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Full-Text Articles in Law
Patentable Subject [Anti]Matter, Kristoffer Leftwich
Patentable Subject [Anti]Matter, Kristoffer Leftwich
Duke Law & Technology Review
The statements, "The laws of nature," "the principles of nature," "the fundamental truths," etc., are not patentable, have been oft repeated but seldom understandingly used. They have led to misunderstanding and much confusion, not limited to members of the bar. In fact, the words... are all words of broad and also elastic meaning and are frequently used carelessly and without any attempt at refined distinctions.
Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh
Internet Service Provider Liability For Contributory Trademark Infringement After Gucci, Gregory C. Walsh
Duke Law & Technology Review
[I]f a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer or distributor is contributorially responsible for any harm done as a result of the deceit.
Festo: Blessing To Patent Holders Or Thorn In Their Sides?, Jennifer Miller
Festo: Blessing To Patent Holders Or Thorn In Their Sides?, Jennifer Miller
Duke Law & Technology Review
The Supreme Court makes another attempt to strike a balance between protecting an inventor's patent rights and ensuring adequate notice to the public of what constitutes patent infringement. This iBrief discusses the Supreme Court ruling in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. and its foreseeable effects on the practice of patent law.
Software Patents: What One-Click Buy And Safe Air Travel Have In Common, Michael Guntersdorfer
Software Patents: What One-Click Buy And Safe Air Travel Have In Common, Michael Guntersdorfer
Duke Law & Technology Review
Have you ever sat in an airplane, typing on your laptop, when the darn thing crashes for the one-millionth time? Have you ever then thought about how the airplane you are sitting in is controlled by software, too--the technical term being "fly by wire"--and then started sweating uncontrollably? Software controls not only air traffic but plenty of other safety-critical technologies: the tightrope walk of controlling the chain reaction of radioactive elements in nuclear power plants; the navigation and activation of missiles;3 the moves and cutting-depth of a surgical laser when correcting eye-sights; the list goes on... With such reliance on …
Protecting Intellectual Capital In The New Century: Are Universities Prepared?, James Ottavio Castagnera, Cory R. Fine, Anthony Belfiore
Protecting Intellectual Capital In The New Century: Are Universities Prepared?, James Ottavio Castagnera, Cory R. Fine, Anthony Belfiore
Duke Law & Technology Review
In recent years, intellectual property has become increasingly important to academic institutions throughout the United States. As universities rely more heavily on trademarks and patents for additional revenue, questions arise as to whether these institutions are sufficiently protected by their current intellectual property policies. This iBrief explores the policies promulgated by a variety of academic institutions and assesses whether these universities are adequately protected by their policies.
The Extraterritorial Reach Of Trademarks On The Internet, Yelena Simonyuk
The Extraterritorial Reach Of Trademarks On The Internet, Yelena Simonyuk
Duke Law & Technology Review
The advent of the Internet means incredible opportunity for global interaction. Consumers in Asia can buy from a small business in Louisiana, and businesses can advertise to a much wider market for a fraction of the cost of traditional media. But these benefits come with a dilemma: what to do about trademark infringement on the Internet. In a virtual world with no borders, what (and where) is the law?
The Enola Bean Patent Controversy: Biopiracy, Novelty And Fish-And-Chips, Gillian N. Rattray
The Enola Bean Patent Controversy: Biopiracy, Novelty And Fish-And-Chips, Gillian N. Rattray
Duke Law & Technology Review
Should traditional knowledge be patentable? As the number of patents filed by large corporations for native crops has increased, activists have become concerned about the economic effects of these patents on indigenous people. This iBrief discusses the attempts by one group of activists to test the validity of such patents in the United States and explores the issue of biopiracy in the Third World.
An Interview With Caspar Bowden, Joseph Goodman
An Interview With Caspar Bowden, Joseph Goodman
Duke Law & Technology Review
Caspar Bowden (cb@fipr.org) is the author of a recent DLTR article, Closed Circuit Television for Inside Your Head: Blanket Traffic Data Retention and the EmergencyAnti-Terrorism Legislation. He is the Director of the Foundation for Information Policy Research (http://www.fipr.org), an independent non-profit think-tank that undertakes research on the interaction between information technology and society, technical developments with significant social impact, and public policy alternatives. He was formerly a consultant specializing in Internet security and e-commerce, senior researcher of an option-arbitrage trading firm, a financial strategist with Goldman Sachs, and chief algorithm designer for a virtual reality software house. We interviewed Mr. …
Court Gives Thumbs-Up For Use Of Thumbnail Pictures Online, Kelly Donohue
Court Gives Thumbs-Up For Use Of Thumbnail Pictures Online, Kelly Donohue
Duke Law & Technology Review
In the online world, where intellectual property rights can be violated with the simple click of a mouse, innovation sometimes finds itself engaged in a game of chicken with the law. Recently, online-photo-search engine Ditto.com played just such a game, taking their fight to the Ninth Circuit Court of Appeals. The Ninth Circuit's holding protects Ditto.com's use of copyrighted photos as transformative fair use. But the holding also addresses inline linking and framing, warning that they can violate copyright even in the face of a fair use.
Universal City Studios, Inc. V. Corley: The Constitutional Underpinnings Of Fair Use Remain An Open Question, Harry Mihet
Universal City Studios, Inc. V. Corley: The Constitutional Underpinnings Of Fair Use Remain An Open Question, Harry Mihet
Duke Law & Technology Review
At first blush, the Copyright Clause and the First Amendment of the United States Constitution appear to serve conflicting interests and to exist in irrevocable tension. On one hand, the Copyright Clause grants authors "the exclusive Right to their respective Writings and Discoveries," thereby prohibiting others from utilizing certain forms of expression. On the other hand, the First Amendment prohibits Congress from "abridging the freedom of speech" and expression. ;Thus, by simultaneously prohibiting the use of another's expression and safeguarding expression, the two provisions appear to be on a constitutional collision course.
Fraud And Enforceability: Potential Implications For Federal Circuit Litigation, Michael Kim
Fraud And Enforceability: Potential Implications For Federal Circuit Litigation, Michael Kim
Duke Law & Technology Review
Should fraudulent litigation tactics and testimony affect the validity of underlying patents? What results are possible if the enforceability of a patent turns on the conduct of the applying party not only before the Patent and Trademark Office, but also before circuit courts? The author of the following article considers these questions in light of the recent Aptix Corp. case.