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Full-Text Articles in Law

Patenting The Minotaur, Bratislav Stanković Jan 2005

Patenting The Minotaur, Bratislav Stanković

Richmond Journal of Law & Technology

Half man, half bull, the Minotaur was the most fearsome monster in Greek mythology. Human torso and bull’s head, its horns were sharp as knives, its great hooves could kick the life out the strongest of heroes, and its food was human flesh. Yet under the surface, the Minotaur’s myth was sad; his insatiable existence originated in jealousy and lust.


Ready, Set, Mark Your Patented Software!, John Labarre, Xavier Gómez-Velasco Jan 2005

Ready, Set, Mark Your Patented Software!, John Labarre, Xavier Gómez-Velasco

Richmond Journal of Law & Technology

The question of whether software programs embodying patented processes need to be marked in accordance with the marking requirement as set forth under 35 U.S.C. § 287 is an unanswered issue. This article first analyzes the marking requirement in the United States patent system and then goes on to survey the rocky history of patents on software innovations. After noting that neither the Supreme Court nor the Federal Circuit has directly decided the issue of the applicability of the Marking Statute to software programs, the article analyzes recent federal district court and Federal Circuit cases, ultimately reasoning that the Federal …


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar Jan 2005

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar

Richmond Journal of Law & Technology

I hope you enjoy the second issue of Volume XI of the Richmond Journal of Law & Technology. The Editorial Board and Staff worked diligently with four outstanding authors to prepare this issue. We are proud to present timely articles by two professors, a practitioner, and the winner of the Journal’s staff casenote competition.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis Jan 2005

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis

Richmond Journal of Law & Technology

Welcome to the second issue of the Richmond Journal of Law & Technology for the 2005-2006 academic year. The Staff and Editorial Board of the Journal have spent considerable time preparing this issue for publication, endeavoring to continue the legal discourse on a range of topics. Volume 12, Issue 2 addresses four distinct areas of law.


State Of The Art(S): Protecting Publishers Or Promoting Progress?, Thomas A. Mitchell Jan 2005

State Of The Art(S): Protecting Publishers Or Promoting Progress?, Thomas A. Mitchell

Richmond Journal of Law & Technology

The Framers guarded against the future accumulation of monopoly power in booksellers and publishers by authorizing Congress to vest copyrights only in ‘Authors.


Radio Frequency Identification: Legal Aspects, Reuven R. Levary, David Thompson, Kristen Kot, Julie Brothers Jan 2005

Radio Frequency Identification: Legal Aspects, Reuven R. Levary, David Thompson, Kristen Kot, Julie Brothers

Richmond Journal of Law & Technology

Radio frequency identification (RFID) is a wireless technology that identifies objects without having either contact or sight of them. Unlike optically read technologies such bar codes, RFID tags can be read despite fog, ice, snow, paint or widely fluctuating temperatures. Additionally, RFID can identify moving objects. Data in an RFID tag is stored in an integrated circuit, and sent to the reader via an antenna. An RFID reader is essentially a radio frequency receiver controlled by a microprocessor or digital signal processor. The reader uses an attached antenna to capture the data transmitted from the tag and sends the information …


Designer Discounter Infringes Trademark And Goes Unpunished: A Look At Gucci America, Inc. V. Daffy’S, Inc. And The Lanham Act, Sarah Cone Jan 2005

Designer Discounter Infringes Trademark And Goes Unpunished: A Look At Gucci America, Inc. V. Daffy’S, Inc. And The Lanham Act, Sarah Cone

Richmond Journal of Law & Technology

Regardless of the quality, a knockoff handbag is still a knockoff. It was on this premise that Gucci America, Inc. filed suit against Daffy’s, Inc. for selling counterfeit Gucci handbags. Gucci alleged that Daffy’s violated its trademark protection under the Lanham Act. In the lawsuit, Gucci asserted that it was concerned about the possible confusion of consumers who purchased counterfeit “Jackie-O” handbags, believing them to be genuine Gucci products. Neither the district court nor the circuit court allowed Gucci relief against Daffy’s. This note examines how that decision fits within the Lanham Act.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis Jan 2005

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis

Richmond Journal of Law & Technology

It is my pleasure on behalf of the Staff and Editorial Board of the Richmond Journal of Law & Technology to introduce the first issue of the 2005-2006 academic year. The Journal is proud to present four articles dealing with a range of relevant topics.


When Does A Patent Right Become An Antitrust Wrong? Antitrust Liability For Refusals To Deal In Patented Goods, Aaron B. Rabinowitz Jan 2005

When Does A Patent Right Become An Antitrust Wrong? Antitrust Liability For Refusals To Deal In Patented Goods, Aaron B. Rabinowitz

Richmond Journal of Law & Technology

[T]he benefit even of limited monopolies is too doubtful to be opposed to that of their general suppression.At the border of intellectual property monopolies and antitrust markets lies a field of dissonance yet to be harmonized by statute or the Supreme Court.