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Articles 1 - 11 of 11
Full-Text Articles in Law
Precedential Decisions At The Ptab: An Endangered Species?, Robert M. Yeh Ph.D
Precedential Decisions At The Ptab: An Endangered Species?, Robert M. Yeh Ph.D
Chicago-Kent Journal of Intellectual Property
This Article describes the USPTO’s practice of designating certain opinions as precedential, informative, or representative and compares it to the practice of issuing precedential opinions at other agencies that conduct quasi-judicial proceedings. The Article explores the impact of these agency practices on stare decisis. It concludes that the USPTO should simplify its designation process, increase the number of precedential opinions, and by doing so improve consistency and predictability.
Ptab Precedential Decision: Putting The Hammer Down On Filing Serial Petitions?, Ashley N. Klein, Warren J. Thomas
Ptab Precedential Decision: Putting The Hammer Down On Filing Serial Petitions?, Ashley N. Klein, Warren J. Thomas
Chicago-Kent Journal of Intellectual Property
Petitioners for inter partes review proceedings under the America Invents Act routinely file serial petitions to challenge a single patent. Patent owners have criticized such “follow-on” petitions as abusive. The Patent Trial and Appeal Board’s recent precedential opinion in General Plastic Industrial Co. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (P.T.A.B. Sept. 6, 2017), lays out seven non-exhaustive factors to guide the Board’s consideration of such “follow-on” petitions. This Article summarizes the Board’s analysis of follow-on petitions prior to General Plastic, examines how General Plastic has affected petitioners’ success in having such petitions instituted, and suggests strategies for practitioners …
Are There Really Two Sides Of The Claim Construction Coin? The Application Of The Broadest Reasonable Interpretation At The Ptab, Paula Miller, Marianne Terrot, Stacy Lewis, Tom Irving
Are There Really Two Sides Of The Claim Construction Coin? The Application Of The Broadest Reasonable Interpretation At The Ptab, Paula Miller, Marianne Terrot, Stacy Lewis, Tom Irving
Chicago-Kent Journal of Intellectual Property
The USPTO has applied the broadest reasonable interpretation (BRI) claim construction standard during prosecution, reexamination, and other office proceedings for decades. The Supreme Court affirmed in Cuozzo Speed Technologies Inc. that BRI is also the appropriate standard for unexpired claims in post-grant proceedings at the Patent Trial and Appeal Board (PTAB). Leading up to Cuozzo, many parties speculated that the PTAB’s application of BRI might create confusion and result in inconsistent outcomes at the district court level. Notably, nothing in the America Invents Act establishes a standard of deference between PTAB and district court decisions. But so far, there has …
To Stay Or Not To Stay Pending Ipr? That Should Be A Simpler Question, Joel Sayres, Julie Wahlstrand
To Stay Or Not To Stay Pending Ipr? That Should Be A Simpler Question, Joel Sayres, Julie Wahlstrand
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Without Clear Rules, Ptab Practices May Run Afoul Of The Apa, Arpita Bhattacharyya, Rachel L. Emsley
Without Clear Rules, Ptab Practices May Run Afoul Of The Apa, Arpita Bhattacharyya, Rachel L. Emsley
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Master Of The Petition: Exploring The Tension Between The Ptab And Petitioners In Controlling The Scope Of Aia Trials, Raja N. Saliba, Grant Shackelford
Master Of The Petition: Exploring The Tension Between The Ptab And Petitioners In Controlling The Scope Of Aia Trials, Raja N. Saliba, Grant Shackelford
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Promise And Perils Of Algorithmic Lenders’ Use Of Big Data, Matthew Adam Bruckner
The Promise And Perils Of Algorithmic Lenders’ Use Of Big Data, Matthew Adam Bruckner
Chicago-Kent Law Review
Tens of millions of Americans lack access to traditional forms of credit and must rely on payday and pawn loans instead. “Algorithmic lending 2.0” promises to enable fintech companies to lend to those excluded from traditional forms of credit. Version 2.0 algorithmic lenders claim to use Big Data and machine learning to increase credit access by making better predictions about prospective borrowers’ creditworthiness and decreasing the cost of credit. Supporters also claim that algorithmic lending 2.0 removes human bias from the financial services sector. Detractors have cast doubt on both claims, arguing that there is scant evidence that algorithmic lending …
The Rise Of Automated Investment Advice: Can Robo-Advisors Rescue The Retail Market?, Benjamin P. Edwards
The Rise Of Automated Investment Advice: Can Robo-Advisors Rescue The Retail Market?, Benjamin P. Edwards
Chicago-Kent Law Review
Different types of financial advisers serve the massive and widely dispersed retail investment market. In a market riddled with conflicts of interests, many advisers exploit retail customers by pitching suboptimal products, leading to lower investment returns and lower overall growth—but also to greater profits for the financial advisers collecting kickback-style commissions. New financial technology firms, commonly known as Robo-Advisers, may disrupt this market and these exploitative practices. Still, these potentially disruptive automated investment advice firms face significant regulatory risks.
Regtech, Compliance And Technology Judgement Rule, Nizan Geslevich Packin
Regtech, Compliance And Technology Judgement Rule, Nizan Geslevich Packin
Chicago-Kent Law Review
This Article focuses on the rise of Financial Technology, which revolutionized consumer financial service products, and challenged policymakers with regulating the rapidly evolving financial industry. In particular, it explores Regulatory Technology, also known as RegTech, which is the finance industry’s use of technology, especially information technology, in the context of regulatory monitoring, reporting and compliance. RegTech is designed to solve industry needs for a more effective and efficient way to automate corporate governance and compliance processes. Not only has FinTech proven to be a vital revenue source, especially in connection with lending or money transmission services, but it also helps …
Fintech's Double Edges, Christopher G. Bradley
Fintech's Double Edges, Christopher G. Bradley
Chicago-Kent Law Review
This symposium essay examines the double-edged nature of financial technologies in financial transactions, especially transactions involving consumers. There are both benefits and risks—often undiscovered or hidden at first—in each new round of financial technologies. A FinTech tool may benefit consumers and then, applied later or in a different context, threaten consumer interests; a tool that harms consumer interests may then lead to development of a tool that favors them. This double-edged nature is an important but unappreciated structural feature of financial technologies. From the perspective of consumer protection, then, FinTech can neither be fully embraced as friend nor restricted as …
Computer As Confidant: Digital Investment Advice And The Fiduciary Standard, Nicole G. Iannarone
Computer As Confidant: Digital Investment Advice And The Fiduciary Standard, Nicole G. Iannarone
Chicago-Kent Law Review
Digital investment advisers are the fastest growing segment of financial technology (fintech) and are disrupting traditional investment advisory delivery models. The computer-led investment advisory service model may be growing particularly quickly due to a confluence of social and political factors. Politicians and regulators have increasingly focused on the standards of care applicable to investment advice providers. Fewer Americans are ready for retirement and many lack access to affordable investment advice. At the same time, comfort with digital platforms have increased, with some preferring electronic interaction over human interaction. Claiming that they can democratize retirement service by pro- viding advice meeting …