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Articles 1 - 30 of 31
Full-Text Articles in Law
Uncertainty About Real Parties In Interest And Privity In Aia Trials, Evan Day, Kevin Patariu, Bing Ai
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
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.
Savvy Shaw-Ping: A Strategic Approach To Aia Estoppel, Steven J. Schwarz, Tamatane J. Aga, Kristin M. Adams, Katherine C. Dearing
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
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.
Yes, The Ptab Is Unconstitutional, Gregory Dolin, Md
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
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
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
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
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
#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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.