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Full-Text Articles in Law
New Wine Bursting From Old Bottles: Collaborative Internet Art, Joint Works, And Entrepreneurship, Margaret Chon
New Wine Bursting From Old Bottles: Collaborative Internet Art, Joint Works, And Entrepreneurship, Margaret Chon
Faculty Articles
Some intellectual property colleagues recently urged Professor Chon to post this article on SSRN. She wrote it circa mid-90’s when information still wanted to be free and the predominant technology was still file transfer protocol. It seems this piece has stood the test of time because it was one of the first legal academic pieces to address the copyright implications of Internet works. Today in 2010, we are still grappling with the collaborative, dynamic and entrepreneurial characteristics of digital networked content. However, now it is created and distributed through different intermediaries such as Facebook, Twitter, YouTube, etc.
Equity For Whom? Defining The Reach Of Non-Literal Patent Infringement, Peter K. Schalestock
Equity For Whom? Defining The Reach Of Non-Literal Patent Infringement, Peter K. Schalestock
Seattle University Law Review
The doctrine of equivalents began as a tool creating judicial flexibility to shield patent holders from piracy through minor variations on their inventions. Over time, two trends have transformed it from shield to sword. First, plaintiffs have persuaded courts to allow claims of infringement by equivalents even where there is no evidence of copying or other fraud. Second, as juries have decided more and more infringement cases, their sympathy for patent holders has had a greater impact on equivalents cases. Together, these trends have worked a gross distortion on the doctrine of equivalents. The doctrine should not be used to …