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Full-Text Articles in Law
From De Novo Review To Informal Deference: An Historical, Empirical, And Normative Analysis Of The Standard Of Appellate Review For Patent Claim Construction, Jonas Anderson, Peter Menell
From De Novo Review To Informal Deference: An Historical, Empirical, And Normative Analysis Of The Standard Of Appellate Review For Patent Claim Construction, Jonas Anderson, Peter Menell
Peter Menell
Patent scope plays a central role in the operation of the patent system, making patent claim construction a critical aspect of just about every patent litigation. With the resurgence of patent jury trials in the 1980s, the allocation of responsibility for interpreting patent claims between trial judge and jury emerged as a salient issue. While the Supreme Court’s Markman decision usefully removed claim construction from the black box of jury deliberations notwithstanding its "mongrel" mixed fact/law character, the Federal Circuit’s adherence to the view that claim construction is a pure question of law subject to de novo appellate review produced …
Mark Mckenna Quoted In Forbes Article On Apple Samsung Patent Trial, Mark Mckenna
Mark Mckenna Quoted In Forbes Article On Apple Samsung Patent Trial, Mark Mckenna
Mark P. McKenna
Mark McKenna was quoted in the Forbes article Apple Gets $290.5 Million In Damages From Samsung In Patent Penalty Review — But It’s Not Over Yet by Connie Guglielmo
Mark Mckenna Quoted In Usa Today Article Apple Gets $290m In Samsung Patent Dispute, Mark Mckenna
Mark Mckenna Quoted In Usa Today Article Apple Gets $290m In Samsung Patent Dispute, Mark Mckenna
Mark P. McKenna
Mark McKenna was quoted in the USA Today article Apple gets $290 million in Samsung patent dispute by Scott Martin. "Today's damage award was much larger than Samsung had argued for, but still significantly less than the $400 million vacated by Judge Koh after the first trial," said Mark McKenna, a law professor at the University of Notre Dame.
What's The Frequency, Kenneth? Channeling Doctrines In Trademark Law, Mark Mckenna
What's The Frequency, Kenneth? Channeling Doctrines In Trademark Law, Mark Mckenna
Mark P. McKenna
This paper was published as a chapter in Intellectual Property and Information Wealth (Peter Yu, ed., Praeger 2007). The chapter describes several doctrines that courts have developed to limit the scope of trademark protection where there is a risk of interference with the patent or copyright schemes. It also suggests that courts have in some cases overemphasized the subject matter of protection and underemphasized parties' ability to use trademark law to capture the types of economic benefits for which patent and copyright protection are presumed necessary.
Profits As Commercial Success, Andrew Blair-Stanek
Profits As Commercial Success, Andrew Blair-Stanek
Andrew Blair-Stanek
Courts often use the extent of a patented invention’s commercial success as crucial nontechnical proof of the patent’s validity. Relying on misguided economic reasoning, most courts use revenue as the primary yardstick for commercial success. This Note argues that courts instead should use profits as the proper measure of an invention’s commercial success. Current jurisprudence’s use of revenue reflects the flawed premise that firms maximize revenues rather than maximizing profits. As a result, courts will often find commercial success when the financial data suggest otherwise and vice versa. This Note finds the accounting and economic issues involved to be insubstantial, …
Owning Enlightenment: Proprietary Spirituality In The 'New Age' Marketplace, Walter Effross
Owning Enlightenment: Proprietary Spirituality In The 'New Age' Marketplace, Walter Effross
Walter Effross
This article analyzes recent attempts made by the Arica Institute, the Church of Scientology, and Star's Edge - reaching, in each case, the relevant Circuit Court of Appeals - to apply intellectual property law to prevent the unauthorized dissemination of their spiritual teachings and techniques. As the article details, such concerns have been raised in connection with a wide range of traditional and modern practices, including Zen, Kabbalah, Yoga, Sufism, Christian Science, est, Reiki, the Gurdjieff Work, A Course in Miracles, and Transcendental Meditation. The article draws on a variety of primary sources, including trial transcripts, appellate pleadings, Web sites, …
From De Novo Review To Informal Deference: An Historical, Empirical, And Normative Analysis Of The Standard Of Appellate Review For Patent Claim Construction, Jonas Anderson, Peter Menell
From De Novo Review To Informal Deference: An Historical, Empirical, And Normative Analysis Of The Standard Of Appellate Review For Patent Claim Construction, Jonas Anderson, Peter Menell
J. Jonas Anderson
Patent scope plays a central role in the operation of the patent system, making patent claim construction a critical aspect of just about every patent litigation. With the resurgence of patent jury trials in the 1980s, the allocation of responsibility for interpreting patent claims between trial judge and jury emerged as a salient issue. While the Supreme Court’s Markman decision usefully removed claim construction from the black box of jury deliberations notwithstanding its "mongrel" mixed fact/law character, the Federal Circuit’s adherence to the view that claim construction is a pure question of law subject to de novo appellate review produced …