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Articles 1 - 30 of 30
Full-Text Articles in Law
Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr
Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Sequential Musical Creation And Sample Licensing, Peter Dicola
Sequential Musical Creation And Sample Licensing, Peter Dicola
Faculty Working Papers
All musical creation builds on previous works. But using fragments of existing musical works in a new work can often constitute copyright infringement. Copyright law, in cases like Bridgeport Music v. Dimension Films (6th Cir. 2005), has recently increased its restrictions on musicians who wish to engage in sampling, defined as the practice of using other creators' sound recordings to create new music. The paper describes a model of copyright holders' and samplers' incentives to create in light of the need to negotiate licenses for sample-based works to avoid violating copyright law. Even in the absence of traditional transaction costs …
Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller
Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller
Faculty Working Papers
In this paper, we aim to better understand the institutional authority of the Federal Circuit as a source of law as well as the influence of pro-patent and anti-patent ideological forces at play between the Supreme Court, Federal Circuit, and the district courts. Our specific focus is on the district courts and how they cite Federal Circuit precedent relative to Supreme Court precedent to support their decisions, whether they be pro-patent or anti-patent. Using a variety of citation approaches and statistical tests, we find that federal district courts treat the Federal Circuit as more authoritative (compared to the Supreme Court) …
Network Transparency: Seeing The Neutral Network, Adam Candeub
Network Transparency: Seeing The Neutral Network, Adam Candeub
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger
Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts
The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner
Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman
O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes
Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani
Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James Degiulio
The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James Degiulio
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Is Patent Hold-Up Anticompetitive?, Vishesh Narayen
Is Patent Hold-Up Anticompetitive?, Vishesh Narayen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Evaluation Of The Design Piracy Prohibition Act: Is The Cure Worse Than The Disease? An Analogy With Counterfeiting And A Comparison With The Protection Available In The European Community., Silvia Beltrametti
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
To Be Fixed Or Not To Be: The Seemingly Never-Ending Question Of Copyrighted Material, Karl O. Riley
To Be Fixed Or Not To Be: The Seemingly Never-Ending Question Of Copyrighted Material, Karl O. Riley
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr
Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Acquiring A Flavor For Trademarks: There's No Common Taste In The World, Amanda E. Compton
Acquiring A Flavor For Trademarks: There's No Common Taste In The World, Amanda E. Compton
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag
Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Federal Circuit's Inequitable Conduct Standard After, Benjamin Johnson
The Federal Circuit's Inequitable Conduct Standard After, Benjamin Johnson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Legally Correct But Technologically Off The Mark, Daniel B. Garrie, Bill Spernow
Legally Correct But Technologically Off The Mark, Daniel B. Garrie, Bill Spernow
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Successfully Defending Against False Marking Claims, Steve Williams, Jane Du
Successfully Defending Against False Marking Claims, Steve Williams, Jane Du
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Peer To Patent: A Cure For Our Ailing Patent Examination System, Daniel R. Bestor, Eric Hamp
Peer To Patent: A Cure For Our Ailing Patent Examination System, Daniel R. Bestor, Eric Hamp
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Caught In The Clouds: The Web 2.0, Cloud Computing, And Privacy?, Paul Lanois
Caught In The Clouds: The Web 2.0, Cloud Computing, And Privacy?, Paul Lanois
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Overly Active Corpse Of Red Lion, Thomas W. Hazlett, Sarah Oh, Drew Clark
The Overly Active Corpse Of Red Lion, Thomas W. Hazlett, Sarah Oh, Drew Clark
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Incentives/Access Tradeoff, David W. Barnes
The Incentives/Access Tradeoff, David W. Barnes
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Anti-Assignment Provisions, Copyright Licenses, And Intra-Group Mergers: The Effect Of Cincom V. Novelis, H. Justin Pace
Anti-Assignment Provisions, Copyright Licenses, And Intra-Group Mergers: The Effect Of Cincom V. Novelis, H. Justin Pace
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
An Uncertain Future: The Impact Of Medical Process And Diagnostic Method Patents On Healthcare In The United States, Margaret Kubick
An Uncertain Future: The Impact Of Medical Process And Diagnostic Method Patents On Healthcare In The United States, Margaret Kubick
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ensuring Innovation As The Internet Matures: Competing Interpretations Of The Intellectual Property Exception To The Communications Decency Act Immunity, Joshua Dubnow
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Post-Judgment Remedies In Reaching Patents, Copyrights And Trademarks In The Enforcement Of A Money Judgment, David J. Cook
Post-Judgment Remedies In Reaching Patents, Copyrights And Trademarks In The Enforcement Of A Money Judgment, David J. Cook
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Patent Valuation: Aren’T We Forgetting Something? Making The Case For Claims Analysis In Patent Valuation By Proposing A Patent Valuation Method And A Patent-Specific Discount Rate Using The Capm, Malcolm T. Meeks, Charles A. Eldering
Patent Valuation: Aren’T We Forgetting Something? Making The Case For Claims Analysis In Patent Valuation By Proposing A Patent Valuation Method And A Patent-Specific Discount Rate Using The Capm, Malcolm T. Meeks, Charles A. Eldering
Northwestern Journal of Technology and Intellectual Property
No abstract provided.