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Intellectual Property Law

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Santa Clara Law

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2013

Articles 1 - 4 of 4

Full-Text Articles in Law

Capitol Records V. Redigi, United States District Court For The Southern District Of New York Mar 2013

Capitol Records V. Redigi, United States District Court For The Southern District Of New York

Historical and Topical Legal Documents

No abstract provided.


Does The Us Patent System Need A Patent Small Claims Proceeding?, Colleen Chien, Michael J. Guo Mar 2013

Does The Us Patent System Need A Patent Small Claims Proceeding?, Colleen Chien, Michael J. Guo

Faculty Publications

Patent litigation is expensive. The primary motivation for the creation of a patent small claims proceeding is to make enforcement more affordable. However, in the twenty or so years since the American Intellectual Property Law Association (AIPLA) first endorsed the idea of a small claims patent court through Resolution 401‐4, the patent litigation landscape has drastically changed. Although patent litigation costs are still high, the equities have shifted. The marketplace for patents has developed, providing more options than previously existed to monetize and assert patents. However, the cost of patent defense has not gone down, and small companies cannot afford …


Software Patents & Functional Claiming, Colleen Chien, Aashish Karkhanis Feb 2013

Software Patents & Functional Claiming, Colleen Chien, Aashish Karkhanis

Faculty Publications

On Feb 12, 2013, the PTO held a roundtable about software patents at Stanford. Software patents have received a lot of attention and we don't believe it is undue: software patents are behind a disproportionate share of patent litigations -- more specifically, over half (55%) of all patent defendants and 82% of PAE ("patent troll") defendants are there because of a software patent, applying the Graham-Vishnubhakat definition to data provided by RPX Corporation. In this presentation, we more rigorously apply 35 USC 112(f) in accordance with the proposal Mark Lemley outlines in his WIRED oped "Let's Go Back to Claiming …


Masck V. Sports Illustrated, United States District Court For The Eastern District Of Michigan Jan 2013

Masck V. Sports Illustrated, United States District Court For The Eastern District Of Michigan

Historical and Topical Legal Documents

No abstract provided.