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Patent Disclosures And Time, Timothy R. Holbrook
Patent Disclosures And Time, Timothy R. Holbrook
Vanderbilt Law Review
Patents by their very nature are pregnant with considerations of time. The exclusive rights they afford only last for a finite period- generally from issuance until twenty years from the filing date of the application. Moreover, since patents necessarily engage with the evolution of technology, patents reflect various "snap shots" in time that reflect the state of the art at a particular moment. Patent law must constantly wrestle with time. Many of these topics have been explored extensively in both judicial decisions and the literature. The most obvious example of considering the temporal aspect of patent law is ... obviousness. …
"Blurred Lines" Means Changing Focus: Juries Composed Of Musical Artists Should Decide Music Copyright Infringement Cases, Not Lay Juries, Jason Palmer
Vanderbilt Journal of Entertainment & Technology Law
The verdict in Williams v. Bridgeport Music, Inc., or the "Blurred Lines" case, surprised a lot of people. It surprised the public, as many did not expect there to be infringement. It also surprised the litigants, because the jury's special verdict form contained a logical inconsistency indicating that something had been decided incorrectly. However, the jury cannot be faulted for this inconsistency because it was tasked with deciphering the indecipherable. The fault lies in the way copyright law establishes infringement. This Note investigates the apparent circuit split in determining music copyright infringement and proposes that it is illusory. All circuits …