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Intellectual Property Law

Journal

2015

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Articles 1 - 30 of 405

Full-Text Articles in Law

Masthead Dec 2015

Masthead

Catholic University Journal of Law and Technology

No abstract provided.


Table Of Contents Dec 2015

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.


Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler Dec 2015

Oracle America, Inc. V. Google, Inc.,750 F.3d 1339 (Fed. Cir. 2014), Cert. Denied: Ideas, Methods, And Expression - Whose Innovation Is Protected?, Christopher J. Geissler

Catholic University Journal of Law and Technology

No abstract provided.


The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian Dec 2015

The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian

Catholic University Journal of Law and Technology

No abstract provided.


Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao Dec 2015

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.


Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore Dec 2015

Extending Copyright Protection To Combat Free-Riding By Digital News Aggregators And Online Search Engines, Nancy J. Whitmore

Catholic University Journal of Law and Technology

No abstract provided.


Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé Dec 2015

Frand V. Compulsory Licensing: The Lesser Of The Two Evils, Srividhya Ragavan, Brendan Murphy, Raj Davé

Duke Law & Technology Review

This paper focuses on two types of licenses that can best be described as outliers—FRAND and compulsory licenses. Overall, these two specific forms of licenses share the objective of producing a fair and reasonable license of a technology protected by intellectual property. The comparable objective notwithstanding, each type of license achieves this end using different mechanisms. The FRAND license emphasizes providing the licensee with reasonable terms, e.g., by preventing a standard patent holder from extracting unreasonably high royalty rates. By contrast, compulsory licenses emphasize the public benefit that flows from enabling access to an otherwise inaccessible invention. Ultimately, both forms …


Direct Digital Engagement Of Patients And Democratizing Health Care, Dov Greenbaum Dec 2015

Direct Digital Engagement Of Patients And Democratizing Health Care, Dov Greenbaum

Santa Clara High Technology Law Journal

Direct Digital Engagement of Patients and Democratizing Health Care


Design Patent Evolution: From Obscurity To Center Stage, Andrew Beckerman-Rodau Dec 2015

Design Patent Evolution: From Obscurity To Center Stage, Andrew Beckerman-Rodau

Santa Clara High Technology Law Journal

Design Patient Evolution: From Obscurity to Center Stage


Only A Pawn In The Game: Rethinking Induced Patent Infringement, W. Keith Robinson Dec 2015

Only A Pawn In The Game: Rethinking Induced Patent Infringement, W. Keith Robinson

Santa Clara High Technology Law Journal

Only a Pawn in the Game: Rethinking Induced Patent Infringement


Saving The Next Superman: An Alternative Approach To The Taxation Of Copyright Termination Rights, Benjamin Newell Dec 2015

Saving The Next Superman: An Alternative Approach To The Taxation Of Copyright Termination Rights, Benjamin Newell

Journal of Intellectual Property Law

No abstract provided.


The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss Dec 2015

The Integrated Approach: A Solution To Patent Subject Matter Eligibility Standards In The Software Context, Carrie Moss

Journal of Intellectual Property Law

No abstract provided.


Fonts, Typefaces, And Ip Protection: Getting To Just Right, Emily N. Evans Dec 2015

Fonts, Typefaces, And Ip Protection: Getting To Just Right, Emily N. Evans

Journal of Intellectual Property Law

No abstract provided.


Gray Works: How The Failure Of Copyright Law To Keep Pace With Technological Advancement In The Digital Age Has Created A Class Of Works Whose Protection Is Uncertain… And What Can Be Done About It, Kenneth R.L. Parker Dec 2015

Gray Works: How The Failure Of Copyright Law To Keep Pace With Technological Advancement In The Digital Age Has Created A Class Of Works Whose Protection Is Uncertain… And What Can Be Done About It, Kenneth R.L. Parker

Journal of Intellectual Property Law

No abstract provided.


Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du Dec 2015

Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du

Journal of Intellectual Property Law

No abstract provided.


Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright Dec 2015

Explicitly Explicit: The Rogers Test And The Ninth Circuit, Daniel Jacob Wright

Journal of Intellectual Property Law

No abstract provided.


The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano Dec 2015

The Rise And Fall Of Patent Reexamination Under The America Invents Act: The Burdens And Unconstitutional Aspects Of Congress' Latest Attempt At Patent Reform, Ron Andrew Sassano

Journal of Intellectual Property Law

No abstract provided.


Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell Dec 2015

Fighting Piracy With Censorship: The Operation In Our Sites Domain Seizures V. Free Speech, Michael Joseph Harrell

Journal of Intellectual Property Law

No abstract provided.


Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal Dec 2015

Diametrically Opposing Viewpoints: Why Polar Opposites Should Not Attract The Parody Label Under The Fair Use Exception To Copyright Infringement, Robyn M. Flegal

Journal of Intellectual Property Law

No abstract provided.


The 'Four Cs' Of Joint Inventorship: A Practical Framework For Determining Joint Inventorship, Bradley M. Krul Dec 2015

The 'Four Cs' Of Joint Inventorship: A Practical Framework For Determining Joint Inventorship, Bradley M. Krul

Journal of Intellectual Property Law

No abstract provided.


Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud Dec 2015

Unraveling The Uspto's Tangled Web: An Empirical Analysis Of The Complex World Of Post-Issuance Patent Proceedings, Mark Consilvio, Jonathan R.K. Stroud

Journal of Intellectual Property Law

No abstract provided.


Why Copyright Law Lacks Taste And Scents, Leon Calleja Dec 2015

Why Copyright Law Lacks Taste And Scents, Leon Calleja

Journal of Intellectual Property Law

No abstract provided.


The Impact Of The United States Tax Laws On International Technology Transfer: An Overview And Some Suggestion For Minimizing The Bite, Marcus B. Finnegan, Robert E. Mccarthy Dec 2015

The Impact Of The United States Tax Laws On International Technology Transfer: An Overview And Some Suggestion For Minimizing The Bite, Marcus B. Finnegan, Robert E. Mccarthy

Georgia Journal of International & Comparative Law

No abstract provided.


Appropriate(D) Moments, Richard Chused Dec 2015

Appropriate(D) Moments, Richard Chused

Fordham Intellectual Property, Media and Entertainment Law Journal

INTRODUCTION Quietly reading a book by a window in your apartment isn’t necessarily a “private” act. Many living in densely packed locations like Manhattan inevitably wonder whether eyes peering through telescopes or watching digital camera screens find them, linger for a time, capture images or generate fantasies about who and what they are. That appropriation reality popped into public view in 2013 when Martha and Matthew Foster discovered images of themselves and their children, Delaney and James, in Arne Svenson’s photography exhibition The Neighbors mounted at the Julie Saul Gallery in the Chelsea district of Manhattan. The Fosters lived in …


Myriad Genetics And The Brca Patents In Europe: The Implications Of The U.S. Supreme Court Decision, Jessica C. Lai Dec 2015

Myriad Genetics And The Brca Patents In Europe: The Implications Of The U.S. Supreme Court Decision, Jessica C. Lai

UC Irvine Law Review

No abstract provided.


Giving The Federal Circuit A Run For Its Money: Challenging Patents In The Ptab, Rochelle Cooper Dreyfuss Dec 2015

Giving The Federal Circuit A Run For Its Money: Challenging Patents In The Ptab, Rochelle Cooper Dreyfuss

Notre Dame Law Review

My main objective is directed at institutional questions, to help the PTO and Congress as each considers changes to the system and to gauge how well the PTAB could function to ameliorate the effect of Federal Circuit isolation and provide a basis for the court to consider new perspectives, write more persuasively, and provide better guidance. A second goal is to draw greater academic attention to the potential these procedures have for changing the patent system and to provoke discussion—outside the emerging PTAB bar—on how they ought to operate. In particular, the statute layers inter partes review in a specialized …


Patentable Subject Matter And Nonpatent Innovation Incentives, Lisa Larrimore Ouellette Dec 2015

Patentable Subject Matter And Nonpatent Innovation Incentives, Lisa Larrimore Ouellette

UC Irvine Law Review

No abstract provided.


School Boy's Tricks: Reasonable Cybersecurity And The Panic Of Law Creation, David S. Levine Dec 2015

School Boy's Tricks: Reasonable Cybersecurity And The Panic Of Law Creation, David S. Levine

Washington and Lee Law Review Online

No abstract provided.


Myriad Lessons Learned, Amelia Smith Rinehart Dec 2015

Myriad Lessons Learned, Amelia Smith Rinehart

UC Irvine Law Review

No abstract provided.


Exhaustion Cannot Stifle Innovation: A Limitation On The “First Sale” Doctrine, Joseph L. Roth Dec 2015

Exhaustion Cannot Stifle Innovation: A Limitation On The “First Sale” Doctrine, Joseph L. Roth

UC Irvine Law Review

No abstract provided.