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Articles 31 - 60 of 118
Full-Text Articles in Law
China's Struggle To Maintain Economic Viability While Enforcing International And Domestic Intellectual Property Rights, 4 J. Marshall Rev. Intell. Prop. L. 608 (2005), Randal S. Alexander
China's Struggle To Maintain Economic Viability While Enforcing International And Domestic Intellectual Property Rights, 4 J. Marshall Rev. Intell. Prop. L. 608 (2005), Randal S. Alexander
UIC Review of Intellectual Property Law
The development of global intellectual property rights (“IPRs”) can lead to complex issues regarding conformity with international standards of IP protection and enforcement. Although each country willing to become a WTO signatory is tasked with the development of such a regime, each country’s domestic affairs and economic survival competes with the burden of adhering to those international standards. This struggle provides the potential for many countries to confuse the boundaries of protection and create a fog of marginal infringement. In China, this fog is heavier because of local protectionism and judicial disincentives to enforce IPRs.
Abuse Of Public Use? Exploring The Smithkline V. Apotex Decision And The Future Of Public Use, 4 J. Marshall Rev. Intell. Prop. L. 559 (2005), Artem N. Sokolov
Abuse Of Public Use? Exploring The Smithkline V. Apotex Decision And The Future Of Public Use, 4 J. Marshall Rev. Intell. Prop. L. 559 (2005), Artem N. Sokolov
UIC Review of Intellectual Property Law
In SmithKline Beecham Corp. v. Apotx Corp., the court incorrectly applied the statutory public use bar and held the clinical trials did not constitute an experimental use. This ruling set the bar too high. Applying a narrow construction of the law, the CAFC invalidated a claim in a clear case of experimental use. The decision not only misapplied the precedent defining an “inherent” feature of the invention, but also essentially eliminated the need for applying the policies that underlie and define the public use bar under 35 U.S.C. § 102(b).
Is The Federal Circuit Ready To Accept Plenary Authority For Patent Appeals?, 4 J. Marshall Rev. Intell. Prop. L. 583 (2005), Meredith Martin Addy
Is The Federal Circuit Ready To Accept Plenary Authority For Patent Appeals?, 4 J. Marshall Rev. Intell. Prop. L. 583 (2005), Meredith Martin Addy
UIC Review of Intellectual Property Law
Congress formed the U.S. Court of Appeals for the Federal Circuit in 1982 in part to improve uniformity in the interpretation of patent law and to eliminate forum shopping. However, in 2002, the Federal Circuit’s ability to achieve that goal was reduced when the U.S. Supreme Court, in Holmes Group v. Vornado, held that the Federal Circuit would not have jurisdiction in cases where a federal patent law issue arises only in a responsive pleading. Many commentators have argued that the Holmes decision runs afoul of the congressional mandate in forming the Federal Circuit. With the hope of addressing this …
Pondering A “Baffling” Situation: The “Reconstruction” Of Claim Construction, 4 J. Marshall Rev. Intell. Prop. L. 623 (2005), Karen C. Mitch
Pondering A “Baffling” Situation: The “Reconstruction” Of Claim Construction, 4 J. Marshall Rev. Intell. Prop. L. 623 (2005), Karen C. Mitch
UIC Review of Intellectual Property Law
Through an iterative use of the ordinary dictionary, claim construction would be more simple, cost effective and efficient in serving the public notice function of the claim. Since the decision in Markman, two divergent methods of claim construction have emerged; one referring to dictionary definitions first, the other referring to parts of the patent such as the specification first. Due to the confusion and differing outcomes the two methods bring about, there came a call by the United States Court of Appeals for the Federal Circuit for clarification. The recent en banc decision in Phillips reverted claim interpretation back to …
The Third Door Is Off The Hinges: A Prospective Study On The Effects Of The Create Act Against Federal Patent Policies, 4 J. Marshall Rev. Intell. Prop. L. 597 (2005), Shane M. Popp
UIC Review of Intellectual Property Law
The CREATE Act has amended § 103 of the Patent Act to expand the definition of common ownership such that a claimed invention is deemed to be commonly owned with other subject matter when the two arise from the same “joint research agreement.” With the CREATE Act, Congress intended to promote research among inventive entities, but instead, Congress has relaxed the conditions for patentability to the point where a contract can circumvent an obviousness inquiry.
Is The Cure Worse Than The Disease? An Overview Of The Patent Reform Act Of 2005, 5 J. Marshall Rev. Intell. Prop. L. 55 (2005), James G. Mcewen
Is The Cure Worse Than The Disease? An Overview Of The Patent Reform Act Of 2005, 5 J. Marshall Rev. Intell. Prop. L. 55 (2005), James G. Mcewen
UIC Review of Intellectual Property Law
As a result of pressures from various groups and issues surrounding the current patent system, representative Lamar Smith introduced a bill which overhauls multiple aspects of patent practice. The patent reform act is designed to please or compromise between various industry groups while at the same time invigorating the patent system. Specifically, the Patent Reform Act proposes changes to the procedures for filing application, how the applications are filed and even how patents are enforced. In addition to the major publicized changes the Patent Reform Act proposes other alterations that, while receiving less notice, have just as much practical effect. …
Collateral Damage: The Effect Of The Database Debate On Other Acts Of Congress, 5 J. Marshall Rev. Intell. Prop. L. 78 (2005), Christopher A. Mohr
Collateral Damage: The Effect Of The Database Debate On Other Acts Of Congress, 5 J. Marshall Rev. Intell. Prop. L. 78 (2005), Christopher A. Mohr
UIC Review of Intellectual Property Law
Under the reasoning in Unied States v. Martingon, declaring the federal bootlegging statute unconstitutional, databases, as “non-writings,” could not be protected under Congress’s copyright power or commerce power. In other words, Congress’s power under Article I, Section 8, Clause 8 serves to limit its ability to act under Article I, Section 8, Clause 3. Marignon’s rationale raises questions about a variety of prospective and existing legislation that protects “non-writings” for an unlimited time, such as the trademark dilution statute. This article examines the merits of this contention, arguing that the manner in which the Supreme Court has handled overlapping Article …
Fifth Avenue And The Patent Lawyer: Strategies For Using Design Patents To Increase The Value Of Fashion And Luxury Goods Companies, 5 J. Marshall Rev. Intell. Prop. L. 40 (2005), Scott D. Locke
UIC Review of Intellectual Property Law
Design patents occupy a peculiar niche in intellectual property law. For instance, they are different from copyrights in that an accused infringer has no defense of independent creation, different from utility patents in that there is no prerequisite of a useful function, and different from trade dress in that there is no issue of secondary meaning. Design patents also contain only one claim, which makes the applicant’s drafting task particularly challenging—she must strike a delicate balance between claiming broad protection and establishing novelty. Furthermore, in litigation, the design patent plaintiff must satisfy two tests of infringement: the ordinary observer and …
Patent Tying Agreements: Presumptively Illegal?, 5 J. Marshall Rev. Intell. Prop. L. 94 (2005), Alison K. Hayden
Patent Tying Agreements: Presumptively Illegal?, 5 J. Marshall Rev. Intell. Prop. L. 94 (2005), Alison K. Hayden
UIC Review of Intellectual Property Law
On January 25, 2005, the CAFC decided the case of Independent Ink, Inc. v. Illinois Tool Works, Inc., holding that market power will be presumed in a tying agreement whenever a tying product is patented. This rule puts patent holders at a disadvantage, and will increase the amount of antitrust lawsuits brought against patent holders and holders of other exclusive intellectual property rights. Indeed, this rule conflicts with the intended effect of antitrust law. This comment proposes that tying agreements involving a patented product be evaluated the same way as all other tying agreements, and that the presumption of market …
Claim Preambles And The Unassailable Patent Claim, 5 J. Marshall Rev. Intell. Prop. L. 121 (2005), Kyle D. Petaja
Claim Preambles And The Unassailable Patent Claim, 5 J. Marshall Rev. Intell. Prop. L. 121 (2005), Kyle D. Petaja
UIC Review of Intellectual Property Law
In order to diminish the extensive confusion surrounding claim preambles, one must not consider what a preamble should do; rather, it is helpful to consider what a preamble should not do. Traditionally, a preamble is defined as an introduction to a statute or deed stating the document’s basis, purpose, aim, justification, and objective. However, in patents, a claim preamble does not serve this purpose. While a preamble undeniably functions as an introduction to the rest of the claim, that claim is limited in scope and therefore, so too, is the preamble. The basis, purpose, aim, justification, and objective of the …
To Be Presumed Or Not To Be Presumed . . . That Is The Enablement Question, 5 J. Marshall Rev. Intell. Prop. L. 140 (2005), Kristina A. Walker
To Be Presumed Or Not To Be Presumed . . . That Is The Enablement Question, 5 J. Marshall Rev. Intell. Prop. L. 140 (2005), Kristina A. Walker
UIC Review of Intellectual Property Law
In 2003, the Federal Circuit in Amgen Inc. v. Hoechst Marion Roussel, Inc. placed the burden of proving a prior art patent’s § 112 nonenablement on the patentee instead of the accused infringer. The patentee even bears this burden when the unclaimed subject matter is asserted to anticipate the patent at issue. This comment focuses on three questions that were created by the decision in Amgen. First, is material in a printed publication equivalent to unclaimed material in a patent? Second, is the holding in Amgn based on a false premise because it may accord a presumption of § 112 …
How We Lost Our Moral Rights And The Door Closed On Non-Economic Values In Copyright, 5 J. Marshall Rev. Intell. Prop. L. 1 (2005), Susan P. Liemer
How We Lost Our Moral Rights And The Door Closed On Non-Economic Values In Copyright, 5 J. Marshall Rev. Intell. Prop. L. 1 (2005), Susan P. Liemer
UIC Review of Intellectual Property Law
The Visual Artists Rights Act (“VARA”) is a piece of modern legislation preceded by a rich history, with a significant gap. As early as the 1400’s, patents were offered as economic incentive to develop new processes in the trades and applied arts. By the 1700’s, the Statute of Anne became the first statute to protect the literary work of individual creators. The Engravers’ Act of 1735 soon followed, expanding this protection to include the first works of visual art and providing the precursor to the modern right of integrity. Millar v. Taylor was the landmark case that alluded to moral …
Revision Del Codigo Civil Y La Responsabilidad Civil Extracontractual (Parte Ii); Una Propuesta Alternativa Al Borrador De La Comision De Revision, 74 Rev. Jur. U.P.R. 1 (2005), Alberto Bernabe
UIC Law Open Access Faculty Scholarship
No abstract provided.
How Sarbanes-Oxley Should Be Used To Expose The Secrets Of Discretion, Judgment, And Materiality Of The Auditor's Report, 4 Depaul Bus. & Comm. L.J. 1 (2005), Arthur Acevedo
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng
The Fair Housing Act And Religious Freedom, 11 Tex. J. C.L. & C.R. 1 (2005), Michael P. Seng
UIC Law Open Access Faculty Scholarship
No abstract provided.
Brown V. Board Of Education: The Legacy Continues, The Struggle Continues, 34 Stetson L. Rev. 283 (2005), Darby Dickerson
Brown V. Board Of Education: The Legacy Continues, The Struggle Continues, 34 Stetson L. Rev. 283 (2005), Darby Dickerson
UIC Law Open Access Faculty Scholarship
No abstract provided.
Cyberbullies On Campus, 37 U. Tol. L. Rev. 51 (2005), Darby Dickerson
Cyberbullies On Campus, 37 U. Tol. L. Rev. 51 (2005), Darby Dickerson
UIC Law Open Access Faculty Scholarship
My goals in this article are to introduce the law school community to the problem of cyberbullies, and to alert deans, administrators, and professors to the risks associated with this form of bullying-so that the problem can be acknowledged and addressed, and so that we may all learn and work in as safe an environment as possible.
Amended Complaint, Gassman V. Frischholtz Et Al, Docket No. 1:05-Cv-05377 (Northern District Of Illinois 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Amended Complaint, Gassman V. Frischholtz Et Al, Docket No. 1:05-Cv-05377 (Northern District Of Illinois 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Brief Of Amicus Curiae The John Marshall Law School Fair Housing Legal Support Center In Support Of Reversal Of The Panel's Decision, Wisconsin Community Service, Inc. V. City Of Milwaukee, Docket No. 04-1966, 465 F.3d 737 (Seventh Circuit Court Of Appeals 2006), Michael P. Seng, F. Willis Caruso, J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic
Brief Of Amicus Curiae The John Marshall Law School Fair Housing Legal Support Center In Support Of Reversal Of The Panel's Decision, Wisconsin Community Service, Inc. V. City Of Milwaukee, Docket No. 04-1966, 465 F.3d 737 (Seventh Circuit Court Of Appeals 2006), Michael P. Seng, F. Willis Caruso, J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Complaint, Gassman V. Frischholtz Et Al, Docket No. 1:05-Cv-05377 (Northern District Of Illinois 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Complaint, Gassman V. Frischholtz Et Al, Docket No. 1:05-Cv-05377 (Northern District Of Illinois 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Brief Of Amici Curiae Not Dead Yet, Adapt, Center On Disability Studies, Law And Policy At Syracuse University, Center For Self-Determination, Hospice Patients Alliance, Mouth Magazine/Freedom Clearinghouse, National Council On Independent Living, National Spinal Cord Injury Association, Self-Advocates Becoming Empowered, Society For Disability Studies, Tash And The World Institute On Disability In Support Of Petitioners, Gonzalez V. Oregon, 126 S.Ct. 904 (Supreme Court Of The United States Of America 2006) (No. 04-623), Walter J. Kendall Iii
Court Documents and Proposed Legislation
No abstract provided.
Second Amended Complaint, Gassman V. Frischholtz Et Al, Docket No. 1:05-Cv-05377 (Northern District Of Illinois 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Second Amended Complaint, Gassman V. Frischholtz Et Al, Docket No. 1:05-Cv-05377 (Northern District Of Illinois 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Complaint, Malek V. Farris, Docket No. 1:05-Cv-00792 (Northern District Of Illinois Apr 05, 2005), Joseph R. Butler, John Marshall Law School Fair Housing Legal Clinic
Complaint, Malek V. Farris, Docket No. 1:05-Cv-00792 (Northern District Of Illinois Apr 05, 2005), Joseph R. Butler, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Complaint, Krieman V. Crystal Lake Apartments, Docket No. 1:05-Cv-00348 (Northern District Of Illinois 2005), Joseph R. Butler, John Marshall Law School Fair Housing Legal Clinic
Complaint, Krieman V. Crystal Lake Apartments, Docket No. 1:05-Cv-00348 (Northern District Of Illinois 2005), Joseph R. Butler, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Second Amended Complaint, Gilbert V. Thorndale Beach North Condominium Assoc., Docket No. 1:03-Cv-07844 (Northern District Of Illinois Nov 04, 2003), F. Willis Caruso, J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic
Second Amended Complaint, Gilbert V. Thorndale Beach North Condominium Assoc., Docket No. 1:03-Cv-07844 (Northern District Of Illinois Nov 04, 2003), F. Willis Caruso, J. Damian Ortiz, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Plaintiff's Answer To Defendant's Motion For Summary Judgment, Conroy V. County Of Kankakee, Docket No. 2:03-Cv-02187 (Central District Of Illinois Oct. 23, 2003), F. Willis Caruso, Lewis W. Powell, John Marshall Law School Fair Housing Legal Clinic
Plaintiff's Answer To Defendant's Motion For Summary Judgment, Conroy V. County Of Kankakee, Docket No. 2:03-Cv-02187 (Central District Of Illinois Oct. 23, 2003), F. Willis Caruso, Lewis W. Powell, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Amended Complaint, Bloch Vs. Frischholz, Docket No. 1:05-Cv-05379 (Northern District Of Illinois Sept 16, 2005), F. Willis Caruso, Lewis W. Powell, John Marshall Law School Fair Housing Legal Clinic
Amended Complaint, Bloch Vs. Frischholz, Docket No. 1:05-Cv-05379 (Northern District Of Illinois Sept 16, 2005), F. Willis Caruso, Lewis W. Powell, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Complaint, Bloch Vs. Frischholz, Docket No. 1:05-Cv-05379 (Northern District Of Illinois Sept 16, 2005), F. Willis Caruso, Lewis W. Powell, John Marshall Law School Fair Housing Legal Clinic
Complaint, Bloch Vs. Frischholz, Docket No. 1:05-Cv-05379 (Northern District Of Illinois Sept 16, 2005), F. Willis Caruso, Lewis W. Powell, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Complaint, George V. Colony Lakes Property Owners Association, Docket No. 1:05-Cv-05899 (Northern District Of Illinois Oct 13, 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Complaint, George V. Colony Lakes Property Owners Association, Docket No. 1:05-Cv-05899 (Northern District Of Illinois Oct 13, 2005), F. Willis Caruso, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.
Second Amended Complaint, Bloch Vs. Frischholz, Docket No. 1:05-Cv-05379 (Northern District Of Illinois Sept 16, 2005), F. Willis Caruso, Lewis W. Powell, John Marshall Law School Fair Housing Legal Clinic
Second Amended Complaint, Bloch Vs. Frischholz, Docket No. 1:05-Cv-05379 (Northern District Of Illinois Sept 16, 2005), F. Willis Caruso, Lewis W. Powell, John Marshall Law School Fair Housing Legal Clinic
Court Documents and Proposed Legislation
No abstract provided.