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Articles 1 - 14 of 14

Full-Text Articles in Law

Nontechnical Disclosure, Jonas Anderson Nov 2016

Nontechnical Disclosure, Jonas Anderson

Articles in Law Reviews & Other Academic Journals

One of the primary goals of the patent system is the broad dissemination of technical knowledge. But, as this Article argues, there is also an underappreciated amount of nontechnical knowledge contained in a patent, information that may in certain cases be more valuable to readers than the technical disclosure contained in a patent. This Article looks at various types of nontechnical disclosure to argue that appreciating the nontechnical aspects of patent disclosure can increase our understanding of what information patents are disseminating to the general public.


Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner Lee V. Tam, No. 15-1293 (Filed Nov. 16, 2016), Christine Farley, Rebecca Tushnet Nov 2016

Supreme Court Amicus Brief Of Law Professors In Support Of Petitioner Lee V. Tam, No. 15-1293 (Filed Nov. 16, 2016), Christine Farley, Rebecca Tushnet

Articles in Law Reviews & Other Academic Journals

The Federal Circuit’s ruling that the § 2(a) disparagement provision is unconstitutional, if upheld, could allow for numerous provisions of the Trademark Act to be overturned, dismantling the modern trademark system. The trademark system is premised on evaluating speech and making content-based determinations. Granting a trademark registration requires content-based determinations, though not viewpoint-based, as words are evaluated independent of applicants’ individual viewpoints.In no way does the refusal to register a trademark prevent its use or diminish public debate. Rather than facilitating public debate, a trademark registration is a government-issued document that makes it easier for its owner to suppress the …


Intellectual Property And Related Rights In Climate Data, Michael Carroll Apr 2016

Intellectual Property And Related Rights In Climate Data, Michael Carroll

Articles in Law Reviews & Other Academic Journals

This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …


2015 Patent Decisions Of The Federal Circuit, Craig E. Countryman Jan 2016

2015 Patent Decisions Of The Federal Circuit, Craig E. Countryman

American University Law Review

No abstract provided.


2015 Trademark Law Decisions Of The Federal Circuit, Linda K. Mcleod, Lindsay B. Allen Jan 2016

2015 Trademark Law Decisions Of The Federal Circuit, Linda K. Mcleod, Lindsay B. Allen

American University Law Review

No abstract provided.


A Threat To Or Protection Of Agency Relationships? The Impact Of The Computer Fraud And Abuse Act On Businesses, Jessica Milanowski Jan 2016

A Threat To Or Protection Of Agency Relationships? The Impact Of The Computer Fraud And Abuse Act On Businesses, Jessica Milanowski

American University Business Law Review

No abstract provided.


The Innovator's Dilemma, Max S. Oppenheimer Jan 2016

The Innovator's Dilemma, Max S. Oppenheimer

American University Business Law Review

No abstract provided.


Intellectual Property And Related Rights In Climate Data, Michael W. Carroll Jan 2016

Intellectual Property And Related Rights In Climate Data, Michael W. Carroll

Contributions to Books

This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …


Safeguards For Defendant Rights And Interests In International Intellectual Property Enforcement Treaties, Kimberlee Weatherall Jan 2016

Safeguards For Defendant Rights And Interests In International Intellectual Property Enforcement Treaties, Kimberlee Weatherall

American University International Law Review

No abstract provided.


Trips-Plus, Public Health And Performance-Based Rewards Schemes Options And Supplements For Policy Formation In Developing And Least Developed Countries, Mohammed K. El-Said Jan 2016

Trips-Plus, Public Health And Performance-Based Rewards Schemes Options And Supplements For Policy Formation In Developing And Least Developed Countries, Mohammed K. El-Said

American University International Law Review

No abstract provided.


Copyright Divisibility And The Anticommons, Jyh-An Lee Jan 2016

Copyright Divisibility And The Anticommons, Jyh-An Lee

American University International Law Review

No abstract provided.


The Role Of Human Rights In Copyright Enforcement Online: Elaborating A Legal Framework For Website Blocking, Christophe Geiger, Elena Izyumenko Jan 2016

The Role Of Human Rights In Copyright Enforcement Online: Elaborating A Legal Framework For Website Blocking, Christophe Geiger, Elena Izyumenko

American University International Law Review

No abstract provided.


Nfc Technology Llc V. Htc America, Inc.: Judge Bryson's Sitting-By-Designation Guide To Securing Stays In Light Of Inter Partes Reviews, Jonathan Stroud Jan 2016

Nfc Technology Llc V. Htc America, Inc.: Judge Bryson's Sitting-By-Designation Guide To Securing Stays In Light Of Inter Partes Reviews, Jonathan Stroud

American University Law Review

No abstract provided.


The Court And The Cannonball: An Inside Look, Stephen Wermiel, Lee Levine Jan 2016

The Court And The Cannonball: An Inside Look, Stephen Wermiel, Lee Levine

Articles in Law Reviews & Other Academic Journals

As lawsuits over the right of publicity proliferate among athletes and other celebrities, there is renewed interest, by litigants and judges alike, in the one decision by the U.S. Supreme Court that addresses a tort action arising from a "publicity" related claim, Zacchini v. Scripps-Howard Broadcasting Co. Although the 1977 ruling is often cited as holding that the right of publicity tort survives constitutional scrutiny under the First Amendment, an examination of the case and of the Supreme Court justices' available papers shows that the Court did not view the case as presenting the type of claim that has become …