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Articles 197611 - 197640 of 545412

Full-Text Articles in Law

In His Own Words: The Career Of Chief Judge Paul Michel, 10 J. Marshall Rev. Intell. Prop. L. 301 (2011), Gene Quinn Jan 2011

In His Own Words: The Career Of Chief Judge Paul Michel, 10 J. Marshall Rev. Intell. Prop. L. 301 (2011), Gene Quinn

UIC Review of Intellectual Property Law

No abstract provided.

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Ip Legal Ethics In The Everyday Practice Of Law: An Empirical Perspective On Patent Litigators, 10 J. Marshall Rev. Intell. Prop. L. 309 (2011), William T. Gallagher Jan 2011

Ip Legal Ethics In The Everyday Practice Of Law: An Empirical Perspective On Patent Litigators, 10 J. Marshall Rev. Intell. Prop. L. 309 (2011), William T. Gallagher

UIC Review of Intellectual Property Law

This article presents preliminary findings from a qualitative empirical study of patent litigators. Part of a larger and ongoing project studying intellectual property lawyers in patent, trademark, and copyright enforcement and litigation actions, this article focuses on ethical decision-making by patent litigators in the pretrial discovery process. The article is based on data from in-depth, semi-structured interviews with fifty-five patent litigators and from a detailed case study of the infamous Qualcomm patent sanctions case. The article critically examines how patent litigators perceive of and respond to ethical issues that arise in the discovery process. It also analyzes the structural and …

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Ethical Issues In U.S. Trademark Prosecution And Ttab Practice, 10 J. Marshall Rev. Intell. Prop. L. 365 (2011), Linda K. Mcleod, Stephanie H. Bald Jan 2011

Ethical Issues In U.S. Trademark Prosecution And Ttab Practice, 10 J. Marshall Rev. Intell. Prop. L. 365 (2011), Linda K. Mcleod, Stephanie H. Bald

UIC Review of Intellectual Property Law

The conduct of practitioners and agents before the U.S. Patent and Trademark Office (“USPTO” or “Office”) is subject to regulation by the Office under 35 U.S.C. § 2(b)(2)(D). This provision grants the Under Secretary of Commerce for Intellectual Property and the Director of the USPTO the authority to establish regulations to govern the conduct of agents, attorneys, or other representatives before the Office, including establishing disciplinary measures for non-compliance with those regulations. The USPTO regulations governing conduct include the Patent and Trademark Office Code of Professional Responsibility. This article summarizes the key canons and disciplinary rules applicable to trademark practitioners …

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International Arbitration Of Patent Disputes, 10 J. Marshall Rev. Intell. Prop. L. 384 (2011), Wei-Hua Wu Jan 2011

International Arbitration Of Patent Disputes, 10 J. Marshall Rev. Intell. Prop. L. 384 (2011), Wei-Hua Wu

UIC Review of Intellectual Property Law

This paper discusses the concept of using international arbitration as a method of resolving patent disputes. First, this paper examines the arbitrability of patent validity disputes from a public policy viewpoint. The question is whether, or to what extent, the subject matter of patent validity disputes may be settled by international commercial arbitration. Second, this paper provides suggestions on strategies for organizational decision-makers to consider whether it is proper to choose arbitration as a more favorable tool when confronted with a patent dispute. Finally, this paper discusses how to choose the seat of arbitral institution and the applicable law.

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Acceptable Fraud? How Falsities And Misstatements Can Escape The Scope Of The New Fraud Standard, 10 J. Marshall Rev. Intell. Prop. L. 410 (2011), Jacobi M. Fields Jan 2011

Acceptable Fraud? How Falsities And Misstatements Can Escape The Scope Of The New Fraud Standard, 10 J. Marshall Rev. Intell. Prop. L. 410 (2011), Jacobi M. Fields

UIC Review of Intellectual Property Law

Accuracy is crucial to the trademark registration process. Registrants are required to submit truthful applications to the United States Patent and Trademark Office (“PTO”) or face fraud liability. Pursuant to the Lanham Act, fraud liability is initiated by the submission of “false or fraudulent” statements in a trademark application. This language presents a critical problem for registrants because the terms false and fraudulent are not synonymous, and it is unclear what actually triggers fraud liability. As a result, the requirements for fraud liability and the corresponding standards for fraud have been in fluctuation over the past ten years. In 2009, …

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Patent Office As Biosecurity Gatekeeper: Fostering Responsible Science And Building Public Trust In Diy Science, 10 J. Marshall Rev. Intell. Prop. L. 423 (2011), Brian J. Gorman Jan 2011

Patent Office As Biosecurity Gatekeeper: Fostering Responsible Science And Building Public Trust In Diy Science, 10 J. Marshall Rev. Intell. Prop. L. 423 (2011), Brian J. Gorman

UIC Review of Intellectual Property Law

When the fields of intellectual property law and biotechnology intersect, most analysis is driven byeconomic and ethical issues. This article examines these factors, but in relation to the emerging security threat posed by biohackers, or do-it-yourself (“DIY”) scientists, who operate free from oversight and industry norms at the fringes of the biotechnology community. Public health risks are poised to grow as these citizen-scientists race for lucrative discoveries in the new frontier of syntheticbiology. This article proposes that the existing paradigm adjust accordingly to leverage regulatory compliance from the most ambitious biohackers looking to benefit from patent protection. The U.S. government …

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Do You Mind My Smoking? Plain Packaging Of Cigarettes Under The Trips Agreement, 10 J. Marshall Rev. Intell. Prop. L. 450 (2011), Alberto Alemanno, Enrico Bonadio Jan 2011

Do You Mind My Smoking? Plain Packaging Of Cigarettes Under The Trips Agreement, 10 J. Marshall Rev. Intell. Prop. L. 450 (2011), Alberto Alemanno, Enrico Bonadio

UIC Review of Intellectual Property Law

Plain packaging, a new tobacco control tool that a growing number of countries are considering, mandates the removal of all attractive and promotional aspects of tobacco product packages. As a result of plain packaging, the only authorized feature remaining on a tobacco package is the use of the brand name, displayed in a standard font, size, colour and location on the package. In opposing this new strategy, the tobacco industry is particularly keen on emphasizing the uselessness of plain packaging in reducing smoking rates and its incompatibility with trade mark provisions of international treaties. In particular, the tobacco industry and …

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The Application Of Data Access Policies Designed For Genome-Wide Association Studies To Smaller Scale Databases, 10 J. Marshall Rev. Intell. Prop. L. 476 (2011), Donna M. Gitter Jan 2011

The Application Of Data Access Policies Designed For Genome-Wide Association Studies To Smaller Scale Databases, 10 J. Marshall Rev. Intell. Prop. L. 476 (2011), Donna M. Gitter

UIC Review of Intellectual Property Law

Scientific progress thrives with open discussion of new ideas and supporting data. To this end, researchers traditionally publish their results in scientific papers—papers that contain the new ideas and the underlying data supporting those ideas. With the advent of large-scale and high-throughput data analysis, however, the creation of scientific databases have replaced the traditional model. For such publically-funded, data-intensive projects, funding agencies typically require that all relevant data be made available on a publicly accessible website at the time of the paper’s publication. Against the backdrop of the public accessibility model used in the 1000 Genomes Project, the author recommends …

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Interpreting Myriad: Acquiring Patent Law's Meaning Through Contemporary Jurisprudence And Humanistic Viewpoint Of Common Heritage Of Dna, 10 J. Marshall Rev. Intell. Prop. L. 508 (2011), Saby Ghoshray Jan 2011

Interpreting Myriad: Acquiring Patent Law's Meaning Through Contemporary Jurisprudence And Humanistic Viewpoint Of Common Heritage Of Dna, 10 J. Marshall Rev. Intell. Prop. L. 508 (2011), Saby Ghoshray

UIC Review of Intellectual Property Law

Until Judge Sweet’s decision in Association for Molecular Pathology v. U.S. Patent & Trademark Office (Myriad), gene patentability in the United States has evaded prohibition for more than three decades since Diamond v. Chakrabarty. The Myriad decision has captured the imagination of the legal community—but not in isolation. This article examines Myriad through the lens of two contemporary European decisions related to gene patenting, Eli Lilly & Co. v Human Genome Sciences, Inc and Monsanto Technology LLC v. Cefetra BV, suggesting that Myriad is a narrative that evolves at the intersection of law’s aspiration, humanity’s common heritage, and corporate realities …

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Biotech Patent Infringement In Europe: The "Functionality" Gatekeeper, 10 J. Marshall Rev. Intell. Prop. L. 540 (2011), Vid Mohan-Ram, Richard Peet, Philippe Vlaemminck Jan 2011

Biotech Patent Infringement In Europe: The "Functionality" Gatekeeper, 10 J. Marshall Rev. Intell. Prop. L. 540 (2011), Vid Mohan-Ram, Richard Peet, Philippe Vlaemminck

UIC Review of Intellectual Property Law

The Court of Justice of the European Union recently concluded in Monsanto Technology LLC v. Cefetra BV that a patent with claims drawn to isolated DNA, or transgenic products containing that sequence, cannot be infringed if the DNA is not functional at the time of the alleged infringement.This paper discusses how the Cefetra judgment may unintentionally inflict serious economic harm on the European biotechnology industry because countless biotechnology products may no longer be protected by what are otherwise valid and enforceable patent claims. After Cefetra, an accused infringer may deny infringement by simply asserting that the patented sequence does not …

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Trademark Protection Of Live Animals: The Bleat Goes On, 10 J. Marshall Rev. Intell. Prop. L. 715 (2011), Lee B. Burgunder Jan 2011

Trademark Protection Of Live Animals: The Bleat Goes On, 10 J. Marshall Rev. Intell. Prop. L. 715 (2011), Lee B. Burgunder

UIC Review of Intellectual Property Law

The Wall Street Journal recently reported that the owner of a Swedish restaurant was suing other businesses for violating its registered trademark, which surprisingly consists of live goats on a grass roof. The PTO and the courts have steadily enlarged the set of trade dress features that might serve as trademarks, and there is no reason, in theory, to treat live animals differently. Nevertheless, the PTO likely made a mistake in this instance when it agreed to register the mark. This article evaluates the requirements for protecting trade dress with trademarks, and explains why a Swedish restaurant should not have …

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Recognition And Presentation Of A “New Result” To Reach A Safe Harbor, 10 J. Marshall Rev. Intell. Prop. L. 583 (2011), Hal Milton Jan 2011

Recognition And Presentation Of A “New Result” To Reach A Safe Harbor, 10 J. Marshall Rev. Intell. Prop. L. 583 (2011), Hal Milton

UIC Review of Intellectual Property Law

A safe harbor where a patent has the best chance of survival in a litigation storm is only established by dividing the preparation of a patent application into two separate categories: the recognition of the new result and the presentation of the new result throughout the patent application. The two famous cases of Great Atlantic and Pacific Tea Co. v. Supermarket Equipment Corp. and Graham v. John Deere Co. illustrate how the implementation of recognition and presentation might have prevented litigation or saved the patents.

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Notice That Registered Trademark In The Window?, 10 J. Marshall Rev. Intell. Prop. L. 736 (2011), James Juo Jan 2011

Notice That Registered Trademark In The Window?, 10 J. Marshall Rev. Intell. Prop. L. 736 (2011), James Juo

UIC Review of Intellectual Property Law

The letter R enclosed in a circle (i.e., the “®” symbol) is a well-known form of statutory notice for a trademark registered with the United States Patent and Trademark Office. This helps ensure that the public will identify a mark as a source identifier rather than as a generic term for a product or service. Although not mandatory, failure to display the registration symbol or another form of statutory notice with a registered trademark may limit the monetary remedies recoverable in a lawsuit for infringement of that registered mark under the Lanham Act. Absent statutory notice, damages for infringements and …

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University Initiation Of Patent Infringement Litigation, 10 J. Marshall Rev. Intell. Prop. L. 623 (2011), Jacob H. Rooksby Jan 2011

University Initiation Of Patent Infringement Litigation, 10 J. Marshall Rev. Intell. Prop. L. 623 (2011), Jacob H. Rooksby

UIC Review of Intellectual Property Law

While the literature examining university engagement in patenting and technology transfer is quite developed, commentators largely have overlooked university involvement in patent litigation. This article focuses on one aspect of that involvement—initiation of patent infringement litigation—by providing a quantitative and textual analysis of patent infringement actions initiated by universities from 2009 through 2010. Suing for-profit actors for money may seem antithetical to the mission of not-for-profit universities, but in fact universities filed over fifty such cases in the studied time period. Examination of these cases reveals a remarkable similarity between the litigation behavior of universities and for-profit actors, as well …

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You Don’T Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, 10 J. Marshall Rev. Intell. Prop. L. 695 (2011), William Henslee, Elizabeth Henslee Jan 2011

You Don’T Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, 10 J. Marshall Rev. Intell. Prop. L. 695 (2011), William Henslee, Elizabeth Henslee

UIC Review of Intellectual Property Law

Many recording artists and songwriters never reap the rewards of their work. America’s first professional songwriter died in poverty at the age of thirty-seven. At the Congressional level the situation has described recording artists as “one group of creators who get ripped off more than anybody else in any other industry”. As we approach 2013, there will be a new line of cases that deal with authors of sound recordings attempting to terminate their copyright assignment to the record companies. While the most efficient and frugal solution would be legislative action, the most probable outcome is expensive, fact-intensive litigation. Congress …

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The Utilitarian Fruits Approach To Justifying Patentable Subject Matter, 10 J. Marshall Rev. Intell. Prop. L. 753 (2011), Emir Aly Crowne Jan 2011

The Utilitarian Fruits Approach To Justifying Patentable Subject Matter, 10 J. Marshall Rev. Intell. Prop. L. 753 (2011), Emir Aly Crowne

UIC Review of Intellectual Property Law

This article proposes an approach to justifying patentable subject matter that uses Locke as its starting point, and utilitarianism as its end. The patent eligibility of any given subject matter must be a mixture of labour and certain utilitarian incentives. If these elements are present—and if the subject matter in question can be made to fit within the definition of invention (even if slightly uncomfortably)—then courts and tribunals should aim to accommodate it.

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Twitter's Trademark Problems: Is The Anticybersquatting Consumer Protection Act Outdated?, 10 J. Marshall Rev. Intell. Prop. L. 764 (2011), Cole C. Hardy Jan 2011

Twitter's Trademark Problems: Is The Anticybersquatting Consumer Protection Act Outdated?, 10 J. Marshall Rev. Intell. Prop. L. 764 (2011), Cole C. Hardy

UIC Review of Intellectual Property Law

Under the Lanham Act there is no remedy for individuals when imposters register user names with corresponding post-domain paths containing protected trademarks on social network websites. While Twitter temporarily experimented with its own verification process, it currently does not help users of its site distinguish trademark owners’ pages from the imposters’ pages. Current law discouraging such activity only applies to domain names. This article proposes that with a minor change to the ACPA, the Lanham Act could be updated to help trademark owners protect their rights when infringing activity is experienced with social networking handles and the corresponding post-domain paths.

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The Future Of The Administrative Presidency: Turning Administrative Law Inside-Out, Sidney A. Shapiro, Ronald F. Wright Jan 2011

The Future Of The Administrative Presidency: Turning Administrative Law Inside-Out, Sidney A. Shapiro, Ronald F. Wright

University of Miami Law Review

No abstract provided.

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Breaking The Silence: A Challenge To Executive Use Of The State Secrets Privilege To Dismiss Claims Of Cia Torture In Mohamed V. Jeppesen Dataplan, Inc., Erin E. Bohannon Jan 2011

Breaking The Silence: A Challenge To Executive Use Of The State Secrets Privilege To Dismiss Claims Of Cia Torture In Mohamed V. Jeppesen Dataplan, Inc., Erin E. Bohannon

University of Miami Law Review

No abstract provided.

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Curbing Corporate Abuse From Jurisprudential Off-Sites: Problematic Paradigms In United States V. Textron Inc., Cosme Caballero Jan 2011

Curbing Corporate Abuse From Jurisprudential Off-Sites: Problematic Paradigms In United States V. Textron Inc., Cosme Caballero

University of Miami Law Review

No abstract provided.

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Jones V. Harris Associates L.P.: The Search For Investor Protection Continues ..., Ryan Bollman, Mark Andreu Jan 2011

Jones V. Harris Associates L.P.: The Search For Investor Protection Continues ..., Ryan Bollman, Mark Andreu

University of Miami Law Review

No abstract provided.

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Ruth B. Hardy Revocable Trust V. Eagle Mountain Lots, Llc: Errata, Utah Court Of Appeals Jan 2011

Ruth B. Hardy Revocable Trust V. Eagle Mountain Lots, Llc: Errata, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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Aiona Butters V. Nathan Gary Herbert : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Aiona Butters V. Nathan Gary Herbert : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

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Ruth B. Hardy Revocable Trust, Delcon Corporation Profit Sharing Plan Fbo A. Wesley Hardy Aka Delcon Corp. Psp Fbo A. W. Hardy, Finesse P.S.P., Mjs Real Properties Llc Aka Mjs Real Properties, Uintah Investments, Llc Aka Uintah Investments David D. Smith, Steven Condie, David L. Johnson, Berrett Psp, Vw Professional Homes Psp, Ty Thomas, And D.R.P. Management Psp V. Eagle Mountain Lots, L.L.C., Aka Eagle Mountain Lots, Llc, Grant Bybee, Bbands, Llc, Robert A. Jones Dba Bbands, Llc, The Circle Of Builders, Llc., Royal Richards, Steven T. Gyuro, Aka Tom Gyuro, Eagle Mountain City And John Does I-X : Reply Brief, Utah Court Of Appeals Jan 2011

Ruth B. Hardy Revocable Trust, Delcon Corporation Profit Sharing Plan Fbo A. Wesley Hardy Aka Delcon Corp. Psp Fbo A. W. Hardy, Finesse P.S.P., Mjs Real Properties Llc Aka Mjs Real Properties, Uintah Investments, Llc Aka Uintah Investments David D. Smith, Steven Condie, David L. Johnson, Berrett Psp, Vw Professional Homes Psp, Ty Thomas, And D.R.P. Management Psp V. Eagle Mountain Lots, L.L.C., Aka Eagle Mountain Lots, Llc, Grant Bybee, Bbands, Llc, Robert A. Jones Dba Bbands, Llc, The Circle Of Builders, Llc., Royal Richards, Steven T. Gyuro, Aka Tom Gyuro, Eagle Mountain City And John Does I-X : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Order of the Fourth Judicial District Court, The Honorable Steven L. Hansen, Granting Appellees' Motion for Summary Judgment and Denying Eagle Mountain City's Motion for Summary Judgment.

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Utah Department Of Transportation V. Fpa West Point, Llc, A Delaware Limited Liability Company, First American Title Insurance Company, A California Corporation, Bank Of America, Na, Fka Lasalle Bank, K Mart Corporation, A Michigan Corporation, And New Albertson's Inc., An Ohio Corporation : Brief Of Plaintiff/Petitioner, Utah Court Of Appeals Jan 2011

Utah Department Of Transportation V. Fpa West Point, Llc, A Delaware Limited Liability Company, First American Title Insurance Company, A California Corporation, Bank Of America, Na, Fka Lasalle Bank, K Mart Corporation, A Michigan Corporation, And New Albertson's Inc., An Ohio Corporation : Brief Of Plaintiff/Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an Interlocutory Order of the Third Judicial District Court, Salt Lake County, State of Utah, Honorable Tyrone E. Medley, Presiding

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Utah Department Of Transportation V.Fpa West Point, Llc, A Delaware Limited Liability Company, First American Title Insurance Company, A California Corporation, Bank Of America, Na, Fka Lasalle Bank, Na, K Mart Corporation, A Michigan Corporation, And New Albertson's Inc., An Ohio Corporation : Brief Of Defendant/Appellee, Utah Court Of Appeals Jan 2011

Utah Department Of Transportation V.Fpa West Point, Llc, A Delaware Limited Liability Company, First American Title Insurance Company, A California Corporation, Bank Of America, Na, Fka Lasalle Bank, Na, K Mart Corporation, A Michigan Corporation, And New Albertson's Inc., An Ohio Corporation : Brief Of Defendant/Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Interlocutory Order of the Third Judicial District Court, Salt Lake County, State of Utah Honorable Tyrone E. Medley

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Rex Randall V. Progressive Insurance Company, Inc. : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Rex Randall V. Progressive Insurance Company, Inc. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from a Grant of Summary Judgment, Civil No. 100903913 Judge Ernest Jones

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Commonwealth Property Advocates, Llc. V. Jpmorgan Chase Bank, National Association, And John Does Of Unknown Number : Reply Brief, Utah Court Of Appeals Jan 2011

Commonwealth Property Advocates, Llc. V. Jpmorgan Chase Bank, National Association, And John Does Of Unknown Number : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Trial Court and Judge: Appeal from the Third District Court, Salt Lake County, Case No. 100404018, Judge Andrew Stone

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Commonwealth Property Advocates, Llc. V. Jpmorgan Chase Bank, National Association, And John Does Of Unknown Number : Brief Of Appellant, Utah Court Of Appeals Jan 2011

Commonwealth Property Advocates, Llc. V. Jpmorgan Chase Bank, National Association, And John Does Of Unknown Number : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Brief of Appellant.

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Ken Merena, An Individual, And Dba Merena Investments V. Alice Davis (Fka Alice Merena) : Brief Of Appellee, Utah Court Of Appeals Jan 2011

Ken Merena, An Individual, And Dba Merena Investments V. Alice Davis (Fka Alice Merena) : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

BRIEF OF APPELLEE On Appeal from a Ruling of the Third District Court, Salt Lake Department, Honorable Denise P. Lindberg presiding.

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