Law Commons^™

Here Today, Gone Tomorrow? Post-Grant Review And Ptab Interpretation Of § 101 Subject Matter After Myriad, Conor T. Flynn

Buffalo Intellectual Property Law Journal

Post-grant review is a new review procedure for granted patents in the United States. The procedure, instituted as a mechanism to get rid of "bad patents," allows any outside party, within nine months of the patent grant date, to challenge the validity of a granted patent on any ground under the patent law, including patentable subject matter, provided that the petitioner can demonstrate that it is more likely than not that at least one of the claims challenged in the petition is unpatentable, or if there is a showing that "the petition raises a novel or unsettled legal question that …

Very Few Appreciated Just How Bad Aia Inter Partes Reviews (Iprs) Would Be For Patent Owners, Although Ipr Denials Have Been, For Patent Owners, A Glimmer Of Hope, Stacy Lewis, Tom Irving

Buffalo Intellectual Property Law Journal

No abstract provided.

Spotlight On Objective Evidence Of Nonobviousnes In Aia Post-Grant Proceedings, Shing-Yi (Cindy) Cheng, Li Feng, Stacy Lewis, Tom Irving

Buffalo Intellectual Property Law Journal

No abstract provided.

Navigating The Limitations On Discovery In Aia Post-Grant Proceedings, Mary R. Henninger, Jill K. Macalpine, Amelia Feulner Baur, Anthony A. Hartmann, Lara C. Kelley, Rebecca M. Mcneill, P. Andrew Riley, Michael A. Stramiello

Buffalo Intellectual Property Law Journal

No abstract provided.

Spotlight On Claim Construction Before Ptab, James Stein, Jennifer Gupta, Hojung Cho, Stacy Lewis, Tom Irving

Buffalo Intellectual Property Law Journal

No abstract provided.

Stay Awhile: The Evolving Law Of District Court Stays In Light Of Inter Partes Review, Post-Grant Review, And Covered Business Method Post-Grant Review, Jonathan Stroud, Linda Thayer, Jeffrey C. Totten

Buffalo Intellectual Property Law Journal

No abstract provided.

Amending Rather Than Cancelling Claims In Inter Partes Reviews, Stacy Lewis, Tom Irving

Buffalo Intellectual Property Law Journal

No abstract provided.

Finding Meaning In The Death Of Virtual Identities, Jordan L. Walbesser

Buffalo Intellectual Property Law Journal

Historically speaking, legal fiction assumes that identity and the credentials proving identity are one and the same. It is an important fiction that allows us to access information associated with our identity and restrict others from doing the same. Crimes of identity theft are commonly manifested through the usurpation of one's credentials to falsely verify identity. Legal doctrine such as agency theory makes the assumption that identity and credentials are only transferrable together. Technology, especially the Internet, alters this fiction by allowing the creation of multiple credentials that enable access to multiple identities manifested throughout the world. The one-to-one relationship …

Traditional Cultural Expressions And The U.S. Constitution, Alexander Bussey

Buffalo Intellectual Property Law Journal

No abstract provided.

Inequitable Conduct And Supplemental Examination: Promise, Procedure, And Particulars, Amanda K. Murphy, Jonathan R. K. Stroud

Buffalo Intellectual Property Law Journal

The America Invents Act, signed into law on September 16, 2011, ushered in an array of patent reforms. One overlooked procedure, Supplemental Examination, seeks to purge putative instances of inequitable conduct prior to litigation by allowing patent owners to submit prior art and short statements to the USPTO after patent issuance. Few parties have used it. We analyze the law of inequitable conduct, explain the Supplemental Examination procedure, and discuss potential reasons for its lack of popularity among patent owners.

The Property Attributes Of Copyright, Pascale Chapdelaine

Buffalo Intellectual Property Law Journal

No abstract provided.

Curing Cablevision: Prescribing A Functional Solution To A Technical Astigmatism, Adam Adler

Buffalo Intellectual Property Law Journal

In a string of recent copyright cases, judges have increasingly adopted a technical approach to copyright law. Rather than evaluating contested technologies based on how the technologies are used, courts have focused their analysis on technical details of implementation. As a consequence, courts have constructed rules that limit technologies not in what they do, but how they do it. In this Article, I argue that courts should evaluate technologies based on functional considerations. I argue that this functional approach is constitutionally, statutorily, and practically preferable to a technical approach. Finally, I show that a functional approach would lead to decisions …

Pretending Without A License: Intellectual Property And Gender Implications In Online Games, Casey Fiesler

Buffalo Intellectual Property Law Journal

No abstract provided.

Coordinating Extensive Trademark Rights And Competition Policy, Kexin Li

Buffalo Intellectual Property Law Journal

A trademark can be not only a word or logo, but also a color, sound, three-dimensional object, and many other nontraditional items. Corporations are increasingly seeking nontraditional trademark protection instead of or in addition to traditional patents and/or copyrights. They are also enforcing both traditional and nontraditional marks more aggressively and in ways that may lead to significant foreclosure effects. This working paper argues that these trends may raise serious competition policy concerns that should play an important role in the evolution of trademark law. For instance, trademark registration and enforcement should be subject to the same antitrust constraints as …

Geolocation And Targeted Advertising: Making The Case For Heightened Protections To Address Growing Privacy Concerns, Ryan Mura

Buffalo Intellectual Property Law Journal

No abstract provided.

Crossing Parallel Lines: The State Of The First Sale Doctrine After Costco V. Omega, Maureen B. Collins

Buffalo Intellectual Property Law Journal

No abstract provided.

Reclaiming Copyright From The Outside In: What The Downfall Hitler Meme Means For Transformative Works, Fair Use, And Parody, Aaron Schwabach

Buffalo Intellectual Property Law Journal

Continuing advances in consumer information technology have made video editing, once difficult, into a relatively simple matter. The average consumer can easily create and edit videos, and post them online. Inevitably many of these posted videos incorporate existing copyrighted content, raising questions of infringement, derivative versus transformative use, fair use, and parody.

This article looks at several such works, with its main focus on one category of examples: the Downfall Hitler meme. Downfall Hitler videos take as their starting point a particular sequence - Hitler's breakdown rant - from the 2004 German film Der Untergang [Downfall in the US]. The …

The Seed 2.0: Evolving Intellectual Property Rights Of Agricultural Germplasm, Jennifer Wai-Shing Maguire

Buffalo Intellectual Property Law Journal

No abstract provided.

Increasing Revenue In Developing Nations Through Intellectual Property Rights: Why A Diversified Approach To Intellectual Property Protection With A Focus On Geographical Indications Is The Best Method, Philip Matthews

Buffalo Intellectual Property Law Journal

No abstract provided.

Google Analytics: Analyzing The Latest Wave Of Legal Concerns For Google In The U.S. And The E.U., Raizel Liebler, Keidra Chaney

Buffalo Intellectual Property Law Journal

No abstract provided.

The American Models Of Technology Transfer: Contextualized Emulation By Developing Countries?, Benton C. Martin

Buffalo Intellectual Property Law Journal

No abstract provided.

Better Late Than Never: The Legal Theoretical Reasons Supporting The Performance Rights Act Of 2009, Sunny Noh

Buffalo Intellectual Property Law Journal

No abstract provided.

The Procedural Impact Of Ksr On Patent Litigation, Meng Ouyang

Buffalo Intellectual Property Law Journal

No abstract provided.

Resetting The Doomsday Clock: Is It Constitutional For Laches To Bar Copyright Infringement Claims Within The Statute Of Limitations?, Ryan Christopher Locke

Buffalo Intellectual Property Law Journal

No abstract provided.

Marks Of Mayhem & Murder: When A Few Bad "Mongols" Spoil The Bunch, Should The Government Seize A Motorcycle Association's Registered Trademark?, Tracy Reilly

Buffalo Intellectual Property Law Journal

No abstract provided.

The Analogous Art Test, Jeffrey T. Burgess

Buffalo Intellectual Property Law Journal

No abstract provided.

The (Rather Large) Truth Behind The Pizzapotamus: How Brand Portfolio Packages With Arguably Fraudulently Procured Trademarks Harm Purchasers, Licensees And The Public, Kathryn A. Barrett

Buffalo Intellectual Property Law Journal

No abstract provided.

The Importance Of State Trade Secret Laws In Deterring Trade Secret Espionage, Carl Pacini, Raymond Placid

Buffalo Intellectual Property Law Journal

No abstract provided.

Permanent Injunctions In Patent Cases, Dariush Keyhani

Buffalo Intellectual Property Law Journal

No abstract provided.

Commoditizing Intellectual Property Rights: The Practicability Of A Commercialized And Transparent International Ipr Market And The Need For International Standards, Ian David Mcclure

Buffalo Intellectual Property Law Journal

No abstract provided.