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Intellectual Property Law

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Chicago-Kent Journal of Intellectual Property

2018

Patents

Articles 1 - 17 of 17

Full-Text Articles in Law

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 …


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.


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.


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.


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.


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.


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.


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.