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Full-Text Articles in Law

Uncertainty About Real Parties In Interest And Privity In Aia Trials, Evan Day, Kevin Patariu, Bing Ai Apr 2018

Uncertainty About Real Parties In Interest And Privity In Aia Trials, Evan Day, Kevin Patariu, Bing Ai

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Precedential Decisions At The Ptab: An Endangered Species?, Robert M. Yeh Ph.D Apr 2018

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 Apr 2018

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 Apr 2018

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 Apr 2018

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.


Savvy Shaw-Ping: A Strategic Approach To Aia Estoppel, Steven J. Schwarz, Tamatane J. Aga, Kristin M. Adams, Katherine C. Dearing Apr 2018

Savvy Shaw-Ping: A Strategic Approach To Aia Estoppel, Steven J. Schwarz, Tamatane J. Aga, Kristin M. Adams, Katherine C. Dearing

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 Apr 2018

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 Apr 2018

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.


Yes, The Ptab Is Unconstitutional, Gregory Dolin, Md Mar 2018

Yes, The Ptab Is Unconstitutional, Gregory Dolin, Md

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Fair Or Free Use Of Copyrighted Materials In Education And Research And The Limit Of Such Use, Muhammad Masum Billah, Saleh Albarashdi Mar 2018

Fair Or Free Use Of Copyrighted Materials In Education And Research And The Limit Of Such Use, Muhammad Masum Billah, Saleh Albarashdi

Chicago-Kent Journal of Intellectual Property

The concept of fair use, fair dealing, or free use of copyrighted works for education and research is incorporated in copyright laws around the world. This is to strike a balance between the private interests of copyright holders and the public interests of students and researchers to use the copyrighted materials in furthering their knowledge. While fair and free use of copyrighted materials for the purpose of study and research is favored and permitted under copyright laws almost everywhere in the world, the limit of such use is not clearly defined in these laws. This Article will attempt to determine …


The Problem With Ptab's Power Over Section 101, Kristen Osenga Mar 2018

The Problem With Ptab's Power Over Section 101, Kristen Osenga

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Post-Grant Life: Coordinating & Strategizing Challenges Of Issued Patents In Multiple Continents, Karen E. Sandrik Mar 2018

The Post-Grant Life: Coordinating & Strategizing Challenges Of Issued Patents In Multiple Continents, Karen E. Sandrik

Chicago-Kent Journal of Intellectual Property

With the enactment of the Leahy-Smith American Invents Act (AIA), U.S. patent law gained a new post-grant opposition system and the Patent Trial and Appeal Board (PTAB). While the U.S. post-grant opposition system has some similarities to the post-grant systems, such as that in the European Union, Japan, South Korea, Canada, and Australia, there are also notable differences. Navigating one’s own post-grant system can be challenging, but doing so in multiple patent offices around the world is daunting. Differences in these proceedings not only present the potential for parties to make costly errors, but also to engage in strategic behavior. …


I Fought The Shaw: A Game Theory Framework And Approach To The District Courts' Struggle With Ipr Estoppel, Andrew V. Moshirnia Mar 2018

I Fought The Shaw: A Game Theory Framework And Approach To The District Courts' Struggle With Ipr Estoppel, Andrew V. Moshirnia

Chicago-Kent Journal of Intellectual Property

No abstract provided.


#Squadgoals: A Response To Seth Waxman, Amelia Smith Rinehart Mar 2018

#Squadgoals: A Response To Seth Waxman, Amelia Smith Rinehart

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Parallel Novels And The Reimagining Of Literary Notables By Follow-On Authors: Copyrights Issues When Characters Are First Created By Others, Scott D. Locke Mar 2018

Parallel Novels And The Reimagining Of Literary Notables By Follow-On Authors: Copyrights Issues When Characters Are First Created By Others, Scott D. Locke

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Ip Neutrality And Benefit Sharing For Seasonal Flu: An Argument In Favor Of Who Pip Framework Expansion, Arielle Sloan Mar 2018

Ip Neutrality And Benefit Sharing For Seasonal Flu: An Argument In Favor Of Who Pip Framework Expansion, Arielle Sloan

Chicago-Kent Journal of Intellectual Property

Currently, countries that share samples of influenza viruses with a global WHO network called GISRS can participate in IP and benefitsharing agreements over their samples only if those samples are considered potential pandemic triggers. Some key players in public health want to change that by extending those protections to seasonal flu viruses. Others argue that doing so will be problematic, by, for example, creating too much red tape for vaccine research and development or by destroying the progress that has already been made in creating GISRS. In this battle between WHO stakeholders, expanding the scope of IP and benefits agreements …


A Court Divided, Shubha Ghosh Mar 2018

A Court Divided, Shubha Ghosh

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Are Internet-Implemented Applications Of Block-Chain Technology Patent-Eligible In The United States?, Gurneet Singh Mar 2018

Are Internet-Implemented Applications Of Block-Chain Technology Patent-Eligible In The United States?, Gurneet Singh

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Drd Response To Seth P. Waxman's Article, Donald R. Dunner Mar 2018

Drd Response To Seth P. Waxman's Article, Donald R. Dunner

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Charting Supreme Court Patent Law, Near And Far, Joseph Scott Miller Mar 2018

Charting Supreme Court Patent Law, Near And Far, Joseph Scott Miller

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Remedies And Procedure: Patent Law's Continuing Frontiers, John M. Golden Mar 2018

Remedies And Procedure: Patent Law's Continuing Frontiers, John M. Golden

Chicago-Kent Journal of Intellectual Property

No abstract provided.


R. Prince's New Portraits - The Art Of Fair Use, Mathilde Halle Mar 2018

R. Prince's New Portraits - The Art Of Fair Use, Mathilde Halle

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Diluted Reality: The Intersection Of Augmented Reality And Trademark Dilution, Ariane Takano Jan 2018

Diluted Reality: The Intersection Of Augmented Reality And Trademark Dilution, Ariane Takano

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Complex Innovation And The Patent Office, Ryan Whalen Jan 2018

Complex Innovation And The Patent Office, Ryan Whalen

Chicago-Kent Journal of Intellectual Property

As the universe of available information becomes larger and innovation becomes more complex, the task of examining patent applications becomes increasingly difficult. This Article argues that the United States Patent Office has insufficiently responded to changes in the information universe and to innovation norms. This leaves the Patent Office less able to adequately assess patent applications, and more likely to grant bad patents. After first demonstrating how innovation has been responsive to contemporary innovation norms for hundreds of years, this Article uses information and data science methods to empirically demonstrate how innovation has drastically changed in recent decades. After empirically …


Innovators Beat The Climate Change Heat With Humanitarian Licensing And Patent Pools, Andrea Nocito Jan 2018

Innovators Beat The Climate Change Heat With Humanitarian Licensing And Patent Pools, Andrea Nocito

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Chasing Echos Of Obscenity Exceptionalism In Copyright: Recent Swarm Cases, James R. Alexander Jan 2018

Chasing Echos Of Obscenity Exceptionalism In Copyright: Recent Swarm Cases, James R. Alexander

Chicago-Kent Journal of Intellectual Property

Recent district court rulings regarding copyright violations using BitTorrent file-sharing protocols to illegally download pornographic films have been numerous and largely procedural. But some have casually included language challenging the established doctrine of content neutrality in copyright, noting that obscenity exceptionalism might still be within the court’s policy discretion. This article traces these recent rulings and finds little substantive argument on behalf of exceptionalism other than its long-time understanding under common law, now abandoned. It also examines the critical early nineteenth century common law rulings considered seminal in establishing content exceptionalism in copyright and finds that current court references to …


European Parliament Resolution Of 9 July 2015 And Its Progeny: Why The Digital Age Demands A Single European Copyright Title, Kevin J. Cammiso Jan 2018

European Parliament Resolution Of 9 July 2015 And Its Progeny: Why The Digital Age Demands A Single European Copyright Title, Kevin J. Cammiso

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Permission Impossible: An Exception-Based Legislative Solution For Digitizing Copyright-Protected Works, Connor J. Hansen Jan 2018

Permission Impossible: An Exception-Based Legislative Solution For Digitizing Copyright-Protected Works, Connor J. Hansen

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Patent Exhaustion Connects Common Law To Equity: Impression Products, Inc. V. Lexmark International, Inc., Kumiko Kitaoka Jan 2018

Patent Exhaustion Connects Common Law To Equity: Impression Products, Inc. V. Lexmark International, Inc., Kumiko Kitaoka

Chicago-Kent Journal of Intellectual Property

No abstract provided.


The Road To Marshall: Of Venue, Trolls, And The Eastern District Of Texas, Jesus Efren Cano Jan 2018

The Road To Marshall: Of Venue, Trolls, And The Eastern District Of Texas, Jesus Efren Cano

Chicago-Kent Journal of Intellectual Property

No abstract provided.