett
Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Welcome 2001 Symposium – Fair Use, Public Domain Or Piracy… Should The Digital Exchange Of Copyrighted Works Be Permitted Or Prevented?, Christopher Pennisi
Welcome 2001 Symposium – Fair Use, Public Domain Or Piracy… Should The Digital Exchange Of Copyrighted Works Be Permitted Or Prevented?, Christopher Pennisi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk
The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk
William & Mary Law Review
No abstract provided.
Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims
Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Application Of The Essential Facilities Doctrine To Intellectual Property Licensing In The European Union And The United States: Are Intellectual Property Rights Still Sacrosanct?, Sergio Baches Opi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt
Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Keynote Address Digital Technology And Digital Piracy Issues, Jesse Feder
Keynote Address Digital Technology And Digital Piracy Issues, Jesse Feder
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner
Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner
Michigan Law Review
During patent infringement litigation, the Federal Rules of Civil Procedure ("FRCP") and the federal district court's local rules govern the parties' pretrial discovery and motion practice. The U.S. District Court for the Northern District of California has adopted the most comprehensive local rules to date covering pretrial procedures in the patent litigation context. The Northern District of California Patent Local Rules ("Local Rules") may come to have a significant impact throughout the federal courts, as it appears that other jurisdictions and commentators are looking to the Local Rules for guidance. For instance, the American Bar Association Section of Intellectual Property …
Cybernetic Implications For The U.C.C., Stephen Dirksen, Kyle Grimshaw
Cybernetic Implications For The U.C.C., Stephen Dirksen, Kyle Grimshaw
Duke Law & Technology Review
In the following iBrief, the authors assess the impact of recent a recent decision from the 9th Circuit assessing whether the patent system's filing mechanism preempts the U.C.C. Article 9 requirement that creditors perfect their security interests in patents offered as collateral by their debtors.
Musicnet & Pressplay: To Trust Or Antitrust?, Kelly Donohue
Musicnet & Pressplay: To Trust Or Antitrust?, Kelly Donohue
Duke Law & Technology Review
Efforts by leading record labels to fill the void they created by shutting down Napster led several to develop their own subscription online music service. The author of the following iBrief assesses the viability of those services in light of a Justice Department antitrust investigation into the practices of the labels in allegedly quashing smaller distributors and colluding to stifle competition, and considers the ramifications of an antitrust suit for both the major labels and their competitors.
Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande
Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande
All Faculty Scholarship
On June 28, 2001, the D.C. Court of Appeals held that Microsoft has violated the antitrust laws repeatedly, relentlessly, and over a multi-year period. The court ruled eight separate times that Microsoft engaged in conduct that illegally maintained its monopoly in PC operating systems. Despite these strongly worded conclusions concerning Microsoft’s liability, the court was extremely cautious when it considered whether to break up the company. It held that divestiture was a “radical” remedy that should be imposed with “great caution.”
A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw
A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw
Duke Law & Technology Review
For years, graduate and other student researchers at universities have alleged that the hierarchical system in academic research allows supervising PhDs to steal and patent inventions that were rightfully discovered by students. In July 2001, the Federal Circuit finally addressed these concerns by interpreting the law in a way that strictly protects the rights of student researchers. This article examines this long-overdue change in the law and discusses its potential implications.
Digital Information, Licensing, And The Threat To Fair Use, James S. Heller
Digital Information, Licensing, And The Threat To Fair Use, James S. Heller
Library Staff Publications
No abstract provided.
Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law
Continuing Legal Education Materials
Materials from the conference on Trade Secrets, Non-Competes, and Unfair Competition held by UK/CLE in October 2001.
Fuel For Thought: Clean Gasoline And Dirty Patents, Scott H. Segal
Fuel For Thought: Clean Gasoline And Dirty Patents, Scott H. Segal
American University Law Review
No abstract provided.
The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld
The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld
All Faculty Scholarship
As readers of crime novels know, there are many definitions of the perfect caper. Under most, the perpetrator gets to keep its ill-gotten gains and goes unpunished. Even if the perpetrator is arrested and brought to trial, he or she still typically escapes punishment completely due to a variety of unusual circumstances. This is essentially what Professors John E. Lopatka and William H. Page are arguing about Microsoft's actions. They assert that even though Microsoft has violated the antitrust laws, it will not be made to pay for its anticompetitive conduct, at least not by private plaintiffs.
Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji
Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji
Indiana Journal of Global Legal Studies
No abstract provided.
Enlightening Identity And Copyright, Shubha Ghosh
Enlightening Identity And Copyright, Shubha Ghosh
Buffalo Law Review
No abstract provided.
Patenting Resources: Biotechnology And The Concept Of Sustainable Development, Yvonne Cripps
Patenting Resources: Biotechnology And The Concept Of Sustainable Development, Yvonne Cripps
Indiana Journal of Global Legal Studies
No abstract provided.
Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis
Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis
Indiana Journal of Global Legal Studies
No abstract provided.
Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein
Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein
Indiana Law Journal
Addison C. Harris Lecture, November 9,2000.
Festo'S Effect On After-Arising Technology And The Doctrine Of Equivalents, Anthony H. Azure
Festo'S Effect On After-Arising Technology And The Doctrine Of Equivalents, Anthony H. Azure
Washington Law Review
In Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., the Federal Circuit adopted a strict approach to prosecution history estoppel and thereby limited the availability of the doctrine of equivalents to patentees suing for infringement by after-arising technology. The court held that when a narrowing claim amendment creates prosecution history estoppel, the amended claim element maintains no range of equivalents and therefore the patentee is completely barred from applying the doctrine of equivalents. The court rejected the flexible approach, which allows a scope of equivalents even after a narrowing claim amendment. This Note argues that the Supreme Court should …
A Proactive Solution To The Inherent Dangers Of Biotechnology: Using The Invention Secrecy Act To Restrict Disclosure Of Threatening Biotechnology Patents, James W. Parrett Jr.
A Proactive Solution To The Inherent Dangers Of Biotechnology: Using The Invention Secrecy Act To Restrict Disclosure Of Threatening Biotechnology Patents, James W. Parrett Jr.
William & Mary Environmental Law and Policy Review
No abstract provided.
Not A Spike Lee Joint? Issues In The Authorship Of Motion Pictures Under U.S. Copyright Law, Jay Dougherty
Not A Spike Lee Joint? Issues In The Authorship Of Motion Pictures Under U.S. Copyright Law, Jay Dougherty
Jay Dougherty
Motion pictures are highly collaborative works. This article reviews fundamental concepts of authorship and joint authorship under copyright law, discusses the numerous creative contributions made to a motion picture, and analyzes what exactly should be protectable authorship in the motion picture context, including with respect to actors' performances. It also briefly considers international law of film authorship, and recommends a legal approach to problems of authorship in motion pictures.
Examining Global Access To Essential Pharmaceuticals In The Face Of Patent Protection Rights: The South African Example, Bess-Carolina Dolmo
Examining Global Access To Essential Pharmaceuticals In The Face Of Patent Protection Rights: The South African Example, Bess-Carolina Dolmo
Buffalo Human Rights Law Review
No abstract provided.
Digital Music Distribution Via The Internet: Is It A Plantinum Idea Or A One Hit Wonder, L. Kevin Levine
Digital Music Distribution Via The Internet: Is It A Plantinum Idea Or A One Hit Wonder, L. Kevin Levine
West Virginia Law Review
No abstract provided.
Could Fair Use Equal Breach Of Contract?: An Analysis Of Informational Web Site User Agreements And Their Restrictive Copyright Provisions, Matthew D. Walden
Could Fair Use Equal Breach Of Contract?: An Analysis Of Informational Web Site User Agreements And Their Restrictive Copyright Provisions, Matthew D. Walden
Washington and Lee Law Review
No abstract provided.
Protecting Against International Infringements In The Digital Age Using United States Copyright Law: A Critical Analysis Of The Current State Of The Law, Brandon Dalling
Protecting Against International Infringements In The Digital Age Using United States Copyright Law: A Critical Analysis Of The Current State Of The Law, Brandon Dalling
BYU Law Review
No abstract provided.