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Full-Text Articles in Law
Pay The Troll Toll: The Patent Troll Model Is Fundamentally At Odds With The Patent System's Goal Of Innovation And Competition, Grace Heinecke
Pay The Troll Toll: The Patent Troll Model Is Fundamentally At Odds With The Patent System's Goal Of Innovation And Competition, Grace Heinecke
Fordham Law Review
Patent litigation has multiplied sixfold since the 1980s, with the last few years seeing an unprecedented number of patent lawsuits. When an inventor receives a patent, the U.S. Constitution grants him a monopoly for a limited number of years to reward him for his investment of time and resources and to incentivize him to continue innovating, which ultimately benefits society. However, the emergence of a litigious character, deemed the “patent troll,” has led to the patent system’s hindrance of innovation, a result that is at odds with the primary goal of patent law. Patent trolls exploit weaknesses in the patent …
Do Abstract Ideas Have The Need, The Need For Speed?: An Examination Of Abstract Ideas After Alice, Maria R. Sinatra
Do Abstract Ideas Have The Need, The Need For Speed?: An Examination Of Abstract Ideas After Alice, Maria R. Sinatra
Fordham Law Review
Imagine you invented a way to perform mathematical calculations all over the world simultaneously. Now, imagine that you cannot patent your invention because it was compared to, and found to contain, the same idea as an abacus. This scenario was the outcome of Alice Corp. v. CLS Bank International.
In coming to its decision in Alice, the U.S. Supreme Court adopted a two-part test that it had previously utilized to analyze the patentability of laws of nature to determine whether the patent at issue met the subject matter patentability standards of § 101 of the Patent Act. Determining …
Stay Tuned: Whether Cloud-Based Service Providers Can Have Their Copyrighted Cake And Eat It Too, Amanda Asaro
Stay Tuned: Whether Cloud-Based Service Providers Can Have Their Copyrighted Cake And Eat It Too, Amanda Asaro
Fordham Law Review
Copyright owners have the exclusive right to perform their works publicly and the ability to license their work to others who want to share that right. Subsections 106(4) and (5) of the Copyright Act govern this exclusive public performance right, but neither subsection elaborates on what constitutes a performance made “to the public” versus one that remains private. This lack of clarity has made it difficult for courts to apply the Copyright Act consistently, especially in the face of changing technology.
Companies like Aereo, Inc. and AereoKiller, Inc. developed novel ways to transmit content over the internet to be viewed …
Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui
Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui
Fordham Law Review
In a 2006 decision, eBay Inc. v. MercExchange, L.L.C., the U.S. Supreme Court held that traditional equitable factors apply to injunctions in patent and copyright cases, and therefore the mere fact that a defendant has infringed a patent or a copyright does not necessarily mean a final injunction must issue. In the three years since, lower courts have denied final injunctions more frequently than before and are now struggling with what relief, if any, to give prevailing plaintiffs in lieu of an injunction. Some courts permit plaintiffs to sue again later. But most award prospective relief to plaintiffs¾sometimes a lump-sum …
When Worlds Collide: Intellectual Property At The Interface Between Systems Of Knowledge Creation, Introduction, Katherine J. Strandburg, Brett M. Frischmann, Jay P. Kesan
When Worlds Collide: Intellectual Property At The Interface Between Systems Of Knowledge Creation, Introduction, Katherine J. Strandburg, Brett M. Frischmann, Jay P. Kesan
Fordham Law Review
No abstract provided.
Notes On A Geography Of Knowledge, Michael J. Madison
Notes On A Geography Of Knowledge, Michael J. Madison
Fordham Law Review
No abstract provided.
Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter
Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter
Fordham Law Review
No abstract provided.
Transferring Innovation, Jay P. Kesan
Interface: The Push And Pull Of Patents, Peter Lee
Interface: The Push And Pull Of Patents, Peter Lee
Fordham Law Review
No abstract provided.
User Innovator Community Norms: At The Bounds Between Academic And Industry Research, Katherine J. Strandburg
User Innovator Community Norms: At The Bounds Between Academic And Industry Research, Katherine J. Strandburg
Fordham Law Review
No abstract provided.
The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth L. Okediji
The Regulation Of Creativity Under The Wipo Internet Treaties, Ruth L. Okediji
Fordham Law Review
No abstract provided.
Keynote Address, Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon, Sonia Katyal
Keynote Address, Harmless Use: Gleaning From Fields Of Copyrighted Works, Wendy J. Gordon, Sonia Katyal
Fordham Law Review
No abstract provided.
The Pull Of Patents, Brett M. Frischmann
Sentencing Luxury: The Valuation Debate In Sentencing Traffickers Of Counterfeit Luxury Goods, Jana Nicole Checa Chong
Sentencing Luxury: The Valuation Debate In Sentencing Traffickers Of Counterfeit Luxury Goods, Jana Nicole Checa Chong
Fordham Law Review
This Note examines the contentious debate that exists regarding the property valuation used by the U.S. Sentencing Guidelines with regard to counterfeiting. Currently, the Sentencing Guidelines employ “street value.” However, many scholars and organizations argue that the alternative use of “retail value” will best assess the harm to the intellectual property owner as well as combat the growing problem of counterfeiting. This Note suggests that amending the Sentencing Guidelines, in order to allow for application of “retail value,” will best combat a growing national and international problem posed by the counterfeit luxury goods market.
Pto Rulemaking In The Twenty-First Century: Defining The Line Between Strategic Planning And Abuse Of Authority, Brian E. Mack
Pto Rulemaking In The Twenty-First Century: Defining The Line Between Strategic Planning And Abuse Of Authority, Brian E. Mack
Fordham Law Review
No abstract provided.
When The State Steals Ideas: Is The Abrogation Of State Sovereign Immunity From Federal Infringement Claims Constitutional In Light Of Seminole Tribe?, Christina Bohannan, Thomas F. Cotter
When The State Steals Ideas: Is The Abrogation Of State Sovereign Immunity From Federal Infringement Claims Constitutional In Light Of Seminole Tribe?, Christina Bohannan, Thomas F. Cotter
Fordham Law Review
No abstract provided.
Intellectual Property, Contracts, And Reverse Engineering After Procd: A Proposed Compromise For Computer Software, Anthony J. Mahajan
Intellectual Property, Contracts, And Reverse Engineering After Procd: A Proposed Compromise For Computer Software, Anthony J. Mahajan
Fordham Law Review
No abstract provided.
Indigenous Self-Determination In An Age Of Genetic Patenting: Recognizing An Emerging Human Rights Norm, Kara H. Ching
Indigenous Self-Determination In An Age Of Genetic Patenting: Recognizing An Emerging Human Rights Norm, Kara H. Ching
Fordham Law Review
No abstract provided.
Copyright, Jessica R. Friedman
Patent Law, John G. Costa
Trademark, Jessica R. Friedman
Microorganisms And The Patent Office: To Deposit Or Not To Deposit, That Is The Question, John Edward Schneider
Microorganisms And The Patent Office: To Deposit Or Not To Deposit, That Is The Question, John Edward Schneider
Fordham Law Review
No abstract provided.
The Broad Sweep Of Aesthetic Functionality: A Threat To Trademark Protection Of Aesthetic Product Features, Deborah J. Krieger
The Broad Sweep Of Aesthetic Functionality: A Threat To Trademark Protection Of Aesthetic Product Features, Deborah J. Krieger
Fordham Law Review
No abstract provided.
Misappropriation: A Retreat From The Federal Patent And Copyright Preemption Doctrine, Beverly B. Goodwin
Misappropriation: A Retreat From The Federal Patent And Copyright Preemption Doctrine, Beverly B. Goodwin
Fordham Law Review
No abstract provided.
Monetary Remedies Under The United States Copyright Code, Robert Price
Monetary Remedies Under The United States Copyright Code, Robert Price
Fordham Law Review
No abstract provided.
Innocent Participants In Copyright Infringement
Innocent Participants In Copyright Infringement
Fordham Law Review
No abstract provided.