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Articles 1 - 30 of 42
Full-Text Articles in Law
Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, The, Brian J. Love
Misuse Of Reasonable Royalty Damages As A Patent Infringement Deterrent, The, Brian J. Love
Missouri Law Review
This Article studies the Federal Circuit's use of excessive reasonable royalty awards as a patent infringement deterrent. I argue against this practice, explaining that, properly viewed in context of the patent system as a whole, distorting the reasonable royalty measure of damages is an unnecessary and ineffective means of ensuring an optimal level of reward for inventors and deterrence for infringers. First, I introduce cases in which the Federal Circuit and other courts following its lead have awarded punitive reasonable royalty awards and explain the Federal Circuit's professed rationale for doing so. Next, I demonstrate that this practice makes little …
Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips
Copyright Or Trademark? Can One Boy Wizard Prevent Film Title Duplication?, Anna Phillips
San Diego International Law Journal
This Comment will examine the various approaches that India, the United Kingdom, and the United States take in dealing with film title disputes. Second, this Comment will discuss a case brought by Warner Brothers regrding a Harry Potter film title dispute in India and how the outcome of the case affects title infringement issues... Finally, this Comment will discuss a possible loophole in current trademark regulations regarding film titles that will support the argument that countries should use both copyright and trademark law to minimize the release of film titles that are similar or identical to those already on the …
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto
Indiana Law Journal
In September 2007, the European Court of First Instance (CFI) ruled that Microsoft violated the European Union's competition law by failing to provide certain of its rivals with proprietary computer protocols that would have enabled them to make their products fully "interoperable" with Microsoft's dominant operating system. In the process, the court suggested that an owner of certain kinds of dominant intellectual property is obliged to share its property with rivals to the extent necessary to allow those rivals to compete "viably" with the dominant firm. Thus, in theory, should protocol sharing fail to achieve the requisite degree of "viability, …
Facebook 2 Blackberry And Database Trading Systems: Morphing Social Networking To Business Growth In A Global Recession, Roger M. Groves
Facebook 2 Blackberry And Database Trading Systems: Morphing Social Networking To Business Growth In A Global Recession, Roger M. Groves
West Virginia Law Review
No abstract provided.
The End Of The (Virtual) World, Joshua A.T. Fairfield
The End Of The (Virtual) World, Joshua A.T. Fairfield
West Virginia Law Review
No abstract provided.
Property And Relative Status, Nestor M. Davidson
Property And Relative Status, Nestor M. Davidson
Michigan Law Review
Property does many things-it incentivizes productive activity, facilitates exchange, forms an integral part of individual identity, and shapes communities. But property does something equally fundamental: it communicates. And perhaps the most ubiquitous and important messages that property communicates have to do with relative status, with the material world defining and reinforcing a variety of economic, social, and cultural hierarchies. This status-signalingf unction of property-withp roperty serving as an important locus for symbolic meaning through which people compare themselves to others-complicates premises underlying central discourses in contemporary property theory. In particular, status signaling can skew property's incentive and allocative benefits, leading …
Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin
Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The New Private Ordering Of Intellectual Property, Lawrence M. Sung
The New Private Ordering Of Intellectual Property, Lawrence M. Sung
Journal of Business & Technology Law
No abstract provided.
Clean Technology Transfer And Intellectual Property Rights, Nitya Nanda, Nidhi Srivastava
Clean Technology Transfer And Intellectual Property Rights, Nitya Nanda, Nidhi Srivastava
Sustainable Development Law & Policy
No abstract provided.
Ebay V. Mercexchange And Quanta Computer V. Lg Electronics, Andrew Beckerman-Rodau, F. Scott Kieff, Lawrence M. Sung, Thomas Woolston
Ebay V. Mercexchange And Quanta Computer V. Lg Electronics, Andrew Beckerman-Rodau, F. Scott Kieff, Lawrence M. Sung, Thomas Woolston
Journal of Business & Technology Law
No abstract provided.
Medimmune V. Genentec, Kelly Casey Mullally, Gregory Castanias, Franklin E. Gibbs
Medimmune V. Genentec, Kelly Casey Mullally, Gregory Castanias, Franklin E. Gibbs
Journal of Business & Technology Law
No abstract provided.
Patents Are Property: A Fundamental But Important Concept, Andrew Beckerman-Rodau
Patents Are Property: A Fundamental But Important Concept, Andrew Beckerman-Rodau
Journal of Business & Technology Law
No abstract provided.
In The Wake Of Reinvigorated U.S. Supreme Court Activity In Patent Appeals, Lawrence M. Sung
In The Wake Of Reinvigorated U.S. Supreme Court Activity In Patent Appeals, Lawrence M. Sung
Journal of Business & Technology Law
No abstract provided.
Appropriability And Property, Yonatan Even
Appropriability And Property, Yonatan Even
American University Law Review
This paper challenges the malleability of the idea of property as a relative, indeterminate "bundle of rights", which appears to dominate property doctrine at least since Ronald Coase's "The Problem of Social Cost". Focusing on the core goals of property regimes, the paper proposes an alternative view of property rights - one that is centered on the ability of owners to appropriate the benefits of their assets in the face of a threat from numerous potential adversaries, rather than their ability to contract such assets away within a bilateral context. This appropriability problem, it is argued, is a defining concept …
Replacing Slingshots With Swords: Implications Of The Antigua-Gambling 22.6 Panel Report For Developing Countries And The World Trading System, Georgia Hamann
Replacing Slingshots With Swords: Implications Of The Antigua-Gambling 22.6 Panel Report For Developing Countries And The World Trading System, Georgia Hamann
Vanderbilt Journal of Transnational Law
In December 2007, the WTO awarded Antigua the right to suspend TRIPS obligations at a value of $21 million. This decision represents the WTO's continuing evolution into a body capable of addressing the concerns of developed countries while balancing the legitimate interests of developed nations. For the second time, the WTO has authorized suspension of intellectual property protection under the TRIPS agreement. Such a remedy, if widely adopted, has the capacity to address concerns surrounding effective retaliation by small economies versus large economies, which traditionally have discouraged developing countries from participating in WTO dispute resolution. Additionally, the remedy seems likely …
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.
Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween
Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson
Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Scary Patents, Stephen Mcjohn
Scary Patents, Stephen Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike
Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann
Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey
Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey
Northwestern Journal of Technology and Intellectual Property
No abstract provided.