Law Commons^™

Brief Of International Business Machines Corporation As Amicus Curiae Supporting Neither Party, Laboratory Corporation Of America Holdings V. Metabolite Laboratories Inc., No. 04-607 (U.S. Dec. 23, 2005), John R. Thomas

U.S. Supreme Court Briefs

No abstract provided.

The New Challenges To The International Patentability Of Biotechnology: Legal Relations Between The Wto Treaty On Trade-Related Aspects Of Intellectual Property Rights And The Convention On Biological Diversity, Jonathan Curci

Brigham Young University International Law & Management Review

No abstract provided.

American And French Perspectives On Trademark Keying: The Courts Leave Businesses Searching For Answers, Terrance J. Keenan

Washington Journal of Law, Technology & Arts

Trademark owners in America and Europe are attacking the lucrative practice of selling search results and advertising linked to searches based on product names and trademarks, which is known as trademark keying. From makers of luxury products to travel companies, and insurance companies to home décor vendors, companies have sued Internet search providers to stop this practice that they believe amounts to trademark infringement. Recent cases against search engine companies in American and French courts reflect divergent views on the legality of the practice at this early stage of the debate. This Article evaluates recent rulings in both jurisdictions which …

Ip And Antitrust Policy: A Brief Historical Overview, Herbert J. Hovenkamp

All Faculty Scholarship

The history of IP/antitrust litigation is filled with exaggerated notions of the power conferred by IP rights and imagined threats to competition. The result is that antitrust litigation involving IP practices has seen problems where none existed. To be sure, finding the right balance between maintaining competition and creating incentives to innovate is no easy task. However, the judge in an IP/antitrust case almost never needs to do the balancing, most of which is done in the language of the IP provisions. The role of antitrust tribunals is the much more limited one of ensuring that any alleged threat to …

Expectations From Hong Kong, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.

An Analysis For The Valuation Of Venture Capital-Funded Startup Firm Patents, John Dubiansky

ExpressO

In an era where forces such as the Bayh Dole act and the rise of the venture capital industry are reshaping the manner in which innovations are brought to market, the role of intellectual property in the financing of new ventures is becoming increasingly important. The investment community requires a better understanding of the risks of patent-based transactions as such deals become more prevalent. This paper addresses that need by explaining an analysis for the valuation of startup firm-held patents. The paper considers the commonly employed methods of patent valuation, and offers an analysis which considers Legal, Technical, and Technology-Market …

Indian Generic Drug Industry In The Post-Wto World, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.

Panel Ii: Maurice Clarett's Challenge, Jay Moyer, Howard Ganz, David Feher, Gary Roberts

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Why The Initially Confused Should Get A Clue: The Battle Between Trademark Infringement And Consumer Choice Online, John Handy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Bayer Ag V. Housey Pharmaceuticals: Protection For Biotechnological Research Tools Under Section 271(G) Found Wanting, Matthew Barthalow

The University of New Hampshire Law Review

[Excerpt] "Research tools, a subset of biotechnological inventions protected by process patents, are “tools that scientists use in the laboratory, including cell lines, monoclonal antibodies, reagents, animal models, growth factors, combinatorial chemistry and DNA libraries, clones and cloning tools (such as PCR), methods, laboratory equipment and machines.” Many companies base their business models on the ability to find pharmaceutical products using their proprietary drug discovery research tools. Research tools used for drug discovery ‘include bioinformatic methods for identifying the interaction of certain proteins and their association with disease, methods for confirming protein targets, screening assays to identify molecules active against …

Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Rolling The Dice: Are Online Gambling Advertisers "Aiding And Abetting" Criminal Activity Or Exercising First Amendment-Protected Commercial Speech?, Megan E. Frese

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel I: Defamation In Sports, Gerald Eskenazi, Stephen Henniger, Gary Huckaby, Gary Belsky

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Ii: Maurice Clarett's Challenge, Jay Moyer, Howard Ganz, David Feher, Gary Roberts

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Iii: Trademark And Publicity Rights Of Athletes, Edward Kelman, Bruce Meyer, Dennis Niermann, Mike Principe

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Post No Bills: Can The Nba Prohibit Its Players From Wearing Tattoo Advertisements?, John Vukelj

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Rolling The Dice: Are Online Gambling Advertisers "Aiding And Abetting" Criminal Activity Or Exercising First Amendment-Protected Commercial Speech?, Megan E. Frese

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Blogging: A Journal Need Not A Journalist Make, Anne Flanagan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

"The Csi Effect": Exposing The Media Myth , Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Phillips V. Awh Corp., Inc.: A Baffling Claim Construction Methodology, Ehab M. Samuel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Is The Federal Circuit Affecting U.S. Treaties? The Itc, Sec. 271(G), Gatt/Trips & The Kinik Decision, Anne E. H. Li

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Television Formats: Caught In The Abyss Of The Idea/Expression Dichotomy, Jay Rubin

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Whither Copyright? Transformative Use, Free Speech, And An Intermediate Liability Proposal, John Tehranian

BYU Law Review

No abstract provided.

Emphasizing The Copy In Copyright: Why Noncopying Alterations Do Not Prepare Infringing Derivative Works, Michael K. Erickson

BYU Law Review

No abstract provided.

Communication In A Privately Owned Textual Terrain, Kembrew Mcleod

Kembrew McLeod

No abstract provided.

Intellectual Property Rights In Virtual Environments: Considering The Rights Of Owners, Programmers And Virtual Avatars, Woodrow Barfield

ExpressO

A virtual environment is a computer-generated world that can be used for training, data visualization, recreation, and commerce. The visitors of virtual environments include not only humans but also virtual avatars. The avatars can take on a range of shapes, characteristics, and personalities, and can perform a variety of tasks within the virtual environment. As the behavior of avatars becomes more realistic, sophisticated and intelligent- and the avatars become more autonomous in their decision making, the question of whether virtual avatars should have legal rights separate from those of their owner, becomes an issue. This paper discusses legal rights associated …

Catch 1201: A Legislative History And Content Analysis Of The Dmca Exemption Proceedings, Bill D. Herman, Oscar H. Gandy

ExpressO

17 USC Section 1201(a)(1) prohibits circumventing a technological protection measure (TPM) that effectively controls access to a copyrighted work. In the name of mitigating the innocent casualties of this new ban, Congress constructed a triennial rulemaking, administered by the Register of Copyrights, to determine temporary exemptions. This paper considers the legislative history of this rulemaking, and it reports the results of a systematic content analysis of its 2000 and 2003 proceedings.

Inspired by the literature on political agendas, policymaking institutions, venue shifting, and theories of delegation, we conclude that the legislative motivations for Section 1201 were laundered through international treaties, …

Password Theft: Rethinking An Old Crime In A New Era, Daniel S. Shamah

ExpressO

This is a discussion of the legal and economic ramifications of password theft.