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Faculty Scholarship

Intellectual Property Law

UC Law SF

Articles 1 - 25 of 25

Full-Text Articles in Law

The Giants Among Us, Robin Feldman, Tom Ewing Jan 2012

The Giants Among Us, Robin Feldman, Tom Ewing

Faculty Scholarship

No abstract provided.


The America Invents Act 500: Effects Of Patent Monetization Entities On Us Litigation, Robin Feldman Jan 2012

The America Invents Act 500: Effects Of Patent Monetization Entities On Us Litigation, Robin Feldman

Faculty Scholarship

Any discussion of flaws in the United States patent system inevitably turns to the system’s modern villain: non-practicing entities, known more colorfully as patent trolls. For many years, however, discussions about non-practicing entities have been long on speculation and short on data. In 2011 Congress directed the nonpartisan Government Accountability Office to study the effects of non-practicing entities on patent litigation. At the request of the GAO, we collected and coded a set of patent lawsuits filed over the past five years. This article presents our analysis of the data and its implications. The data confirm in a dramatic fashion …


A Cause Of Action For "Passing Off/Associational Marketing", Margreth Barrett Jan 2010

A Cause Of Action For "Passing Off/Associational Marketing", Margreth Barrett

Faculty Scholarship

No abstract provided.


Reconciling Fair Use And Trademark Use, Margreth Barrett Jan 2010

Reconciling Fair Use And Trademark Use, Margreth Barrett

Faculty Scholarship

No abstract provided.


The Role Of The Subconscious In Intellectual Property Law, Robin Feldman Jan 2010

The Role Of The Subconscious In Intellectual Property Law, Robin Feldman

Faculty Scholarship

No abstract provided.


Plain Language Patents, Robin Feldman Jan 2009

Plain Language Patents, Robin Feldman

Faculty Scholarship

No abstract provided.


Open Source, Open Access, Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman Jan 2008

Open Source, Open Access, Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman

Faculty Scholarship

No abstract provided.


Finding Trademark Use: The Historical Foundation For Limiting Infringement Liability To Uses "In The Manner Of A Mark", Margreth Barrett Jan 2008

Finding Trademark Use: The Historical Foundation For Limiting Infringement Liability To Uses "In The Manner Of A Mark", Margreth Barrett

Faculty Scholarship

No abstract provided.


Claim Construction, Appeal, And The Predictability Of Interpretive Regimes, Jeffrey A. Lefstin Jan 2007

Claim Construction, Appeal, And The Predictability Of Interpretive Regimes, Jeffrey A. Lefstin

Faculty Scholarship

No abstract provided.


Domain Names, Trademarks, And The First Amendment: Searching For Meaningful Boundaries, Margreth Barrett Jan 2007

Domain Names, Trademarks, And The First Amendment: Searching For Meaningful Boundaries, Margreth Barrett

Faculty Scholarship

No abstract provided.


The Measure Of The Doubt: Dissent, Indeterminacy, And Interpretation At The Federal Circuit, Jeffrey A. Lefstin Jan 2007

The Measure Of The Doubt: Dissent, Indeterminacy, And Interpretation At The Federal Circuit, Jeffrey A. Lefstin

Faculty Scholarship

No abstract provided.


Internet Trademark Suits And The Demise Of "Trademark Use", Margreth Barrett Jan 2006

Internet Trademark Suits And The Demise Of "Trademark Use", Margreth Barrett

Faculty Scholarship

No abstract provided.


Norms And Enforcement: The Case Against Copyright Litigation, Ben Depoorter, Sven Vanneste Jan 2005

Norms And Enforcement: The Case Against Copyright Litigation, Ben Depoorter, Sven Vanneste

Faculty Scholarship

No abstract provided.


Rethinking Rights In Biospace, Robin Feldman Jan 2005

Rethinking Rights In Biospace, Robin Feldman

Faculty Scholarship

No abstract provided.


The Inventor's Contribution, Robin Feldman Jan 2005

The Inventor's Contribution, Robin Feldman

Faculty Scholarship

No abstract provided.


Consolidating The Diffuse Paths To Trade Dress Functionality: Encountering Traffix On The Way To Sears, Margreth Barrett Jan 2004

Consolidating The Diffuse Paths To Trade Dress Functionality: Encountering Traffix On The Way To Sears, Margreth Barrett

Faculty Scholarship

No abstract provided.


The Open Source Biotechnology Movement: Is It Patent Misuse?, Robin Feldman Jan 2004

The Open Source Biotechnology Movement: Is It Patent Misuse?, Robin Feldman

Faculty Scholarship

No abstract provided.


The Insufficiency Of Antitrust Analysis For Patent Misuse, Robin Feldman Jan 2003

The Insufficiency Of Antitrust Analysis For Patent Misuse, Robin Feldman

Faculty Scholarship

No abstract provided.


The Marriage Of Intellectual Property And Insurance Law: An Introduction, Leo P. Martinez Jan 2001

The Marriage Of Intellectual Property And Insurance Law: An Introduction, Leo P. Martinez

Faculty Scholarship

No abstract provided.


The United States' Doctrine Of Exhaustion: Parallel Imports Of Patented Goods, Margreth Barrett Jan 2000

The United States' Doctrine Of Exhaustion: Parallel Imports Of Patented Goods, Margreth Barrett

Faculty Scholarship

No abstract provided.


Trade Dress Protection For Product Configurations And The Federal Right To Copy, Margreth Barrett Jan 1998

Trade Dress Protection For Product Configurations And The Federal Right To Copy, Margreth Barrett

Faculty Scholarship

No abstract provided.


Protecting A Piece Of American Folklore: The Example Of The Gusset, Jo Carrillo Jan 1997

Protecting A Piece Of American Folklore: The Example Of The Gusset, Jo Carrillo

Faculty Scholarship

No abstract provided.


Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza Jan 1996

Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.


Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza Jan 1996

Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.


The "Law Of Ideas" Reconsidered, Margreth Barrett Jan 1989

The "Law Of Ideas" Reconsidered, Margreth Barrett

Faculty Scholarship

No abstract provided.