Law Commons^™

A Realistic Approach To The Obviousness Of Inventions, Daralyn J. Durie, Mark A. Lemley

William & Mary Law Review

No abstract provided.

Considering The Reach Of Phelps, Thomas G. Field Jr.

The University of New Hampshire Law Review

[Excerpt] “As the Supreme Court recently confirmed in Quanta Computer, Inc. v. LG Electronics, Inc., patent and copyright owners have limited rights following voluntary transfers of protected goods. Moreover, as discussed at length by the Second Circuit in Platt & Munk Co. v. Republic Graphics, Inc., patent owners‟ rights have long been similarly affected by involuntary transfers. Platt & Munk finds the lack of equivalent copyright rulings remarkable, but does not allow lack of direct precedent to stand in the way of finding that involuntary transferees of copyright-protected goods have the same rights as voluntary transferees.

Initially, the Fourth Circuit, …

The Rhetoric Of Predictability: Reclaiming The Lay Ear In Music Copyright Infringement Litigation, Austin Padgett

The University of New Hampshire Law Review

[Excerpt] “Some things cannot be described. This is the theory that recent literary criticism has placed as its cornerstone. Philosopher-critic Roland Barthes identified this trend in his Mythologies, stating that critics often “suddenly decide that the true subject of criticism is ineffable, and criticism, as a consequence, unnecessary. Unfortunately, this view has become singular within the legal academy whenever an author discusses music copyright infringement analysis. It seems that scholars fear the thought of trusting a jury with such an “ineffable” subject as music and must propose alternatives, such as expert testimony, specialized courts, or mechanical analysis, that will diminish …

Academia To Industry Technology Transfer: An Alternative To The Bayh-Dole System For Both Developed And Developing Nations, Dov Greenbaum

Fordham Intellectual Property, Media and Entertainment Law Journal

Renewed efforts to bring science and technology to the center of economic revival in developing nations recognize the centrality of the university in the creation and promotion of science and innovation. Many developed nations, following the paradigmatic U.S. technology transfer system, transfer their academic innovations to industry—through licensing intellectual property—for eventual commercialization. While conventional wisdom places the Carter era Bayh-Dole legislation at the center of that successful American system, this Article argues that the U.S. biotechnology and high tech booms are more likely attributable to the confluence of unique and propitious conditions, and that Bayh-Dole played a marginal role in …

The Social Contract And Authorship: Allocating Entitlements In The Copyright System. , Alina Ng

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Harmony And Its Functionality: A Gloss On The Substantial Similarity Test In Music Copyrights., Sergiu Gherman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Incentivizing Postmarketing Pharmaceutical Product Safety Testing With Extension Of Exclusivity Periods, Leslie Kushner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

When The Schoolhouse Gate Extends Online: Student Free Speech In The Internet Age., David J. Fryman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Inequitable Conduct: A Standard In Motion., Benjamin Brown

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Dangers Of The Digital Millennium Copyright Act: Much Ado About Nothing?, Steve P. Calandrillo, Ewa M. Davison

William & Mary Law Review

In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a landmark piece of legislation aimed at protecting copyright holders from those who might manufacture or traffic technology capable of allowing users to evade piracy protections on the underlying work. At its core, the DMCA flatly prohibits the circumvention of "technological protection measures "in order to gain access to copyrighted works, but provides no safety valve for any traditionally protected uses. While hailed as a victory by the software and entertainment industries, the academic and scientific communities have been far less enthusiastic. The DMCA's goal of combating piracy is a …

The Software Licensing Dilemma, Nancy S. Kim

BYU Law Review

No abstract provided.

Practice Makes Perfect? An Empirical Study Of Claim Construction Reversal Rates In Patent Cases, David L. Schwartz

Michigan Law Review

This Article examines whether U.S. district court judges improve their skills at patent claim construction with experience, including the experience of having their own cases reviewed by the Court of Appeals for the Federal Circuit. In theory, higher courts teach doctrine to lower courts via judicial decisions, and lower courts learn from these decisions. This Article tests the teaching-and-learning premise on the issue of claim construction in the realities of patent litigation. While others have shown that the Federal Circuit reverses a large percentage of lower court claim constructions, no one has analyzed whether judges with more claim construction appeal …

"Does That Sound Familiar?": Creators' Liability For Unconscious Copyright Infringement, Christopher B. Jaeger

Vanderbilt Law Review

In 1953, a twenty-seven year old man underwent brain surgery to treat the severe epilepsy that had plagued him during his youth. The surgeon, Dr. William Scoville, removed portions of the young man's brain that were involved in memory processing. Most notably, Dr. Scoville removed most of his patient's hippocampus. The surgery left the young man, now known to psychologists as H.M., with anterograde amnesia: he still had a short-term memory, but he was unable to convert any of his short-term memories into new long-term memories. Although H.M. could not form new long-term memories, psychologists found that he still could …

Legal Approaches To Promote Technological Solutions To Climate Change, Daniel Van Fleet

Duke Law & Technology Review

Technological advancement is widely viewed as an essential component to any effective climate change strategy. However, there is no consensus as to the degree to which the law should promote technological innovation and development. This iBrief analyzes government involvement in encouraging such technology and divides the various policies into four categories. On one end are policies that rely mainly on market forces to encourage scientific advancement naturally, requiring minimal government involvement. A second category of policies involves technological development promoted indirectly through laws addressing climate change generally. A third type of policy involves directly offering government funding and financing for …

Patently Protectionist? An Empirical Analysis Of Patent Cases At The International Trade Commission, Colleen V. Chien

William & Mary Law Review

The International Trade Commission (ITC) provides a special forum for adjudicating patent disputes involving imports. It offers several advantages over United States district courts to patentees, including relaxed jurisdictional requirements, speed, and unique remedies. Unlike district courts, the ITC almost automatically grants injunctive relief to prevailing patentees, and does not recognize certain defenses to infringement. These features have been justified as needed to prosecute foreign infringers who would otherwise evade U.S. district courts. They have also led to charges that the ITC is protectionist and unfair to defendants and that it fosters inconsistency in U.S. patent law. Based on an …

Disparity In Copyright Protection: Focus On The Finished Image Ignores The Art In The Details , Karen D. Williams

American University Law Review

Courts initial reactions play a major role in the assessment of copyright protection. A quick recognition of pictorial quality can result in an easy finding of originality. Based upon the extremely low threshold, such a quick summation is not surprising or necessarily refutable. However, the blanket assumption of a pictorial quality in photography creates a disparity in copyright protection for works of graphic design, like maps, which may not emit that immediate pictorial or aesthetic quality but may still employ creative choice. Those works that “scream” their pictorial nature get cursory review while the more subtle are being categorized as …

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.

Protection Of Trademarks And Geographical Indications, Inessa Shalevich

Buffalo Intellectual Property Law Journal

No abstract provided.

Patent Infringers, Come Out With Your Hands Up!: Should The United States Criminalize Patent Infringement?, Noel Mendez

Buffalo Intellectual Property Law Journal

No abstract provided.

What Is Truth?: True Suspects And False Defamation, Peter B. Kutner

Fordham Intellectual Property, Media and Entertainment Law Journal

A television station reports that an individual is a suspect in a murder case. A newspaper reports that a business or charity is under investigation to determine whether it has provided funding to terrorists or terrorist organizations. It is true that the individual is a suspect in the police investigation of the murder, and that the government is investigating the business or charity for possible financial links to terrorists. However, the suspicion is wrong, or at least unprovable. As far as can be determined from the available evidence, the individual did not commit a murder, and the business or charity …

Bridgeport Redux: Digital Sampling And Audience Recoding, David M. Morrison

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Continuing Evolution Of Consent And Authority In Digital Search And Seizure, Aaron Stanley

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Jurisdictional Issues In The Adjudication Of Patent Law Malpractice Cases In Light Of Recent Federal Circuit Decisions, Michael Ena

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

We Interrupt This Broadcast: Will The Copyright Royalty Board’S March 2007 Rate Determination Proceedings Pull The Plug On Internet Radio?, Erich Carey

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Iphone And The Dmca: Locking The Hands Of Consumers, John Haubenreich

Vanderbilt Law Review

On August 24, 2007, less than two months after its initial release for sale, the Apple iPhone was unlocked, untethering the phones from the AT&T cellular network. Because AT&T has exclusive rights to provide coverage for the iPhone until the year 2010, hackers and computer enthusiasts worked feverishly to be the first to use the iPhone on a network other than AT&T. Although the practice of cell phone unlocking has been occurring for years, the tremendous public interest surrounding the launch of the iPhone focused attention on the issue like never before.

Wireless carriers can use software locks, hardware locks, …

Liability For Search Engine Triggering Of Trademarked Keywords After Rescuecom, Riana Pfefferkorn

Washington Journal of Law, Technology & Arts

“Trademark keying” is the practice of buying and selling trademarked terms as keywords in search engine advertising campaigns. In September 2006, a federal district court in Rescuecom Corp. v. Google, Inc. held that the practice does not constitute trademark use, a threshold criterion in a trademark infringement claim. Since Rescuecom, the focus of trademark keying litigation has shifted, giving some guidance to potential litigants. In addition, the U.S. Court of Appeals for the Second Circuit has diverged from other circuits. While federal courts within the Second Circuit have fashioned the emerging rule that an advertiser’s internal use of trademarked …

Reexamining The Functions Of Trademark Law, Mohammad Amin Naser

Chicago-Kent Journal of Intellectual Property

No abstract provided.

A Mixtape Dj's Drama: An Argument For Preemption Of Georgia's Unauthorized Reproduction Law, Jennifer Geller

Chicago-Kent Journal of Intellectual Property

No abstract provided.