Law Commons^™

Internet (Re)Search By Judges, Jurors, And Lawyers, H. Albert Liou, Jasper L. Tran

IP Theory

How can Internet research be used properly and reliably in law? This paper analyzes several key and very different issues affecting judges, jurors, and lawyers. With respect to judges, this paper discusses the rules of judicial conduct and how they guide the appropriate use of the Internet for research; the standards for judicial notice; and whether judges can consider a third category of non-adversarially presented, non-judicially noticed factual evidence. With respect to jurors, this paper discusses causes of and deterrents to jurors conducting Internet research during trials; and the recourse available to parties who are adversely impacted by such behavior. …

Design Patent Damages: A Critique Of The Government’S Proposed 4-Factor Test For Determining The “Article Of Manufacture”, Perry J. Saidman

IP Theory

The Supreme Court in Samsung Electronics Co. v. Apple, Inc. wrestled with the question of determining the meaning of “article of manufacture” in 35 U.S.C. § 289 when it comes to calculating the total profit of the infringer that is awarded to the patentee.

In its Petition for Certiorari, Samsung raised the novel theory that the article of manufacture could be less than the entire product sold by the infringer. The Supreme Court agreed to hear the following issue, as framed in Samsung’s Petition:

Where a design patent is applied to only a component of a product, should an …

Tc Heartland: It’S Time To Take Stock, Daniel Kazhdan, Sanjiv P. Laud

IP Theory

It has been a little over a year and a half since the Supreme Court issued its groundbreaking venue decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, shaking up the status quo in U.S. patent infringement litigation. The first months after TC Heartland saw a flurry of activity as litigants and courts wrestled with the impact of the decision on pending cases, pondered the true meaning of a “regular and established place of business,” and explored many other questions left by the TC Heartland decision. Eighteen months and several writs of mandamus later, it is now …

The Invention Secrecy Act: The Uspto As A Gatekeeper Of National Security, Scott Locke

IP Theory

The United States Patent and Trademark Office (“USPTO”) has the privilege of reviewing hundreds of thousands of inventions each year before the public learns about them. Consequently, the USPTO is uniquely positioned as a funnel through which the Government can collect information about new technologies and determine which ones have implications for the safety and welfare of the nation. Under the Invention Secrecy Act, the Commissioner for Patents may order that an invention for which patent protection is sought be kept secret if disclosure of the invention might be detrimental to national security.

In order for the USPTO to review …