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Intellectual Property Law Commons

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Constitutional Law

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Articles 541 - 570 of 808

Full-Text Articles in Intellectual Property Law

Thomas & Betts Corp. V. Panduit Corp.-Toward A Coherent View Of Trade Dress Protection For Product Configurations, R. Lawton Jordan Iii Apr 2016

Thomas & Betts Corp. V. Panduit Corp.-Toward A Coherent View Of Trade Dress Protection For Product Configurations, R. Lawton Jordan Iii

Georgia Journal of Law & Technology

No abstract provided.


Does Your Claim Conform To Means-Plus-Function Format Under Section 112, Paragraph Six?: 0.1 Corp. V. Tekmar Co., Fidel D. Nwamu Apr 2016

Does Your Claim Conform To Means-Plus-Function Format Under Section 112, Paragraph Six?: 0.1 Corp. V. Tekmar Co., Fidel D. Nwamu

Georgia Journal of Law & Technology

No abstract provided.


Copyright Misuse And The Limits Of The Intellectual Property Monopoly, Aaron Xavier Fellmeth Apr 2016

Copyright Misuse And The Limits Of The Intellectual Property Monopoly, Aaron Xavier Fellmeth

Georgia Journal of Law & Technology

No abstract provided.


If It Ain't Broke, Don't Fix It: The Unnecessary Scope Of Patent Reform As Embodied In The "21st Century Patent System Improvement Act" And "The Omnibus Patent Act Of 1997", Jeffery E. Robertson Apr 2016

If It Ain't Broke, Don't Fix It: The Unnecessary Scope Of Patent Reform As Embodied In The "21st Century Patent System Improvement Act" And "The Omnibus Patent Act Of 1997", Jeffery E. Robertson

Georgia Journal of Law & Technology

No abstract provided.


Tee'd Off - Golf Course Designers Score Double Bogey In Search For Protection Of Their Hole Designs, Robert D. Howell Apr 2016

Tee'd Off - Golf Course Designers Score Double Bogey In Search For Protection Of Their Hole Designs, Robert D. Howell

Georgia Journal of Law & Technology

No abstract provided.


Regents Guide To Understanding Copyright And Educational Fair Use (Preface By L. Ray Patterson), L. Ray Patterson Apr 2016

Regents Guide To Understanding Copyright And Educational Fair Use (Preface By L. Ray Patterson), L. Ray Patterson

Georgia Journal of Law & Technology

No abstract provided.


On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo Apr 2016

On Legal Protection For Electronic Texts: A Reply To Professor Patterson And Judge Birch, Douglas Y'Barbo

Georgia Journal of Law & Technology

No abstract provided.


Patent Compensation Under 35 U.S.C. § 284, Vincent P. Tassinari Apr 2016

Patent Compensation Under 35 U.S.C. § 284, Vincent P. Tassinari

Georgia Journal of Law & Technology

No abstract provided.


Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren Apr 2016

Redefining The Market Failure Approach To Fair Use In An Era Of Copyright Permission Systems, Lydia Pallas Loren

Georgia Journal of Law & Technology

No abstract provided.


Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. Mcgee Apr 2016

Burning The Village To Roast The Pig: Congressional Attempt To Regulate "Indecency" On The Internet Rejected In Aclu V. Reno, James M. Mcgee

Georgia Journal of Law & Technology

No abstract provided.


Baxter V. Cobe: Public Use Or Secret Prior Art?, Edwin D. Garlepp Apr 2016

Baxter V. Cobe: Public Use Or Secret Prior Art?, Edwin D. Garlepp

Georgia Journal of Law & Technology

No abstract provided.


File Caching On The Internet: Technical Infringement Or Safeguard For Efficient Network Operation?, Richard S. Vermut Apr 2016

File Caching On The Internet: Technical Infringement Or Safeguard For Efficient Network Operation?, Richard S. Vermut

Georgia Journal of Law & Technology

No abstract provided.


Taking Patents, Gregory Dolin, Irena D. Manta Apr 2016

Taking Patents, Gregory Dolin, Irena D. Manta

Washington and Lee Law Review

The America Invents Act (AIA) was widely hailed as a remedy to the excessive number of patents that the Patent & Trademark Office issued, and especially ones that would later turn out to be invalid. In its efforts to eradicate “patent trolls” and fend off other ills, however, the AIA introduced serious constitutional problems that this Article brings to the fore. We argue that the AIA’s new “second-look” mechanisms in the form of Inter Partes Review (IPR) and Covered Business Method Review (CBMR) have greatly altered the scope of vested patent rights by modifying the boundaries of existing patents. The …


Keeping It In The Kitchen: An Analysis Of Intellectual Property Protection Through Trade Secrets In The Restaurant Industry, Sarah Segal Apr 2016

Keeping It In The Kitchen: An Analysis Of Intellectual Property Protection Through Trade Secrets In The Restaurant Industry, Sarah Segal

Cardozo Law Review

No abstract provided.


Copyright And The Constitution In The Age Of Intellectual Property, David Lange Mar 2016

Copyright And The Constitution In The Age Of Intellectual Property, David Lange

Georgia Journal of Law & Technology

No abstract provided.


Copyright And "The Exclusive Right " Of Authors, L. Ray Patterson Mar 2016

Copyright And "The Exclusive Right " Of Authors, L. Ray Patterson

Georgia Journal of Law & Technology

No abstract provided.


Wobbling On The Shoulders Of Giants: The Supreme Court's Failure In Lotus V. Borland, Bradley W. Grout Mar 2016

Wobbling On The Shoulders Of Giants: The Supreme Court's Failure In Lotus V. Borland, Bradley W. Grout

Georgia Journal of Law & Technology

No abstract provided.


Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr. Mar 2016

Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr.

Georgia Journal of Law & Technology

No abstract provided.


The Jury's Role In Patent Cases: Markman V. Westview Instruments, Inc., Paul N. Higbee Jr. Mar 2016

The Jury's Role In Patent Cases: Markman V. Westview Instruments, Inc., Paul N. Higbee Jr.

Georgia Journal of Law & Technology

No abstract provided.


But How Far? Rite-Hite Corp. V. Kelley Co.'S Expansion Of The Scope Of Patent Damages, Robert J. Cox Mar 2016

But How Far? Rite-Hite Corp. V. Kelley Co.'S Expansion Of The Scope Of Patent Damages, Robert J. Cox

Georgia Journal of Law & Technology

No abstract provided.


Unofficial Opinion Of The Attorney General Of The State Of Georgia: The Scope Of The Fair Use Doctrine, Department Of Law State Of Georgia, Michael E. Hobbs, L. Ray Patterson Mar 2016

Unofficial Opinion Of The Attorney General Of The State Of Georgia: The Scope Of The Fair Use Doctrine, Department Of Law State Of Georgia, Michael E. Hobbs, L. Ray Patterson

Georgia Journal of Law & Technology

No abstract provided.


Constitutionality Of Judicially-Imposed Compulsory Licenses In Copyright Infringement Cases, Jason S. Rooks Mar 2016

Constitutionality Of Judicially-Imposed Compulsory Licenses In Copyright Infringement Cases, Jason S. Rooks

Georgia Journal of Law & Technology

No abstract provided.


Back To The Future: How Federal Courts Create A Federal Common-Law Copyright Through Permanent Injunctions Protecting Future Works, Kristina Rosette Mar 2016

Back To The Future: How Federal Courts Create A Federal Common-Law Copyright Through Permanent Injunctions Protecting Future Works, Kristina Rosette

Georgia Journal of Law & Technology

No abstract provided.


Chipping Away At The Copyright Owner's Rights: Congress' Continued Reliance On The Compulsory License, Darlene A. Cote Mar 2016

Chipping Away At The Copyright Owner's Rights: Congress' Continued Reliance On The Compulsory License, Darlene A. Cote

Georgia Journal of Law & Technology

No abstract provided.


To Promote The Progress Of Science And Useful Arts: The Background And Origin Of The Intellectual Property Clause Of The United States Constitution, Edward C. Walterscheid Mar 2016

To Promote The Progress Of Science And Useful Arts: The Background And Origin Of The Intellectual Property Clause Of The United States Constitution, Edward C. Walterscheid

Georgia Journal of Law & Technology

No abstract provided.


The Audio Home Recording Act Of 1992, Christine C. Carlisle Mar 2016

The Audio Home Recording Act Of 1992, Christine C. Carlisle

Georgia Journal of Law & Technology

No abstract provided.


Payment Demands For Spurious Copyrights: Four Causes Of Action, Paul J. Heald Mar 2016

Payment Demands For Spurious Copyrights: Four Causes Of Action, Paul J. Heald

Georgia Journal of Law & Technology

No abstract provided.


Are The Secrecy Order Compensation Provisions Of The Patent Act Constitutional Under The Fifth Amendment?, Adam J. Citrin Mar 2016

Are The Secrecy Order Compensation Provisions Of The Patent Act Constitutional Under The Fifth Amendment?, Adam J. Citrin

Akron Intellectual Property Journal

The secrecy order provisions of the Patent Act' raise a number of issues under the U.S. Constitution. The primary focus of this note is on the Fifth Amendment issues raised by the Invention Secrecy Act.


An Unconventional Approach To Reviewing The Judicially Unreviewable: Applying The Dormant Commerce Clause To Copyright, Donald P. Harris Jan 2016

An Unconventional Approach To Reviewing The Judicially Unreviewable: Applying The Dormant Commerce Clause To Copyright, Donald P. Harris

Kentucky Law Journal

No abstract provided.


Can Dna Be Speech?, Jorge R. Roig Jan 2016

Can Dna Be Speech?, Jorge R. Roig

Scholarly Works

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being. In this article we discuss myriad current and developing ways in which …