Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Science and Technology Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 7111 - 7140 of 8854

Full-Text Articles in Law

The Inequitable Conduct Defense Lives On: 2003 Federal Circuit Decisions And Their Impact, 3 J. Marshall Rev. Intell. Prop. L. 189 (2004), Alan M. Kowalchyk, Thomas R. Johnson Jan 2004

The Inequitable Conduct Defense Lives On: 2003 Federal Circuit Decisions And Their Impact, 3 J. Marshall Rev. Intell. Prop. L. 189 (2004), Alan M. Kowalchyk, Thomas R. Johnson

UIC Review of Intellectual Property Law

The inequitable conduct defense remains a viable defense in patent litigation today, as illustrated in four 2003 Federal Circuit decisions. Though an alleged patent infringer must establish the elements of materiality and intent for a valid inequitable conduct defense, recent Federal Circuit decisions indicate that certain factual underpinnings bearing on materiality can raise an inference of intent. To most effectively counter this inference of intent, a plausible explanation for the questioned conduct should be provided by the patentee. However, in providing such plausible explanation, the patentee runs the risk of waiving privileged communications, which in turn may result in far …


“Intellectual Alchemy”: Securitization Of Intellectual Property As An Innovative Form Of Alternative Financing, 3 J. Marshall Rev. Intell. Prop. L. 307 (2004), John M. Gabala Jr. Jan 2004

“Intellectual Alchemy”: Securitization Of Intellectual Property As An Innovative Form Of Alternative Financing, 3 J. Marshall Rev. Intell. Prop. L. 307 (2004), John M. Gabala Jr.

UIC Review of Intellectual Property Law

While asset-securitization has been around since the early 1980’s, prior to the now widely known structuring of musician David Bowie’s music catalogue into saleable bonds in 1997, music royalties and copyrights were never before used in a securitization. At the time, Bowie’s catalogue had a proven royalty track record; however, the valuation of the actual bonds remained untested in the illegal music-downloading era of today. This comment explores the benefits of intellectual property-based securitizations and their common valuation approaches. In addition, it is argued that appropriate credit enhancements should be employed to protect future Bowie bond style deals against the …


Dividing The (Statutory) Baby Under Anton/Bauer: Using The Doctrine Of Implied License To Circumvent § 271(C) Protection For Components Of A Patented Combination, 3 J. Marshall Rev. Intell. Prop. L. 355 (2004), Daniel M. Lechleiter Jan 2004

Dividing The (Statutory) Baby Under Anton/Bauer: Using The Doctrine Of Implied License To Circumvent § 271(C) Protection For Components Of A Patented Combination, 3 J. Marshall Rev. Intell. Prop. L. 355 (2004), Daniel M. Lechleiter

UIC Review of Intellectual Property Law

In proscribing contributory infringement of patents, § 271(c) of Title 35 of the United States Code unambiguously provides statutory protection for certain unpatented components of patented combinations and certain unpatented materials or apparatuses used in patented processes. The doctrine of implied license provides a viable defense against claims of contributory infringement. Such a finding may result from a variety of related doctrines, such as the exhaustion doctrine or the doctrine of equitable estoppel. However, unlike the Supreme Court’s application of the former doctrine in Dawson Chemical Co. v. Rohm & Haas Co., involving an unpatentedchemical used in a patented process, …


What A Long, Strange “Trips” It’S Been: Compulsory Licensing From The Adoption Of Trips To The Agreement On Implementation Of The Doha Declaration, 3 J. Marshall Rev. Intell. Prop. L. 331 (2004), Mark C. Lang Jan 2004

What A Long, Strange “Trips” It’S Been: Compulsory Licensing From The Adoption Of Trips To The Agreement On Implementation Of The Doha Declaration, 3 J. Marshall Rev. Intell. Prop. L. 331 (2004), Mark C. Lang

UIC Review of Intellectual Property Law

Startling numbers of people die every day because they do not have access to essential medicines and treatment for diseases such as HIV/AIDS, particularly in Africa and Asia. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was established by the World Trade Organization (WTO) to set a minimum level of protection of intellectual property rights across international borders, as well as promote and protect the welfare of humanity. This Comment reviews the history of the TRIPS Agreement, including the most recent adoption of the WTO relating to the issuance of compulsory licenses. Specifically, this Comment suggests that the …


“Shamnesty” Vs. Amnesty: Can The Riaa Grant Immunity To File-Sharers From Copyright Infringement Lawsuits?, 3 J. Marshall Rev. Intell. Prop. L. 279 (2004), Natosha Cuyler-Sherman Jan 2004

“Shamnesty” Vs. Amnesty: Can The Riaa Grant Immunity To File-Sharers From Copyright Infringement Lawsuits?, 3 J. Marshall Rev. Intell. Prop. L. 279 (2004), Natosha Cuyler-Sherman

UIC Review of Intellectual Property Law

The Recording Industry Association of America (RIAA) is the industry trade association for sound and music recordings and represents various music companies, songwriters, and music artists. One of the main functions of the RIAA is to enforce its members’ copyrights. The RIAA is currently representing members in copyright infringement lawsuits. As an alternative to being sued, the RIAA announced that it would grant amnesty to file sharers who voluntarily identified themselves and promised to stop illegally sharing music. In reality, non-RIAA members and even RIAA members themselves can still sue file sharers because the organization itself does not have the …


Recent Developments In Trademark Law: The Ongoing Refinement Of Rights, 3 J. Marshall Rev. Intell. Prop. L. 258 (2004), Chad Doellinger Jan 2004

Recent Developments In Trademark Law: The Ongoing Refinement Of Rights, 3 J. Marshall Rev. Intell. Prop. L. 258 (2004), Chad Doellinger

UIC Review of Intellectual Property Law

The year 2003 saw a great deal of activity in the ongoing development of trademark law. While the law both reconnected with its bricks-and-mortar roots and expanded to accommodate new fact patterns in the late 1990’s and early 2000’s, 2003 saw the beginning of a doctrinal contraction, with a requirement to tie inchoate harms to empirical foundations. Additionally, several issues of first impression were resolved, including the conclusion that domain names are a form of property. While 2003 saw a contraction of trademark rights, this is not necessarily a negative development for trademark owners. Instead, courts are merely refining the …


Navigating The Bramble Bush In Idea Submission Cases, 4 J. Marshall Rev. Intell. Prop. L. 36 (2004), Lisa Pearson Jan 2004

Navigating The Bramble Bush In Idea Submission Cases, 4 J. Marshall Rev. Intell. Prop. L. 36 (2004), Lisa Pearson

UIC Review of Intellectual Property Law

Today’s law of idea submissions is a proverbial bramble bush for a variety of reasons. Both the legal theories of recovery and the viability of such claims differ widely from state to state. In addition, notwithstanding the vast body of idea-submission law, there are still many open issues. These complex, fact-specific cases still manage to ensnare plaintiffs and defendants alike in years of litigation. As such, finding one’s way through the bramble bush to defend against idea submission claims is a daunting task. This article provides a map designed to help the litigator navigate the thicket. Following the trail is …


The Accidental And Inherent Anticipation Doctrines: Where Do We Stand And Where Are We Going?, 4 J. Marshall Rev. Intell. Prop. L. 63 (2004), Anne Brown, Mark Polyakov Jan 2004

The Accidental And Inherent Anticipation Doctrines: Where Do We Stand And Where Are We Going?, 4 J. Marshall Rev. Intell. Prop. L. 63 (2004), Anne Brown, Mark Polyakov

UIC Review of Intellectual Property Law

It is often unclear when a prior occurrence or disclosure of a claimed invention falls under the patent law doctrines of inherent or accidental anticipation. Courts have applied various tests in determining whether anticipation is inherent or accidental, and the cases are difficult to reconcile. Tests seemingly dispositive to establish an accident in one case may also appear dispositive to establish inherency. As a result of our analysis, we have developed a two-step test that can be used to reconcile the two doctrines and determine whether a product or process anticipates. The first prong is concerned with whether the prior …


Trademark Surveys: Development Of Computer-Based Survey Methods, 4 J. Marshall Rev. Intell. Prop. L. 91 (2004), Robert H. Thornburg Jan 2004

Trademark Surveys: Development Of Computer-Based Survey Methods, 4 J. Marshall Rev. Intell. Prop. L. 91 (2004), Robert H. Thornburg

UIC Review of Intellectual Property Law

Courts have continually utilized surveys to show evidence of secondary meaning, genericness, dilution, and functionality in trademark litigation. In conducting a trademark survey, an expert must consider various factors that may affect the admissibility of the survey in court, including assuring the correct universe of respondents are questioned, implementing controls, and verifying the results. In light of these considerations, as well as the ever-changing environment of consumer shopping, the manner and mode of survey that a court accepts as appropriate must adapt to these conditions. The use and acceptance of online and computer-based surveys is not currently well received by …


Football's Intellectual Side: The Nfl Versus Super Bowl Parties And The Story Of The Fifty-Five Inch Television, 4 J. Marshall Rev. Intell. Prop. L. 125 (2004), Michael M. Fenwick Jan 2004

Football's Intellectual Side: The Nfl Versus Super Bowl Parties And The Story Of The Fifty-Five Inch Television, 4 J. Marshall Rev. Intell. Prop. L. 125 (2004), Michael M. Fenwick

UIC Review of Intellectual Property Law

The increasing popularity of the National Football League’s Super Bowl Championship has spawned an increasing number of private parties, some that employ projection-screen televisions measuring up to twenty feet diagonally. Only days before the 2004 Super Bowl, the NFL sent cease-and-desist letters to a number of business proprietors claiming display of the broadcast on televisions larger than fifty-five inches diagonally violated the NFL’s rights under 17 U.S.C. § 110(5). This Comment will show that because 17 U.S.C. § 110(5) was written to protect authors within the music industry, its application to broadcast television fails because of television’s fundamentally different business …


Developments In Patent Law 2004, 4 J. Marshall Rev. Intell. Prop. L. 1 (2004), Harold C. Wegner Jan 2004

Developments In Patent Law 2004, 4 J. Marshall Rev. Intell. Prop. L. 1 (2004), Harold C. Wegner

UIC Review of Intellectual Property Law

There are a great number of patent law doctrines that are currently under reconsideration by the Federal Circuit. These doctrines include patent claim construction under the 2006 Phillips case, the problem of foreign activity being used as patent-defeating prior art as shown in the recent Elsner case, the growing challenge of extraterritorial acts as patent infringement as presented in the 2004 expected cases of Blackberry and Eolas, the “Rule 105” implications for patent office practice in Sta Fruits, the change in willful infringement law set forth in the recent KnorrBremse case, the continuing problem of co-inventorship recurring in Xechem, the …


Reducing The Need For Markman Determinations, 4 J. Marshall Rev. Intell. Prop. L. 53 (2004), Robert H. Resis Jan 2004

Reducing The Need For Markman Determinations, 4 J. Marshall Rev. Intell. Prop. L. 53 (2004), Robert H. Resis

UIC Review of Intellectual Property Law

The uncertainty as to whether claim interpretation decisions will survive appeal is an ever growing concern as the Federal Circuit’s reversal rate of lower court claim interpretations averages fifty percent. At a minimum, uncertainty in claim construction prolongs patent infringement disputes. Moreover, the reality is that many times it is the uncertainty of a claim’s scope and meaning that leads to litigation in the first place. In order to alleviate this stress on patentees, competitors and the federal court system, most if not all questions regarding the scope and meaning of claim terms should be clarified by the applicant during …


Does David Need A New Sling? Small Entities Face A Costly Barrier To Patent Protection, 4 J. Marshall Rev. Intell. Prop. L. 184 (2004), Jeff A. Ronspies Jan 2004

Does David Need A New Sling? Small Entities Face A Costly Barrier To Patent Protection, 4 J. Marshall Rev. Intell. Prop. L. 184 (2004), Jeff A. Ronspies

UIC Review of Intellectual Property Law

The cost of enforcing patent rights is discouraging the small-entity inventor from seeking out patent protection. The United States Patent and Trademark Office favors the “small entity” by reducing fees, but the world of infringement litigation offers no such discount. For the small entity, the costs related to asserting or defending its patent rights against a well-funded adversary often exceed the benefits of patent ownership. These inventors, in weighing the high costs of patent protection against the potential profits, may simply choose to not patent their innovations. Such a decision would deprive the public of the invention’s disclosure and ultimately …


The Art And Science Of Genetic Modification: Re-Engineering Patent Law And Constitutional Orthodoxies (The Harry T. Ice Chair Inaugural Lecture), Yvonne Cripps Jan 2004

The Art And Science Of Genetic Modification: Re-Engineering Patent Law And Constitutional Orthodoxies (The Harry T. Ice Chair Inaugural Lecture), Yvonne Cripps

Indiana Journal of Global Legal Studies

The Harry T. Ice Chair Inaugural Lecture


Ownership Of Human Tissue: A Proposal For Federal Recognition Of Human Research Participants' Property Rights In Their Biological Material, Donna M. Gitter Jan 2004

Ownership Of Human Tissue: A Proposal For Federal Recognition Of Human Research Participants' Property Rights In Their Biological Material, Donna M. Gitter

Washington and Lee Law Review

No abstract provided.


Law As Film: Representing Justice In The Age Of Moving Images, Shulamit Almog, Ely Aharonson Jan 2004

Law As Film: Representing Justice In The Age Of Moving Images, Shulamit Almog, Ely Aharonson

Canadian Journal of Law and Technology

Two main theses are presented here. The first is that there is a conceptual resemblance between the ways in which messages are transmitted in the courtroom and the ways in which they are transmitted in the cinema. The second is that the evolution of legal procedure is being influenced by developments taking place in visual culture generally and film specifically. Taken together, these theses lead to the conclusion that the development of a theory of ‘‘law-as-film’’ can provide insights into the contemporary practice of law that might otherwise be overlooked.


Book Review. Gunning, J. And H. Szoke, Eds. The Regulation Of Assisted Reproductive Technology, Jennifer Bryan Morgan Jan 2004

Book Review. Gunning, J. And H. Szoke, Eds. The Regulation Of Assisted Reproductive Technology, Jennifer Bryan Morgan

Articles by Maurer Faculty

No abstract provided.


Copyright Protection For Federally Funded Research: Necessary Incentive Or Double Subsidy?, Samuel E. Trosow Jan 2004

Copyright Protection For Federally Funded Research: Necessary Incentive Or Double Subsidy?, Samuel E. Trosow

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Jonathan H. Adler Jan 2004

Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Jonathan H. Adler

Faculty Publications

What I want to talk about are some legal issues relating to labeling and, in particular, constitutional issues relating to mandatory labeling for genetically modified foods or food products that may contain genetically modified components. This is a separate issue from whether or not the FDA, or some other agency, has sufficient statutory authority at present to mandate labeling, and that is something worth discussing. Even if they do have such authority, or even if Congress tomorrow were to give the FDA such authority or were to require the FDA to impose labels on genetically modified foods, or if a …


Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Gerald Korngold Jan 2004

Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Gerald Korngold

Articles & Chapters

No abstract provided.


Musical Copyright Law: Past, Present And Future Of Online Music Distribution, Robert J. Delchin Jan 2004

Musical Copyright Law: Past, Present And Future Of Online Music Distribution, Robert J. Delchin

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Adr Of Patent Disputes: A Customized Prescription, Not An Over-The-Counter Remedy, Marion M. Lim Jan 2004

Adr Of Patent Disputes: A Customized Prescription, Not An Over-The-Counter Remedy, Marion M. Lim

Cardozo Journal of Conflict Resolution

Eureka! DoubleMe Corporation just discovered "Clone-IT." Believing "Clone-IT" to be the first invention of its kind, DoubleMe invested a great deal of resources into its inventive efforts and kept its research and experiments top secret. After DoubleMe completed the necessary paperwork and paid the requisite fees, the United States Patent and Trademark Office issued it a patent for "Clone-IT."


Table Of Contents, Journal On Telecommunications & High Technology Law Jan 2004

Table Of Contents, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.


Front Matter, Journal On Telecommunications & High Technology Law Jan 2004

Front Matter, Journal On Telecommunications & High Technology Law

Colorado Technology Law Journal

No abstract provided.


Introduction: A Regulatory Regime For The Internet Age, Philip J. Weiser Jan 2004

Introduction: A Regulatory Regime For The Internet Age, Philip J. Weiser

Colorado Technology Law Journal

No abstract provided.


Preserving Internet Freedom: Guiding Principles For The Industry, Michael K. Powell Jan 2004

Preserving Internet Freedom: Guiding Principles For The Industry, Michael K. Powell

Colorado Technology Law Journal

No abstract provided.


The Broadband Debate, A User's Guide, Tim Wu Jan 2004

The Broadband Debate, A User's Guide, Tim Wu

Colorado Technology Law Journal

No abstract provided.


Evolving Core Capabilities Of The Internet, J. Scott Marcus Jan 2004

Evolving Core Capabilities Of The Internet, J. Scott Marcus

Colorado Technology Law Journal

No abstract provided.


Video Games And Reverse Engineering: Before And After The Digital Millennium Copyright Act, Joe Linhoff Jan 2004

Video Games And Reverse Engineering: Before And After The Digital Millennium Copyright Act, Joe Linhoff

Colorado Technology Law Journal

No abstract provided.


Competition Policy For Mobile Broadband Networks, Howard A. Shelanski Jan 2004

Competition Policy For Mobile Broadband Networks, Howard A. Shelanski

Colorado Technology Law Journal

No abstract provided.