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- Chicago-Kent College of Law (15)
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- Seattle University School of Law (6)
- Fordham Law School (5)
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- The Catholic University of America, Columbus School of Law (1)
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- Publication
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- Chicago-Kent Journal of Intellectual Property (15)
- Touro Law Review (8)
- Fordham Intellectual Property, Media and Entertainment Law Journal (5)
- Indiana Law Journal (4)
- Seattle University Law Review (4)
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- American University Law Review (3)
- IP Theory (3)
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- Intellectual Property Brief (1)
- Loyola of Los Angeles Law Review (1)
- Northwestern Journal of Technology and Intellectual Property (1)
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- University of Miami Law Review (1)
Articles 31 - 55 of 55
Full-Text Articles in Law
Abuse Of Supreme Court Precedent: The "Historic Kinship", David W. Barnes
Abuse Of Supreme Court Precedent: The "Historic Kinship", David W. Barnes
Chicago-Kent Journal of Intellectual Property
In Sony Corp. of America v. Universal City Studios, the Supreme Court applied a doctrine formulated for patent law to an issue arising in copyright law. The Court supplied a rationale for doing so by identifying a “historic kinship” between patent and copyright law based on fundamental goals of intellectual property law. The Court considered how the rationale applied in the particular factual context involved. The Court cautioned that the propriety of extending a doctrine developed in one intellectual property regime to another depends on the particular legal issue involved. Despite the importance of ensuring that new rules are …
Panel Discussion: Remembering Justice Scalia In Ip Cases, Graeme Dinwoodie
Panel Discussion: Remembering Justice Scalia In Ip Cases, Graeme Dinwoodie
Chicago-Kent Journal of Intellectual Property
No abstract provided.
What’S So Special About Patent Law?, Michael Goodman
What’S So Special About Patent Law?, Michael Goodman
Fordham Intellectual Property, Media and Entertainment Law Journal
The widespread belief that patent law is special has shaped the development of patent law into one of the most specialized areas of the law today. The belief in patent law’s exceptionalism manifests itself as two related presumptions with respect to the judiciary: first, that generalist judges who do not have patent law expertise cannot effectively decide patent cases, and second, that judges can develop necessary expertise through repeated experience with patent cases. Congress showed that it acquiesced to both views when it created the Federal Circuit and the Patent Pilot Program. In recent years, however, the Supreme Court has …
Ttab Decisions No Longer The “Red-Headed Stepchild” Of Precedential Authority, Rebecca Knight
Ttab Decisions No Longer The “Red-Headed Stepchild” Of Precedential Authority, Rebecca Knight
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
The Need For "Supreme" Clarity: Clothing, Copyright, And Conceptual Separability, Jacqueline Lefebvre
The Need For "Supreme" Clarity: Clothing, Copyright, And Conceptual Separability, Jacqueline Lefebvre
Fordham Intellectual Property, Media and Entertainment Law Journal
For the first time in history, the U.S. Supreme Court will address copyright protection in the context of apparel in the case Star Athletica, LLC v. Varsity Brands, Inc. This case tackles arguably the most vexing, unresolved question in copyright law: How to determine whether artistic features of a useful article—such as a garment or piece of furniture—are conceptually separable from the article and thus protectable. Indeed, this case comes more than sixty years after Mazer v. Stein, the Supreme Court’s first and,until this date, only decision in this area. A lack of clear guidance from the Supreme Court and …
Victor Can Keep His Little Secret Unless Victoria's Secret Is Actually Harmed, Shafeek Seddiq
Victor Can Keep His Little Secret Unless Victoria's Secret Is Actually Harmed, Shafeek Seddiq
Touro Law Review
No abstract provided.
Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act, Rachel A. Lewis
Seattle University Law Review
The law regarding reverse payment settlements is anything but settled. Reverse payment settlements are settlements that occur during a patent infringement litigation in which a pharmaceutical patent holder pays a generic drug producer to not infringe on the pharmaceutical patent. Despite the recent decision by the United States Supreme Court in FTC v. Actavis, Inc., there are still unanswered questions about how the “full rule of reason” analysis will be applied to reverse payment. This Comment argues that despite the outcome in Actavis, the complex regulatory framework of the Hatch–Waxman Act will create repeated conflicts between antitrust law and patent …
Restoring The Balancing Test: A Better Approach To Fair Use In Copyright, Charlie Penrod
Restoring The Balancing Test: A Better Approach To Fair Use In Copyright, Charlie Penrod
Chicago-Kent Journal of Intellectual Property
Fair use analyses are overly vague and abstract. While the Copyright Act established four factors for courts to consider when determining if an alleged infringer’s use of copyrighted work is “fair”, these factors are not susceptible to easy interpretation. More importantly, once these factors have been interpreted, a trier of fact is instructed to balance these factors against each other. No effective method currently exists in guiding courts as to how to balance inherently disparate factors against each other, either in terms of intensity of the factors or how one factor might balance against another totally different factor. This article …
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Federal Circuit Exclusive Appellate Patent Jurisdiction: A Response To Chief Judge Wood, Harold C. Wegner
Federal Circuit Exclusive Appellate Patent Jurisdiction: A Response To Chief Judge Wood, Harold C. Wegner
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
Federalism And Business Decisions In The October 2005 Term, Carter G. Phillips
Touro Law Review
No abstract provided.
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
Explaining The Supreme Court's Interest In Patent Law, Timothy R. Holbrook
IP Theory
No abstract provided.
Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda Beshears Cook
Copyright And Freedom Of Expression: Saving Free Speech From Advancing Legislation, Amanda Beshears Cook
Chicago-Kent Journal of Intellectual Property
The Supreme Court has expressly recognized the possibility of a First Amendment defense to copyright infringement claims, but it has never actually found such a defense to apply to a case before it. And nearly every year, Congress enacts or attempts to enact more legislation that restricts speech under the banner of the copyright clause. The problem is that the natural right of free speech is being depleted by the legislatively granted right of intellectual property, putting both individual liberty and the public good at risk. Congress and the courts both must begin to acknowledge that in the common law …
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz
IP Theory
No abstract provided.
Gaylord V. United States, Jeffrey Lawhorn
Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi
Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi
NYLS Law Review
No abstract provided.
Panel I: The Patent Landscape With Bilski On The Map, Jeanne Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy
Panel I: The Patent Landscape With Bilski On The Map, Jeanne Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Court Closes The Door On Inventors, Open A Window For Business-Method Patents, Kristin Wall
Court Closes The Door On Inventors, Open A Window For Business-Method Patents, Kristin Wall
Intellectual Property Brief
No abstract provided.
What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss
What The Federal Circuit Can Learn From The Supreme Court-And Vice Versa, Rochelle Cooper Dreyfuss
American University Law Review
No abstract provided.
Does The Supreme Court Still Matter?, Timothy B. Dyk
Does The Supreme Court Still Matter?, Timothy B. Dyk
American University Law Review
No abstract provided.
Raising The Dead: How The Ninth Circuit Avoided The Supreme Court's Guidelines Concerning Aesthetic Functionality And Still Got Away With It In Au-Tomotive Gold, Yevgeniy Markov
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell
The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell
American University Law Review
No abstract provided.
Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin
Medical Law And Ethics In The Post-Autonomy Age, Roger B. Dworkin
Indiana Law Journal
No abstract provided.
No-Challenge Termination Clauses: Incorporating Innovation Policy And Risk Allocation Into Patent Licensing Law, Christian Chadd Taylor
No-Challenge Termination Clauses: Incorporating Innovation Policy And Risk Allocation Into Patent Licensing Law, Christian Chadd Taylor
Indiana Law Journal
No abstract provided.
The Misuse Doctrine And Post Expiration-Discriminatory-And Exorbitant Patent Royalties, Larry R. Fisher
The Misuse Doctrine And Post Expiration-Discriminatory-And Exorbitant Patent Royalties, Larry R. Fisher
Indiana Law Journal
No abstract provided.