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Full-Text Articles in Law

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.


Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi Nov 2015

Finders Keepers, Or Finders Weepers? A Proposed Answer To A Question Raised By Myriad Genetics, Jingshi Shi

Journal of Intellectual Property Law

No abstract provided.


Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers Nov 2015

Trade Secret Rising: Protecting Equivalency Test Research And Development Investments After Momenta V. Amphastar, Hannah-Alise Rogers

Journal of Intellectual Property Law

No abstract provided.


To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique Of The Digital Millennium Copyright Act's Subversion Of The First Amendment In The Era Of Notice And Takedown, Michael Bradford Patterson Nov 2015

To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique Of The Digital Millennium Copyright Act's Subversion Of The First Amendment In The Era Of Notice And Takedown, Michael Bradford Patterson

Journal of Intellectual Property Law

No abstract provided.


Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd Nov 2015

Unauthorized Digital Sampling In The Changing Music Landscape, Ryan Lloyd

Journal of Intellectual Property Law

No abstract provided.


Fault Lines In Trademark Default Judgments, David S. Welkowitz Nov 2015

Fault Lines In Trademark Default Judgments, David S. Welkowitz

Journal of Intellectual Property Law

No abstract provided.


The Viability Of The $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, And Author Incentives, Lydia Pallas Loren Nov 2015

The Viability Of The $30 Casebook: Intellectual Property, Voluntary Payment, Open Distribution, And Author Incentives, Lydia Pallas Loren

Journal of Intellectual Property Law

It is not uncommon for a new hardbound copy of today’s law school casebooks to exceed $200. And, each year, the prices inch ever higher. After exploring the various dynamics in the traditional publishing market that have led to the current prices for casebooks, this article describes the experiences of Semaphore Press, a publisher of law school casebooks that offers a very different approach to providing law school casebooks. Semaphore Press offers digital copies of required textbooks for law school classes, (in pdf format with no digit rights management (DRM) restrictions), at a suggested price of $30. In addition, students …


The Enforcement Challenges For Tattoo Copyrights, Yolanda M. King Nov 2015

The Enforcement Challenges For Tattoo Copyrights, Yolanda M. King

Journal of Intellectual Property Law

No abstract provided.


Patent Office Contested Proceedings And The Duty Of Candor, Lisa A. Dolak Nov 2015

Patent Office Contested Proceedings And The Duty Of Candor, Lisa A. Dolak

Journal of Intellectual Property Law

The implementation of post-grant trial proceedings in the U.S. Patent and Trademark Office is one of the most significant aspects of the Leahy-Smith America Invents Act. Practitioners have a great deal of new subject matter to master, including the governing statutes and rules, and instructive Patent Trial and Appeal Board decisions. All of this new law is superimposed, however, on an existing legal landscape relating to the practitioner’s duty of candor and potential consequences for candor violations. Furthermore, the new law creates additional candor and disclosure obligations specifically applicable in post-grant contested proceedings.

This paper discusses the “old” and “new” …


Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law Nov 2015

Table Of Contents, Vol. 22:1, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.


Where There's A Will, There's A Way: Reconciling Theories Of Willful Infringement And Disgorgement Damages In Trademark Law, Rachel Anne Zisek Oct 2015

Where There's A Will, There's A Way: Reconciling Theories Of Willful Infringement And Disgorgement Damages In Trademark Law, Rachel Anne Zisek

Journal of Intellectual Property Law

No abstract provided.


Clear And Convincing Disparagement: An Argument For A Higher Evidentiary Standard For When The T.T.A.B. Considers Cancelling A Well-Known, Tenured Trademark, John C. Thomas Iii Oct 2015

Clear And Convincing Disparagement: An Argument For A Higher Evidentiary Standard For When The T.T.A.B. Considers Cancelling A Well-Known, Tenured Trademark, John C. Thomas Iii

Journal of Intellectual Property Law

No abstract provided.


Slide To Unlock: Apple-Samsung, Alice, And The Need For Clarity In Assessing Patent-Eligibility Under Section 101 For Touchscreen Software Patents, Tucker J. Mckinley Oct 2015

Slide To Unlock: Apple-Samsung, Alice, And The Need For Clarity In Assessing Patent-Eligibility Under Section 101 For Touchscreen Software Patents, Tucker J. Mckinley

Journal of Intellectual Property Law

No abstract provided.


The Right To Say, "I Didn't Write That": Creating A Cause Of Action To Combat False Attribution Of Authorship On The Internet, Kathleen Brennan Hicks Oct 2015

The Right To Say, "I Didn't Write That": Creating A Cause Of Action To Combat False Attribution Of Authorship On The Internet, Kathleen Brennan Hicks

Journal of Intellectual Property Law

No abstract provided.


The Increasing Use Of Challenges To Expert Evidence Under Daubert And Rule 702 In Patent Litigation, Douglas G. Smith Oct 2015

The Increasing Use Of Challenges To Expert Evidence Under Daubert And Rule 702 In Patent Litigation, Douglas G. Smith

Journal of Intellectual Property Law

No abstract provided.


Stop In The Name Of The Pto! A Review Of The Fresenius Saga And Pto-Judicial Interplay, Wayne A. Kalkwarf Oct 2015

Stop In The Name Of The Pto! A Review Of The Fresenius Saga And Pto-Judicial Interplay, Wayne A. Kalkwarf

Journal of Intellectual Property Law

No abstract provided.


Copyright As Contract, Jeffrey L. Harrison Oct 2015

Copyright As Contract, Jeffrey L. Harrison

Journal of Intellectual Property Law

Copyright is essentially a contract between the author and the public with the government acting as the agent of the public. The consideration received by authors is defined by duration and breadth of exclusivity. The consideration for the public is the creation of a "work" that will be available on a limited basis for the life of the author plus 70 years and then available without limit after that. If there were no transaction costs at all, it would be possible to "pay" authors different amounts of exclusivity. Perhaps a greeting card would get one holiday season of exclusivity, if …


Table Of Contents, Vol. 22:2, Journal Of Intellectual Property Law Oct 2015

Table Of Contents, Vol. 22:2, Journal Of Intellectual Property Law

Journal of Intellectual Property Law

No abstract provided.