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Full-Text Articles in Law

Egyptian Goddess, Inc. V. Swisa, Inc.: A Dramatic Change In The Law Of Design Patents?, Evan Szarenski Dec 2009

Egyptian Goddess, Inc. V. Swisa, Inc.: A Dramatic Change In The Law Of Design Patents?, Evan Szarenski

The University of New Hampshire Law Review

[Excerpt] “On September 22, 2008, the Federal Circuit, sitting en banc, handed down the most important decision in design patent law in nearly twenty-five years. Egyptian Goddess, Inc. v. Swisa, Inc. (Egyptian Goddess III) abolished the point-of-novelty test first set out in Sears, Roebuck & Co. v. Talge and adopted by the Federal Circuit in Litton Systems, Inc. v. Whirlpool Corp. The point-of novelty test required patent holders to prove that an accused design appropriated the element which sets the patented design apart from the prior art—in addition to the ordinary-observer standard’s requirement of having substantially the same appearance—in order …


Enforcing Intellectual Property Rights: A Methodology For Understanding The Enforcement Problem In China, Justin Mccabe Dec 2009

Enforcing Intellectual Property Rights: A Methodology For Understanding The Enforcement Problem In China, Justin Mccabe

The University of New Hampshire Law Review

[Excerpt] “Intellectual property rights are neither protected nor enforced in strict uniformity throughout the world. However, it can be said that in most developed countries, intellectual property is preciously guarded, as evidenced by a plethora of intellectual property statutes, penalties for infringement, and consistent attempts to convince less developed nations to adopt strong—or stronger—intellectual property protections. Despite continued vigilance by developed countries in bringing about increased international harmony among intellectual property regimes, some developing countries sustain questionable enforcement policies. What the driving force is behind intellectual property enforcement policies—or more appropriately, the lack thereof—is a matter of disagreement. In order …


Fixing A Hole: Will Generic Biologics Find A Niche Within The Hatch-Waxman Act?, Elysa B. Goldberg Oct 2009

Fixing A Hole: Will Generic Biologics Find A Niche Within The Hatch-Waxman Act?, Elysa B. Goldberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Rethinking Patent Fraud Enforcement In A Reform Era, Kali Murray, Dmitriy Vinarov Jul 2009

Rethinking Patent Fraud Enforcement In A Reform Era, Kali Murray, Dmitriy Vinarov

Marquette Intellectual Property Law Review

This Article contends that, while the defense of inequitable conduct offers an avenue to combat fraudulent patent applications, the doctrine suffers from shortcomings that spring from two compromises. First, the amorphous nature of the equitable defense prompts institutional conflict between the United States Patent and Trademark Office and the Federal Circuit. Second, by relegating enforcement solely to a patentee's market competitors, the defense fails to protect the public interest adequately. In light of these compromises, the authors propose two goals to guide current reform efforts in Congress. Initially, Congress's attempt to reform patent fraud enforcement should relieve the aforementioned institutional …


Toward A More Reliable Fact-Finder In Patent Litigation, Amy Tindell Jul 2009

Toward A More Reliable Fact-Finder In Patent Litigation, Amy Tindell

Marquette Intellectual Property Law Review

Juries have been perceived as a blessing and a curse. They are perceived differently in different areas of law. For example, practitioners in patent law view juries in a negative light as the fact finders. In accordance with this view, Federal Courts of Appeals have begun to narrow the role of juries in patent trials. This paper follows the development of the Seventh Amendment in the patent context and its current status. This paper then proposes a system similar to peer-review to replace the traditional jury in patent trials.


Emerging Scholars Series: Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble Jul 2009

Emerging Scholars Series: Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble

Marquette Intellectual Property Law Review

Injunctions enforcing a patentee's right to exclude provide an incentive to invent; however, injunctions are only effective if they can be enforced. Enforcing an injunction becomes problematic when other jurisdictions are involved, yet plaintiffs request such injunctions despite the potential inherent difficulties of cross-border enforcement. The author empirically analyzes the number and types of cross-border injunctions issued in the United States against foreign entities by discussing methods of enforcing injunctions abroad and the difficulties inherent in those methods. Comparing cases of cross-border injunctions issued by European courts, the author reviews the controversial pan-European injunction that covers not only the territory …


Not All Grace Periods Are Created Equal: Building A Grace Period From The Ground Up, Renee E. Metzler Jul 2009

Not All Grace Periods Are Created Equal: Building A Grace Period From The Ground Up, Renee E. Metzler

Marquette Intellectual Property Law Review

The grace period for patent application filing is the amount of time a patent applicant has to file the application after the invention has been disclosed to the public. The rules and amount of time allowed vary greatly among countries. This comment explores the theoretical justifications for a grace period, the structural elements of a grace period, and other approaches to a grace period used in countries outside of the United States. The author proposes an ideal grace period model that would create international harmonization.


Fixing Continuing Application Practice At The Uspto, Kevin Rizzuto Jul 2009

Fixing Continuing Application Practice At The Uspto, Kevin Rizzuto

Marquette Intellectual Property Law Review

Controversy surrounds continuing application practice at the United States Patent & Trademark Office. Legal scholars highlight problems with continuing application practice and ways that applicants abuse the system. Patent practitioners admit that continuing application abuses exist, yet believe that establishing limits on continuing application practice would lead to an increase in appeals to the Board of Patent Appeals and Interferences. The USPTO attributes much of its continually growing backlog to the volume of continuing applications and requests for continued examinations, and published Proposed Rules to limit continuing applications. Legal scholars and the USPTO propose solutions that are too restrictive on …


Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin Jan 2009

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.


What Goes Around, Comes Around: How Indian Tribes Can Profit In The Aftermath Of Seminole Tribe And Florida Prepaid, Jeremiah A. Bryar Jan 2009

What Goes Around, Comes Around: How Indian Tribes Can Profit In The Aftermath Of Seminole Tribe And Florida Prepaid, Jeremiah A. Bryar

Marquette Intellectual Property Law Review

Of the approximate 1.5 million American Indians living in the United States only 403,714 were employed in 2001 and nearly one-third of them lived below the poverty line. This article explains that one possible solution to American Indian poverty is the creation of sovereign chartered research groups that would be shielded by tribal sovereign immunity. In patent law there are exceptions to a patent owner's ability to bring a successful suit against patent infringers. One of these exceptions is when a sovereign, such as an American Indian tribe, infringes on a patent owner's patent. Tribal sovereign immunity means that American …


Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman Jan 2009

Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman

Marquette Intellectual Property Law Review

Clinical trials are currently used to test drugs; however, the risk and cost of clinical trials are increasing so drastically that the clinical trials may become unsustainable. This article evaluates the legal and economic trends of intellectual property protection for pharmaceutical clinical trial data. The protection of clinical trials has become an alternative to patents as market exclusivity encourages the development and testing of unpatentable pharmaceuticals. This author argues that clinical trials should be treated as a national and international public good instead of a private good and proposes that the government should oversee and fund the clinical trials to …


Nanobiotechnology, Synthetic Biology, And Rnai: Patent Portfolios For Maximal Near-Term Commercialization And Commons For Maximal Long-Term Medical Gain, Thomas M. Mackey Jan 2009

Nanobiotechnology, Synthetic Biology, And Rnai: Patent Portfolios For Maximal Near-Term Commercialization And Commons For Maximal Long-Term Medical Gain, Thomas M. Mackey

Marquette Intellectual Property Law Review

This article examines patent portfolio construction and management of three nascent technologies: nanobiotechnology, synthetic biology, and interference RNA. The author outlines how a practitioner can use patent portfolios to help his or her client to maximize long-term gain. Finally, the article advocates changes that would remove barriers to patentability and increase patent quality.


Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter Jan 2009

Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter

Fordham Law Review

No abstract provided.


Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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.


Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati Jan 2009

Copyrighting Stage Directions & The Constitutional Mandate To "Promote The Progress Of Science", Jessica Talati

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Reexamination And Improving Patent Quality, Roger Shang Jan 2009

Reexamination And Improving Patent Quality, Roger Shang

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill Jan 2009

In Re Bilski: A Midpoint In The Evolution Of Business Methods, R. David Donoghue, Micael A. Grill

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley Jan 2009

Alternative Software Protection In View Of In Re Bilski, Lauren Katzenellenbogen, Charles Duan, James Skelley

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue Jan 2009

Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer Jan 2009

Panel On Tafas V. Dudas, Patent Rules Changes And Patent Reform, Matthew Sag, Sean Seymore, Chris Singer

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Innovation And Liability For Contributory Copyright Infringement, David Mcgowan Jan 2009

Innovation And Liability For Contributory Copyright Infringement, David Mcgowan

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek Jan 2009

The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur Jan 2009

The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen Jan 2009

The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.