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Intellectual Property Law

Journal

2003

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Articles 1 - 30 of 194

Full-Text Articles in Law

The “Commercial Offer For Sale” Standard After Minnesota Mining V. Chemque, Campbell Chiang Dec 2003

The “Commercial Offer For Sale” Standard After Minnesota Mining V. Chemque, Campbell Chiang

Duke Law & Technology Review

The Supreme Court established a two-part test for determining when an invention is "on sale" under 35 U.S.C. §102(b) in Pfaff v. Wells Electronics, Inc. For the on-sale bar to be triggered, the invention must be "ready for patenting" and subject of a "commercial offer for sale." In Minnesota Mining & Manufacturing v. Chemque, Inc., the Federal Circuit expounded on what constitutes a commercial offer for sale. This iBrief explores what is considered a "commercial offer for sale."

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Piracy Deserves No Privacy, Frank Chao Dec 2003

Piracy Deserves No Privacy, Frank Chao

Duke Law & Technology Review

The Recording Industry Association of America ("RIAA"), the music industry's trade and lobbying group, recently initiated a controversial tactic to bring to surface previously anonymous digital pirates of the Internet. This aggressive tactic aims to make safe the digital oceans for copyright and involves identifying and bringing claims against infringing individuals who download, swap, and/or post copyrighted music illegally via the Internet. The RIAA cares not who the infringers are or whether the infringers know the illegality of their actions. Nor does the music industry concern itself with the inevitable storm of backlash bound to fall upon them for suing …

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Patenting Computer Data Structures: The Ghost, The Machine And The Federal Circuit, Andrew Joseph Hollander Dec 2003

Patenting Computer Data Structures: The Ghost, The Machine And The Federal Circuit, Andrew Joseph Hollander

Duke Law & Technology Review

Courts view "data structures," the mechanism by which computers store data in meaningful relationships, differently than do computer scientists. While computer scientists recognize that data structures have aspects that are both physical (how they are stored in memory) and logical (the relationships among the stored information), the Federal Circuit, in its attempts to set clear standards of the scope of patentability of data structures, has not fully appreciated their dualistic nature. This i-brief explains what data structures are, explores how courts have wrestled with setting a limiting principle to determine their patentability, and discusses the resultant impact on claim drafting.

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U.S. Infringement Liability For Foreign Sellers Of Infringing Products, Troy Petersen Dec 2003

U.S. Infringement Liability For Foreign Sellers Of Infringing Products, Troy Petersen

Duke Law & Technology Review

With the ever-increasing international flavor of business comes an important question for United States patent holders and foreign manufacturers alike: Can a company be held liable for patent infringement in the United States for selling an infringing product abroad that is later imported into the United States?

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Far From The Finish Line: Transsexualism And Athletic Competition, Jill Pilgrim, David Martin, Will Binder Dec 2003

Far From The Finish Line: Transsexualism And Athletic Competition, Jill Pilgrim, David Martin, Will Binder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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A Barcelona.Com Analysis: Toward A Better Model For Adjudication Of International Domain Name Disputes, Zohar Efroni Dec 2003

A Barcelona.Com Analysis: Toward A Better Model For Adjudication Of International Domain Name Disputes, Zohar Efroni

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Intellectual Property In Transition Economies: Assessing The Latvian Experience, Simon Helm Dec 2003

Intellectual Property In Transition Economies: Assessing The Latvian Experience, Simon Helm

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristn Jakobsen Osenga Dec 2003

Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristn Jakobsen Osenga

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Platform For Privacy Preferences (“P3p”): Finding Consumer Assent To Electronic Privacy Policies, Kimberly Rose Goldberg Dec 2003

Platform For Privacy Preferences (“P3p”): Finding Consumer Assent To Electronic Privacy Policies, Kimberly Rose Goldberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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No Competition: How Radio Consolidation Has Diminished Diversity And Sacrificed Localism, Gregory M. Prindle Dec 2003

No Competition: How Radio Consolidation Has Diminished Diversity And Sacrificed Localism, Gregory M. Prindle

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel I: Legal Issues In Sports Security, Richard H. Fallon, Jr., Milton Ahlerich, Norman Siegel, William D. Squires, Paul H. Zoubek, Laura Freedman Dec 2003

Panel I: Legal Issues In Sports Security, Richard H. Fallon, Jr., Milton Ahlerich, Norman Siegel, William D. Squires, Paul H. Zoubek, Laura Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel Ii: Conflicts Of Interest In Sports, John D. Feerick, David Feher, Craig E. Fenech, Charles Grantham, Steven C. Krane, Nicole Coward Dec 2003

Panel Ii: Conflicts Of Interest In Sports, John D. Feerick, David Feher, Craig E. Fenech, Charles Grantham, Steven C. Krane, Nicole Coward

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward Dec 2003

Panel Iii: The Current State Of Sports And The Media, Mark Conrad, Laurie Basch, David S. Denenberg, Jim Durham, Jerome S. Ebenstein, Brett Goodman, Nicole Coward

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Glass Sneaker: Thirty Years Of Victories And Defeats Involving Title Ix And Sex Discrimination In Athletics, Diane Heckman Dec 2003

The Glass Sneaker: Thirty Years Of Victories And Defeats Involving Title Ix And Sex Discrimination In Athletics, Diane Heckman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Personal Fouls: How Sexual Assault By Football Players Is Exposing Universities To Title Ix Liability, Christopher M. Parent Dec 2003

Personal Fouls: How Sexual Assault By Football Players Is Exposing Universities To Title Ix Liability, Christopher M. Parent

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen Dec 2003

Bouchat V. Baltimore Ravens: The Fourth Circuit Adopts The Strinkingly Similar Doctrine To Infer Proof Of Access, Douglas R. Arntsen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman Dec 2003

Pay Or Play? The Jeremy Bloom Decision And Ncaa Amateurism Rules, Laura Freedman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley Dec 2003

Patent First, Ask Questions Later: Morality And Biotechnology In Patent Law, Margo A. Bagley

William & Mary Law Review

This Article explores the U.S. "patent first, ask questions later" approach to determining what subject matter should receive patent protection. Under this approach, the US. Patent and Trademark Office (USPTO or the Agency) issues patents on "anything under the sun made by man," and to the extent a patent's subject matter is sufficiently controversial, Congress acts retrospectively in assessing whether patents should issue on such inventions. This practice has important ramifications for morally controversial biotechnology patents specifically, and for American society generally. For many years ajudicially created "moral utility" doctrine served as a type of gatekeeper of patent subject matter …

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Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor Dec 2003

Curbing The Federal Circuit's Enthusiasm: An Argument For A Rebuttable Presumption Against Application Of The Doctrine Of Equivalents To Disclosed But Unclaimed Subject Matter, Jeffrey M. Connor

William & Mary Law Review

No abstract provided.

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Lights, Camera, Lawsuit, A. J. Bedel Nov 2003

Lights, Camera, Lawsuit, A. J. Bedel

Duke Law & Technology Review

As the speed of Internet access improves, the film industry will need to explore its options for eliminating the downloading of digital movie files. After examining the successes and failures of the music industry in its battle with peer-to-peer networks, the film industry has begun to follow its predecessor. However, the nature of film as an entertainment medium is quite different than that of music. As a result, the film industry could implement creative solutions to this problem that would not have been available to the music industry. A recent study shows that most films available on the Internet have …

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Pfaff Revisited: How The Federal Circuit Has Elaborated On The “Ready For Patenting” Standard, Jennifer F. Miller Nov 2003

Pfaff Revisited: How The Federal Circuit Has Elaborated On The “Ready For Patenting” Standard, Jennifer F. Miller

Duke Law & Technology Review

In Pfaff v. Wells Electronics, Inc., the Supreme Court established a two-part test to determine when an invention is "on sale" for purposes of Title 35 U.S.C. §102(b). In addition to being the subject of a commercial offer for sale, an invention must be "ready for patenting" in order to be considered "on sale." Since Pfaff, the Court of Appeals for the Federal Circuit has had numerous opportunities to expound upon how inventors can fulfill the latter condition. This iBrief will discuss the factors the Federal Circuit has determined are indicative of an invention's "ready for patenting" status.

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3d Molecular Structures: Patentable Subject Matter Under 35 U.S.C. §101?, Ben Quarmby Nov 2003

3d Molecular Structures: Patentable Subject Matter Under 35 U.S.C. §101?, Ben Quarmby

Duke Law & Technology Review

With the advent of protein engineering, the determination of a protein’s 3D structure has taken on a whole new importance. This has prompted some to call for the United States Patent and Trademark Office [USPTO] to break with tradition and allow patents on the three-dimensional structural information of proteins. This iBrief will discuss whether such information would constitute patentable subject matter under 35 U.S.C. §101, and how much protection patents on this information could actually confer.

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Fairplay Or Greed: Mandating University Responsibility Toward Student Inventors, Carmen J. Mccutcheon Oct 2003

Fairplay Or Greed: Mandating University Responsibility Toward Student Inventors, Carmen J. Mccutcheon

Duke Law & Technology Review

Over twenty years have passed since the enactment of The Patent and Trademark Law Amendments Act (Bayh-Dole Act) and universities continue to struggle with their technology transfer infrastructures. Lost in that struggle are those who could be considered the backbone of university research: the students. Graduate and undergraduate students remain baffled by the patent assignment and technology transfer processes within their various institutions. Efforts should be undertaken by universities to clarify the student's position in the creative process.

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Unintended Consequences: State Merger Statutes And Nonassignable Licenses, Joshua G. Graubart Oct 2003

Unintended Consequences: State Merger Statutes And Nonassignable Licenses, Joshua G. Graubart

Duke Law & Technology Review

The confused state of most state corporate merger statutes allows many intellectual property licenses to find their way into unintended hands by way of corporate merger, in spite of non-assignment clauses. Clearly a detriment to licensors, corporate licensees too should be wary of depending upon the merger statute; a court ruling may not go their way. The states must clean up their collective act and bring some much needed certainty to a highly unpredictable intersection of corporate and intellectual property law.

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The Digital Millennium Copyright Act: A Review Of The Law And The Court's Interpretation, Neil A. Benchell Oct 2003

The Digital Millennium Copyright Act: A Review Of The Law And The Court's Interpretation, Neil A. Benchell

Buffalo Intellectual Property Law Journal

No abstract provided.

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Compliance Planning For Intellectural Property Crimes, Ray K. Harris, James D. Burgess Fennemore Craig, P.C. Oct 2003

Compliance Planning For Intellectural Property Crimes, Ray K. Harris, James D. Burgess Fennemore Craig, P.C.

Buffalo Intellectual Property Law Journal

No abstract provided.

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Alternative Proposals And Effective Protection Of Computer Programs, Daehwan Koo Oct 2003

Alternative Proposals And Effective Protection Of Computer Programs, Daehwan Koo

Buffalo Intellectual Property Law Journal

No abstract provided.

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Critique And Consequences Of The Supreme Court's Decision In Holmes V. Vornado, Kenneth C. Bass Iii, Linda E. Alcorn Oct 2003

Critique And Consequences Of The Supreme Court's Decision In Holmes V. Vornado, Kenneth C. Bass Iii, Linda E. Alcorn

The Journal of Appellate Practice and Process

No abstract provided.

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Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn Oct 2003

Eldred's Aftermath: Tradition, The Copyright Clause, And The Constitutionalization Of Fair Use, Stephen M. Mcjohn

Michigan Telecommunications & Technology Law Review

Eldred v. Ashcroft offered the Supreme Court broad issues about the scope of Congress's constitutional power to legislate in the area of intellectual property. In 1998, Congress added twenty years to the term of all copyrights, both existing and future copyrights. But for this term extension, works created during the 1920s and 1930s would be entering the public domain. Now such works will remain under copyright until 2018 and beyond. Eldred v. Ashcroft rejected two challenges to the constitutionality of the copyright extension. The first challenge contended that Congress had exceeded its power to grant copyrights for "limited Times" in …

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Copyrighting Facts, Michael Steven Green Oct 2003

Copyrighting Facts, Michael Steven Green

Indiana Law Journal

No abstract provided.

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