Law Commons^™

Technology On The Factory Floor Ii: Benchmarking Manufacturing Technology Use In The Usa, Paul Swamidass

Paul Swamidass

This monograph is the result of the second joint effort of the Manufacturing Institute of the National Association of Manufacturers (NAM) and the author for studying the use of fifteen different manufacturing technologies in the US. Timely support by the National Science Foundation enabled this second study to be expanded to a larger number of participants. A total of 1,121 members of NAM participated in this study. Hard technologies studied were: AGV, CAD, CAM, CIM, CNC, FMS, LAN, Robotics and automated inspection, and soft technologies studied were: TQM, JIT, SQC, MRP, MRP II, and manufacturing cells.

Selected findings are: CAD, …

Assertive Modesty: An Economics Of Intangibles, Wendy J. Gordon

Faculty Scholarship

At the center of our Symposium stand two papers: "A Manifesto Concerning the Legal Protection of Computer Programs" (Manifesto) and "Legal Hybrids: Between the Patent and Copyright Paradigms" (Legal Hybrids). Both are stimulating. Both are lengthy. As a result, my primary role is that of a guide: this Comment will summarize the authors' proposals, analyze certain aspects in greater detail, and outline their explicit and implicit methodologies. Part I of the Comment describes the papers' positions and methodologies. Part II highlights some of the papers' many contributions to the literature, and offers some other evaluative observations.

The Exemption From Patent Infringement And Declaratory Judgments: Misinterpretation Of Legislative Intent?, Amy Stark

San Diego Law Review

This Comment explores the Drug Price Competition and Patent Term Restoration Act of 1984. This statute was enacted to encourage expenditure in the areas of pharmaceutical and medical inventions, and to ensure greater competition in these fields at an earlier date after relevant patents expire. The author argues that courts' interpretations of this act may be preventing these original goals of Congress from being met. Several courts have based denial of declaratory judgments upon this statute. The author argues that if the statute is interpreted as requiring the denial of all declaratory judgment suits, the statute may actually discourage companies …

Intellectual Property Right Protections In The Republic Of China: Biotechnology And Pollution Control, Joi Cary

Buffalo Journal of International Law

No abstract provided.

Enablement In Biotechnology Cases After In Re Goodman, John C. Todaro

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Enforcement Of Intellectual Property Protection Between Mexico And The United States: A Precursor Of Criminal Enforcement For Western Hemispheric Integration?, Bruce Zagaris, Alvaro J. Aguilar

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Holding Producers And Distributors Liable For The Harms Of Sexually Violent Pornography Through Tort Law, Elizabeth K. Fuller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

United States V. Knox: Protecting Children From Sexual Exploitation Through The Federal Child Portonography Laws, Annemarie J. Mazzone

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Product-By-Process Patent Claims: Majority Of The Court Of Appeals For The Federal Circuit Forgets Purpose Of The Patent Act, Mark D. Passler

University of Miami Law Review

No abstract provided.

Environmentally Dependent Inventions And The "On Sale" And "Public Use" Bars Of § 102(B): A Proffered Solution To A Statutory Dichotomy, James A. Jorgensen

University of Miami Law Review

No abstract provided.

Brief Amicus Curiae Of Eleven Copyright Law Professors In Princeton University Press V. Michigan Document Services, Inc., L. Ray Patterson

Scholarly Works

The issue dealt with in this amici curiae brief is the judicial ability (or inability) to take away rights granted by Congress in 17 U.S.C. S 107, the fair use doctrine.

On June 9, 1994, the United States District Court for the Eastern District of Michigan, Southern Division, issued an opinion in Princeton University Press v. Michigan Document Services, Inc., granting several publishers a permanent injunction prohibiting a commercial copying service from photocopying excerpts from copyrighted works chosen by professors and compiled as course packets to be used by university students in class. The court held that such photocopying was …

Of "Ugly Stiks" And Uglier Case Law: A Comment On The Federal Registration Of Functional Designs After Shakespeare Co. V. Silstar Corp. Of America, Theodore H. Davis, Jr.

Washington and Lee Law Review

No abstract provided.

Review Of: Ann Rappaport, Development And Transfer Of Pollution Prevention Technology, Kristina M. Jahns

RISK: Health, Safety & Environment (1990-2002)

Review of: Ann Rappaport, Development and Transfer of Pollution Prevention Technology (Quorum Books 1993). Appendices, bibliographical references, figures, index, preface, tables. LC 93-292; ISBN 0-89930-816-3 [203 pp. Cloth $55.00. 88 Post Road West, Westport CT 06881.]

Letter To J.S.G. Boggs, Wendy J. Gordon

Scholarship Chronologically

Money originally was just a way of measuring. Cattle at first. When metal: being sure of the weight & purity of the metal. Metal as purchasing power = value as coinage. Bring bullion to the mint: they'd test it, weigh it, and give it back as coins.

Lost And Foundry: Forging A New Approach To Patent Licensing Agreements, Lawrence D. Graham

Washington Law Review

The Federal Circuit has been inconsistent in its treatment of patent licensing agreements held by foundries. Recently, the Federal Circuit held that a foundry contract is a sale of goods that severs the right of the patentee with respect to the buyer under the patent exhaustion doctrine. In addition, it held that the applicable license would be construed to allow foundry rights unless the patentee could prove otherwise. This Note analyzes a string of Federal Circuit cases involving foundries and patent licenses. It concludes that a foundry contract should be viewed as a sale of services rather than a sale …

Newscasts As Property: Will Retransmission Consent Stimulate Production Of More Local Television News?, Lorna Veraldi

Federal Communications Law Journal

The Cable Act of 1992 required, for the first time, that cable systems receive the consent of broadcast stations to retransmit their signals. While the fees that some stations had hoped to extract from the cable systems have generally not materialized, broadcasters may be able to use their expertise in the provision of local news and programming to gain additional cable channel space for this local-interest programming. The Author explores the historical interaction and conflict between cable systems and local broadcasters over retransmission rights. The Author also examines the courts' and FCC's responses to the copyright issues surrounding retransmission. Focusing …

Revision Of The Japanese Patent And Utlility Model System, Nobuo Monya, Marvin Motsenbocker, Hiroki Mitsumata

Washington International Law Journal

As part of the international harmonization of industrial property rights, in the summer of 1992 a U.S. advisory committee published recommendations concerning revisions to the patent system. The Industrial Property Council of Japan also published a report at the end of 1992 concerning revisions to the patent law and utility model law. Soon thereafter the U.S. administration in Washington changed, and the U.S. position on patent law harmonization became unclear. Japan, however, enacted its report into legislation. Japan revised the relevant parts of its Patent Law (Law No. 26 of 1993) on April 16, 1993, and the revisions were promulgated …

Vagueness And Enforceability: Potential Problems Of The 1991 Thai Trademark Act, Sakda Thanitcul

Washington International Law Journal

In 1991, Thailand adopted a new Trademark Act, which, among other goals, increased protection of trademark and service mark agreements. However, enforcement of these new rules has not been clearly defined. In the first portion of this article, the author examines the new rules for trademark agreements in Thailand. These rules give extensive discretion to the Thai Registrar, yet have potential problems in enforcing standards such as quality control. The next section examines Thai public policy, and analyzes how other industrialized nations enforce their policies on trademarks. Finally, the article recommends that Thailand increase quality control, and more carefully define …

Software Copyright Infringement Claims After Mai Systems V. Peak Computer, Trinnie Arriola

Washington Law Review

In MAI Systems Corp. v. Peak Computer, Inc. the Ninth Circuit Court of Appeals held that Peak committed copyright infringement by running MAI operating system software incidental to Peak's repair of the computer system. The court rejected Peak's section 117 defense under the Copyright Act because it refused to recognize a licensee of computer software as an "owner" of a copy of software. This Note argues that the decision contravenes both the substance and principles of federal copyright law, and unnecessarily harms computer owners. It suggests a two-tiered analysis that courts should follow when evaluating copyright infringement claims involving software …

Payment Demands For Spurious Copyrights: Four Causes Of Action, Paul J. Heald

Scholarly Works

“COPYING IS ILLEGAL” declares the final page of the chorus from the Bach cantata lying to the right of my computer. The slogan is ingeniously printed in gray across the entire page so that it will show up clearly if any photocopies are made. The first page of the text contains the copyright symbol and the name and address of the “sole selling agent” of the putative copyright owner. Apparently, the copyright claimant would prefer to sell additional copies of the music rather than receive royalties for copying done by users. “ALL COPYING IS ILLEGAL” states the edition of Shakespeare's …

Counter-Manifesto: Student-Edited Reviews And The Intellectual Properties Of Scholarship, Wendy J. Gordon

Faculty Scholarship

In the great scheme of things, how important are the problems with law reviews? Jim Lindgren's essay is a bit overheated, even for someone enamored f polemic as a literary form. But he does have a point: if law reviews are going to be published, the task should be done better than it is. That does not mean getting rid of student law reviews. Not even for Jim - but it does require patience and further inquiry into the nature of legal scholarship.

The Wright Enabling Disclosure For Biotechnology Patents, Karen S. Canady

Washington Law Review

The disclosure in a patent specification must enable others to make and use the claimed invention. In the competitive biotechnology industry, companies often seek broad claims to protect contemplated embodiments of their inventions that have not yet been reduced to practice. In In re Wright, the Federal Circuit recently challenged this approach when it upheld the rejection, for lack of enablement, of all but the narrowest claims to a vaccine genetically engineered to protect against retroviruses. This decision unreasonably elevates the established standard for enablement by limiting biotechnological patent protection to only those embodiments of a claimed invention whose success …

Panel Iii: Cable Versus The Telephone Companies: Can Telephone Companies Be Constitutionally Barred From Delivering Video Programming? , David E. Bronston, James J. Gilligan, Mark C. Hansen, Joseph A. Post

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Constitutionality Of Current Crime Victimization Statutes: A Survey , Debra A. Shields

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Midi Files: Copyright Protection For Computer-Generated Works, Christos P. Badavas

William & Mary Law Review

No abstract provided.

Overview Of Federal Technology Transfer, Lawrence Rudolph

RISK: Health, Safety & Environment (1990-2002)

Mr. Rudolph reviews approximately thirteen years of legal and political developments that have contributed to laws governing the extent to which private firms may secure rights in technology at least partly developed with federal funds.

The Human Genome Project And The Downside Of Federal Technology Transfer, Christopher J. Harnett

RISK: Health, Safety & Environment (1990-2002)

Mr. Harnett argues that emphasizing technology transfer at institutions such as the National Institutes of Health will interfere with what should be regarded as their primary mission, basic research.

Unbundling Value In Electronic Information Products: Intellectual Property Protection For Machine Readable Interfaces, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Patent & Trademark Depository Library Association Newsletter

Journal of the Patent and Trademark Resource Center Association

No abstract provided.

Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham

Federal Communications Law Journal

In the entertainment industry idea theft is rampant. Because copyright protects only fixed expressions, a legal remedy does not always exist to stop the unattributed and unrewarded use of plot ideas. By incorporating elements from existing copyright and contract law, this Note proposes the creation of a "concept initiator" credit to protect fully developed ideas even where copyright cannot attach. The Author argues that the credit and the three-part test to determine when the credit applies will protect ideas from theft without drastically increasing the number of frivolous lawsuits.