Law Commons^™

The Mixed Case For A Ptab Off-Ramp, Saurabh Vishnubhakat

Chicago-Kent Journal of Intellectual Property

No abstract provided.

State Immunity And The Patent Trial And Appeal Board, Tejas N. Narechania

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Copyright & Roster

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Sovereign Immunity: A “Get Out Of Jail Free” Card For State Patent Owners At The Ptab, Anthony Zucchero, Warren Thomas

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Navigating Uncertainty — Addressing Purely Functional Claim Limitations In A Post-Williamson World With Ongoing Ptab Climate Change, Kenneth Darby, Rick Bisenius

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Table Of Contents

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Indefiniteness In Inter Partes Review: The Existing Quagmire And A Path Forward, Christopher S. Geyer, Daniel C. Tucker, Jency J. Mathew

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Precedential Opinion Panel Resolves Conflicts In Ptab Opinions On Joinder: The Role Of Amicus Briefs, Jihong Lou, Matthew W. Johnson, Chris Z. Liu

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Explain Yourself: Federal Circuit Review Of Ptab Decisions Under The Apa, M. Andrew Holtman, Clara N. Jiménez, Samhitha Muralidhar Medatia

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Copyright & Roster

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Proposal To Expedite Joinder In Inter Partes Review, Andrew S. Baluch, Teresa Stanek Rea

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Table Of Contents, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

Preface, Peter L. Strauss

Chicago-Kent Law Review

No abstract provided.

Information Mischief Under The Trump Administration, Nathan Cortez

Chicago-Kent Law Review

The Trump administration has used government information in more cynical ways than its predecessors. For example, it has removed certain information from the public domain, scrubbed certain terminology from government web sites, censored scientists, manipulated public data, and used “transparency” initiatives as a pretext for anti-regulatory policies, particularly environmental policy. This article attempts to tease out an emerging “information policy” for the Trump administration, explain how it departs from the information policies of predecessors, and evaluate the extent to which both legal and non-legal mechanisms might constrain executive discretion.

Civil Servant Disobedience, Jennifer Nou

Chicago-Kent Law Review

Bureaucratic resistance is a historically unexceptional feature of the administrative state. What is striking is the extent to which it has become publicly defiant under the Trump Administration. Civil servants are openly defying executive directives in their official capacity, despite strong norms to the contrary. The social practice raises both parallels and contrasts to civil disobedience by private citizens; it thus similarly raises the need for sustained scholarly debate. This article seeks to isolate the phenomenon of civil servant disobedience conceptually and begin an exploration into its normative implications. In particular, it considers the ideal of a reciprocal hierarchy, whereby …

Regulatory Review In Anti-Regulatory Times, Daniel A. Farber

Chicago-Kent Law Review

This article investigates the role of cost-benefit analysis during an antiregulatory period. The period since 2016 has seen several new developments, including the first vigorous use by Congress of its power to overturn recently issued regulations and the creation of novel deregulatory mechanisms layered on top of cost-benefit analysis. This period also contains important examples of sharply reversed CBAs, in which regulations that were said to have large net benefits under Obama are instead said to have net costs under Trump. The Trump Administration’s regulatory review initiatives focus heavily on costs, with limited attention to benefits. Case studies of three …

Prosecutors At The Periphery, Peter M. Shane

Chicago-Kent Law Review

Contrary to so-called unitary executive theory, Article II does not guarantee presidents the power to control federal criminal prosecution, a supervisory role Congress has placed by statute with the Attorney General. Nor is Congress without authority to protect federal prosecutors from policy-based dismissals. Rule-of-law values embodied in our system of checks and balances could alone justify these conclusions. But the same conclusions follow also from close attention to the entirety of the relevant constitutional text and from an understanding of how the Founding generation would have understood the relationship between executive power and criminal prosecution. In contemplating the newly proposed …

Executive Rulemaking And Democratic Legitimacy: "Reform" In The United States And The United Kingdom's Route To Brexit, Susan Rose-Ackerman

Chicago-Kent Law Review

Established public law principles are under strain from the prospect of Brexit in the United Kingdom and the Trump Administration in the United States. In the United Kingdom the Parliament is playing an increasingly important role in overseeing the Government, and the judiciary is beginning to support democratic accountability in executive policymaking. In the United States, possible statutory changes and the power of the president to reshape the public administration are of concern. Although in the United States the most draconian measures will likely die with the return of the House to Democratic Party control, they may remain on the …

Deregulatory Splintering, William W. Buzbee

Chicago-Kent Law Review

When new administrations arrive and consider agency policy changes, they often must choose what actions to take in court or through regulatory process. They may seek to stay an existing regulation, rescind, or possibly replace it. This article assesses strategic uses of, and responses to, agencies that pursue deregulatory rollbacks through a splintered series of steps. Through such splintering, agencies sometimes seek to avoid direct apples-to-apples comparison of the baseline regulation and new proposal, also often squelching opportunities for comment. They may seek to achieve a deregulatory outcome without the full process, disclosure, and reason-giving that ordinarily must accompanying any …

The Regulatory Accountability Act And The Future Of Apa Revision, Ronald M. Levin

Chicago-Kent Law Review

This article seeks to take stock of the Regulatory Accountability Act (RAA), a set of proposals to amend the Administrative Procedure Act (APA). House and Senate versions of the proposed Act have been pending in Congress since 2011, although the impending advent of Democratic control of the House may halt further progress on the bills in their present form. Some provisions in the RAA are desirable or at least supportable, because they would codify elements of current practice or make minor repairs to the APA. But other aspects of the bill are controversial and troubling. Among them are sections that …

Algorithms And Human Freedom, Richard Warner, Robert Sloan

All Faculty Scholarship

Predictive analytics such as data mining, machine learning, and artificial intelligence drive algorithmic decision making. Its "all-encompassing scope already reaches the very heart of a functioning society". Unfortunately, the legal system and its various tools developed around human decisionmakers cannot adequately administer accountability mechanisms for computer decision making. Antiquated approaches require modernization to bridge the gap between governing human decision making and new technologies. We divide the bridge-building task into three questions. First, what features of the use of predictive analytics significantly contribute to incorrect, unjustified, or unfair outcomes? Second, how should one regulate those features to make outcomes more …

The Internet Adopts Two-Way Radio, Henry Perritt

All Faculty Scholarship

The Internet, having displaced conventional correspondence with email, having displaced traditional libraries with online ones, having revolutionized shopping, having uprooted television and movies, now is absorbing police, fire, ambulance, and public utility two-radio systems.Digital radio technologies combine with Internet switching of transmitters, receivers, and networks, so that a police officer can talk to an ambulance driver or a train dispatcher across the state or across the country. Specialized cellphones are becoming indistinguishable from walkie-talkies. Cellular telephone channels replace two-way-radio air links.Integration of “private mobile radio” into the Internet is the result of specific advances in radio and networking technology that …

Vol. 36, No. 2, Lisa R. Callaway, Rebecca C. Barnard

The Illinois Public Employee Relations Report

Labor Relations Collaboration from Start to Finish: A Case Study on a First Contract for Westminster Colorado Firefighters, by Lisa R. Callaway and Rebecca C. Barnard

Recent Developments

The Patent On-Sale Bar Post-Helsinn And Its Effect On The Pharmaceutical Industry, Raja Chatterjee

Chicago-Kent Journal of Intellectual Property

The purpose of the patent on-sale bar is to discourage inventors from misusing the patent system and unfairly extending their patent exclusivity period. In Helsinn Healthcare v. Teva Pharmaceuticals, the Federal Circuit has distorted this doctrine far beyond its purpose. By including non-public business transactions within the scope of the on-sale bar, the Federal Circuit’s decision contradicts legislative history and express statutory language from the America Invents Act (“AIA”). This interpretation also makes the U.S. the only major patent system where a non-public sale can lead to the forfeiture of an inventor’s patent rights. The inclusion of non-public agreements within …

Is The Federal Circuit Learning Its Lessons? A Case Study Of Bpcia Preemption, Mary Lafleur

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Harmonizing The Liner Notes: How The Usco’S Adoption Of Metadata Standards Will Improve The Efficiency Of Licensing Agreements For Audiovisual Works, Michael Reed

Chicago-Kent Journal of Intellectual Property

It is no secret that making a living as a musician is not as lucrative of a proposition as it was a generation ago. For this reason, musicians have had to diversify their sources of income. Placement of a song in advertisements, film, or television programs have become an integral part of many successful musician’s careers, but far too many independent artists still find these opportunities out of reach. This disparity is often the result of technical deficiencies in the audio files submitted for consideration, making it difficult to identify and contact the requisite rights holders in order to negotiate …

Huge Numbers Of Patent Cases: How One District Judge Manages Them - The 2018 Supreme Court Ip Review Address, The Honorable William Alsup

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Copyright Protection For Conceptually Separable Artistic Features Post-Star Athletica: A Useful Article On Useful Articles, Daan G. Erikson

Chicago-Kent Journal of Intellectual Property

In the wake of the U.S. Supreme Court’s ruling in Star Athletica v. Varsity Brands in 2017, U.S. federal district courts and the Copyright Office Review Board have grappled with the Supreme Court’s reimagined conceptual separability test for determining the copyrightability of artistic aspects of useful articles. An examination of the decisions in the first eighteen months post-Star Athletica reveals district courts have interpreted the Supreme Court’s guidance inconsistently, with some courts adding language to the test and even using overruled portions of previous tests. The author takes an empirical approach to evaluating such decisions and the trends that …

A Tale Of Two Approaches: Analysis Of Responses To Eu’S Fta Initiatives On Geographical Indications (Gis), Masayoshi Omachi

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Crime Of Product Counterfeiting: A Legal Analysis Of The Usage Of State-Level Statutes, Kari Kammel Esq., Brandon A. Sullivan Ph.D., Lorryn P. Young

Chicago-Kent Journal of Intellectual Property

This legal analysis of the state-level trademark counterfeiting criminal enforcement framework in the United States (“U.S.”) scrutinizes the use and non-use of state statutes to prosecute and convict trademark counterfeiters. Relying on state-level appellate court cases and conviction data, we found: (1) states inconsistently use and interpret criminal anti-counterfeiting statutes across the U.S.; and (2) strategies for building evidence in trademark counterfeiting criminal cases are strongest when based on cooperation with the victim (trademark owner). Based on our findings, to improve state-level anti-counterfeiting efforts, we recommend several best practices:

• Adoption of specific criminal trademark counterfeiting statutes if states do not …