Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UIC School of Law (721)
- Schulich School of Law, Dalhousie University (296)
- Seattle University School of Law (218)
- Yeshiva University, Cardozo School of Law (168)
- Southern Methodist University (150)
-
- Santa Clara Law (145)
- University of Michigan Law School (111)
- Maurer School of Law: Indiana University (90)
- The Catholic University of America, Columbus School of Law (90)
- DePaul University (82)
- Case Western Reserve University School of Law (75)
- Duke Law (71)
- American University Washington College of Law (61)
- BLR (48)
- Boston University School of Law (38)
- New York Law School (29)
- Marquette University Law School (24)
- University of Georgia School of Law (24)
- Brooklyn Law School (23)
- Columbia Law School (21)
- Texas A&M University School of Law (20)
- Northwestern Pritzker School of Law (17)
- University of Washington School of Law (17)
- Georgetown University Law Center (16)
- Pepperdine University (16)
- University of Richmond (16)
- Fordham Law School (15)
- University of Missouri-Kansas City School of Law (15)
- University of Maryland Francis King Carey School of Law (14)
- Washington and Lee University School of Law (13)
- Keyword
-
- Copyright (145)
- Intellectual property (143)
- Technology (107)
- Patent law (98)
- Patents (96)
-
- Patent (88)
- Intellectual Property Law (82)
- Patents & Technology (62)
- Biotechnology (57)
- Artificial intelligence (54)
- Innovation (50)
- Science and Technology (50)
- AI (47)
- Copyright law (39)
- Intellectual Property (39)
- Law and Technology (38)
- IP (34)
- Internet (32)
- Software (31)
- Law (28)
- Research and development (28)
- Patentability (27)
- Privacy (27)
- Trademark (26)
- Computer Law (25)
- Bayh-Dole Act (22)
- Generative AI (22)
- Patent infringement (22)
- Pharmaceuticals (22)
- Science (21)
- Publication Year
- Publication
-
- UIC Review of Intellectual Property Law (548)
- Canadian Journal of Law and Technology (272)
- Seattle University Law Review (198)
- SMU Science and Technology Law Review (146)
- Santa Clara High Technology Law Journal (143)
-
- UIC John Marshall Journal of Information Technology & Privacy Law (138)
- Cardozo Arts & Entertainment Law Journal (103)
- Faculty Scholarship (98)
- Catholic University Journal of Law and Technology (83)
- DePaul Journal of Art, Technology & Intellectual Property Law (82)
- Journal of Law, Technology, & the Internet (75)
- IP Theory (68)
- Duke Law & Technology Review (64)
- Articles (55)
- ExpressO (48)
- UIC Law Review (27)
- Cardozo Law Review (23)
- Michigan Telecommunications & Technology Law Review (22)
- Marquette Intellectual Property Law Review (21)
- American University Law Review (19)
- Articles & Chapters (19)
- Articles, Book Chapters, & Popular Press (18)
- Scholarly Articles in Law Reviews & Journals (17)
- Michigan Law Review (15)
- Faculty Works (14)
- Journal of Intellectual Property Law (13)
- Michigan Technology Law Review (13)
- Other Publications (13)
- Cardozo Journal of International and Comparative Law (12)
- Law Faculty Publications (12)
- Publication Type
- File Type
Articles 2071 - 2100 of 2868
Full-Text Articles in Intellectual Property Law
Sui Generis Genius: How The Design Protection Statute Could Be Amended To Include Entertainment Pitch Ideas, 9 J. Marshall Rev. Intell. Prop. L. 184 (2009), Lindsey Weisselberg
Sui Generis Genius: How The Design Protection Statute Could Be Amended To Include Entertainment Pitch Ideas, 9 J. Marshall Rev. Intell. Prop. L. 184 (2009), Lindsey Weisselberg
UIC Review of Intellectual Property Law
Hollywood writers and idea men have struggled to gain protection for their entertainment treatments because their works are caught in the realm between unprotected ideas and fully protected expression. In addition to their failure to secure federal copyright protection for their treatments, idea men have also failed to obtain state law protection for their entertainment ideas, leaving them with virtually no legal recourse for idea theft. This comment proposes that Congress should create sui generis protection for ideas in the entertainment industry similar to the protections afforded under the Vessel Hull Design Protection Act.
Dubai's New Intellectual Property-Based Economy: Prospects For Development Without Dependency, 9 J. Marshall Rev. Intell. Prop. L. 84 (2009), Amir H. Khoury
Dubai's New Intellectual Property-Based Economy: Prospects For Development Without Dependency, 9 J. Marshall Rev. Intell. Prop. L. 84 (2009), Amir H. Khoury
UIC Review of Intellectual Property Law
The Emirate of Dubai has, as a result of deliberate policy actions, been able to reinvigorate, indeed to reinvent, its Intellectual Property Potential. That is to say Dubai has boosted its ability to be the originator (and creator) of intellectual property subject-matter, rather than merely a consumer thereof. Dubai has achieved the two conditions through which an intellectual property régime becomes a valuable national asset for a country with an initially low Intellectual Property Potential; namely a structured regulatory framework coupled with effective infrastructure- related action. Dubai's undertakings in the intellectual property sphere go to show that even a country …
Embedded Advertising: Your Rights In The Tivo Era, 9 J. Marshall Rev. Intell. Prop. L. 146 (2009), Ann K. Hagerty
Embedded Advertising: Your Rights In The Tivo Era, 9 J. Marshall Rev. Intell. Prop. L. 146 (2009), Ann K. Hagerty
UIC Review of Intellectual Property Law
As DVR usage rapidly increases, embedded advertising is evolving and blurring the line for the viewing public between advertising and content. The FCC responded by seeking public commentary and guidance on the regulations governing embedded advertising. The comments the FCC received revealed a heated debate between media industry advocates and those who seek to protect consumer interests. The recent increase in the practice of embedded advertising has only intensified this debate. A balance must be struck between the interests of the media industry and the viewing public. To do so, the FCC must adopt a regulatory scheme that commands viewers’ …
Is Bilski Likely The Final Word On Tax Strategy Patents? Coherence Matters, 9 J. Marshall Rev. Intell. Prop. L. 110 (2009), Linda M. Beale
Is Bilski Likely The Final Word On Tax Strategy Patents? Coherence Matters, 9 J. Marshall Rev. Intell. Prop. L. 110 (2009), Linda M. Beale
UIC Review of Intellectual Property Law
The Supreme Court‘s grant of certiorari in In re Bilski presents an opportunity to lay to rest the patent eligibility of tax strategies. A comparison of the core values of the patent and tax systems reveals fundamental conflicts that have gained the attention of tax practitioners, bar associations and Congress. These conflicts are identified by tracing both the development of patentable subject matter and the policy goals of the tax system. This article addresses the future of tax strategy patents in light of In re Bilski and analyzes the potential for the Court to deliver guidance that makes clear the …
Northern District Of Illinois Adopts Local Patent Rules, 9 J. Marshall Rev. Intell. Prop. L. 202 (2009), Edward D. Manzo, Matthew F. Kennelly
Northern District Of Illinois Adopts Local Patent Rules, 9 J. Marshall Rev. Intell. Prop. L. 202 (2009), Edward D. Manzo, Matthew F. Kennelly
UIC Review of Intellectual Property Law
The Northern District of Illinois took a proactive step in addressing procedural issues that commonly arise in patent litigation by enacting the Court’s Local Patent Rules. These Rules provide a uniform structure to pretrial procedures in patent cases involving claims of infringement, non-infringement, invalidity, or unenforceability of utility patents. The Rules will enable greater predictability and planning for the Court, counsel, and clients by requiring parties to indentify and focus upon outcome determinative or otherwise significant disputes. This article offers insight on the Rules from two members of the committee of district court judges and experienced lawyers that initially drafted …
Preferred Embodiments In Patents, 9 J. Marshall Rev. Intell. Prop. L. 398 (2009), Tom Brody
Preferred Embodiments In Patents, 9 J. Marshall Rev. Intell. Prop. L. 398 (2009), Tom Brody
UIC Review of Intellectual Property Law
It is a tradition in patent drafting to refer to one or more examples as “preferred” or as a “preferred embodiment.” While these “preferred embodiments” reside in the specification, they can influence the interpretation of the claims. The role of preferred embodiments in claim construction was the issue in two cases, Laitram Corp. v. Cambridge Wire Cloth Co. and Vitronics Corp. v. Conceptronic, Inc. These cases represent two different lineages of the case law that refer to preferred embodiments, where application of these cases broadens (or prevents narrowing of) claim scope. Laitram warns against confining the claim to a specific …
Social Networking And Blogging: The New Legal Frontier, 9 J. Marshall Rev. Intell. Prop. L. 500 (2009), Robert Newman, Liisa Thomas
Social Networking And Blogging: The New Legal Frontier, 9 J. Marshall Rev. Intell. Prop. L. 500 (2009), Robert Newman, Liisa Thomas
UIC Review of Intellectual Property Law
Improvements in communication technology have effectively made the world a smaller place. As businesses attempt to exploit these new technological improvements to better communicate their messages to their clients, these same improvements continue to raise new and difficult legal issues related to fair trade practices, privacy, and freedom of speech. This article identifies current legal developments related to advertising in the online world and analyzes the actions taken to resolve these new and difficult legal issues within the framework of United States federal and state law and private industry-specific self-governance.
The Long And Winding Road To The Google Books Settlement, 9 J. Marshall Rev. Intell. Prop. L. 227 (2009), Jonathan Band
The Long And Winding Road To The Google Books Settlement, 9 J. Marshall Rev. Intell. Prop. L. 227 (2009), Jonathan Band
UIC Review of Intellectual Property Law
In its Library Project, Google is scanning millions of books from the world’s leading research libraries to include in a searchable database. This scanning has occurred without the copyright owners’ authorization, leading to the class action copyright infringement lawsuit, Authors Guild v. Google, Inc. The central legal issue in the litigation is whether copyright law’s fair use doctrine provides Google with a defense against the authors’ claims. Ultimately, the parties reached a settlement. The proposed Settlement Agreement is an extremely complex document which, if approved by the court, will govern the future of the Google Library Project. It creates a …
The Author’S Rights In Literary And Artistic Works, 9 J. Marshall Rev. Intell. Prop. L. 453 (2009), Alina Ng
The Author’S Rights In Literary And Artistic Works, 9 J. Marshall Rev. Intell. Prop. L. 453 (2009), Alina Ng
UIC Review of Intellectual Property Law
Authorship and creativity are products of authentic human expression that the law must encourage in order for works to be produced. The commercial market for literary and artistic works encourages the creation of diverse works to meet popular consumer demand. Focus on popular demand may, however, result in works that lack social, educational and cultural value or utility. Natural law philosophy suggests that the copyright system should be an ethical and moral institution that would, in turn, promote the progress of society through authentic authorship. While economic incentives offer authors market rewards that may facilitate the creation and dissemination, economic …
Declaratory Judgment Jurisdiction In Patent Disputes: A Rock And A Hard Place, 9 J. Marshall Rev. Intell. Prop. L. 583 (2009), Jonathan S. Pope
Declaratory Judgment Jurisdiction In Patent Disputes: A Rock And A Hard Place, 9 J. Marshall Rev. Intell. Prop. L. 583 (2009), Jonathan S. Pope
UIC Review of Intellectual Property Law
In 2007, the United States Supreme Court invalidated the Federal Circuit’s test for declaratory judgment jurisdiction explaining that the law requires an “all circumstances” approach and that the “reasonable apprehension of suit” test is not sufficient. The Federal Circuit’s subsequent applications of the “all circumstances” test show that a potential infringer is likely to sustain jurisdiction where the potential infringer and the patentee have merely communicated their adverse positions to one another. On the other hand, the Federal Circuit is not likely to find jurisdiction where the patent-holder has not communicated, or has vaguely communicated, its position to the potential …
Couture Copyright: Copyright Protection Fitting For Fashion Design, 9 J. Marshall Rev. Intell. Prop. L. 602 (2009), Aleksandra Spevacek
Couture Copyright: Copyright Protection Fitting For Fashion Design, 9 J. Marshall Rev. Intell. Prop. L. 602 (2009), Aleksandra Spevacek
UIC Review of Intellectual Property Law
The fashion industry does not need special, protective legislation. Laws are already in place that can serve to aid in the protection of fashion design. Legislation has extended copyright protection to architectural plans and their associated structures. This extension was based on rationale that is applicable, without revision, to fashion design. The practice of denying protection to fashion design is unsupported by law. In fact, courts already have the means to grant protection to fashion design. First, the court can grant protection through analogy to architectural works. Second, the court can clarify the separability test for utilitarian designs—a test which …
Defusing The “Atomic Bomb” Of Patent Litigation: Avoiding And Defending Against Allegations Of Inequitable Conduct After Mckesson Et Al., 9 J. Marshall Rev. Intell. Prop. L. 330 (2009), Sean M. O’Connor
UIC Review of Intellectual Property Law
The doctrine of inequitable conduct in patent law has a long and vexing history. While it is sometimes mistakenly conflated with the United States Patent and Trademark Office’s Rule 56, the doctrine is actually a purely equitable one established by the Supreme Court in 1945—and not revisited by it since then. This Article re-establishes the roots and proper context of the doctrine, while tracing its confused interactions with Rule 56 over the ensuing decades. The Article reaffirms the necessary balancing act between over and under disclosure of references during patent prosecution, and the inverse sliding scale relationship of materiality and …
“Pay-For-Delay” Settlements In Pharmaceutical Litigation: Drawing A Fine Line Between Patent Zone And Antitrust Zone, 9 J. Marshall Rev. Intell. Prop. L. 528 (2009), Yuki Onoe
UIC Review of Intellectual Property Law
Congress has identified the recent trend of pharmaceutical companies to settle patent litigation under “pay-for-delay” settlements or reverse payment settlements. Under these agreements, a generic maker receives a payment from a brand-name company in exchange for withdrawing the patent challenge and refraining from entering the market until an agreed date. Most courts have rejected antitrust challenges to this practice in view of exclusive rights of patent holders and general benefits from settlements. As part of the health care reform, Congress now proposes to treat “pay-for-delay” settlements as per se illegal and entirely ban the practice. The proposal, however, limits the …
Trademark Use As Keywords: A Comparative Look At Trademark Use As Keywords In Paid Search And Digital Public Performance Rights For Sound Recordings, 9 J. Marshall Rev. Intell. Prop. L. 553 (2009), Katie Pimentel
UIC Review of Intellectual Property Law
A vigorous debate has emerged regarding the expansion of trademark owners’ rights to have exclusive control over their marks in the paid search environment. A common practice in paid search is for advertisers to purchase other companies’ trademarks as keywords for search engine results. Comparing the similarities between the current struggles concerning trademark use as paid search keywords to the evolution of the right to a digital public performance for sound recording owners, this comment proposes a model that allows purchasers of other entities’ trademarks to use those marks in a Congressionally regulated fashion in a similar way section 114 …
Sequential Innovation, Patents, And Imitation, James Bessen, Eric Maskin
Sequential Innovation, Patents, And Imitation, James Bessen, Eric Maskin
Faculty Scholarship
How could such industries as software, semiconductors, and computers have been so innovative despite historically weak patent protection? We argue that if innovation is both sequential and complementary--as it certainly has been in those industries--competition can increase firms' future profits thus offsetting short-term dissipation of rents. A simple model also shows that in such a dynamic industry, patent protection may reduce overall innovation and social welfare. The natural experiment that occurred when patent protection was extended to software in the 1980?s provides a test of this model. Standard arguments would predict that R&D intensity and productivity should have increased among …
Demythologizing Phosita: Applying The Non-Obviousness Requirement Under Canadian Patent Law To Keep Knowledge In The Public Domain & Foster Innovation, Matthew Herder
Articles, Book Chapters, & Popular Press
The Supreme Court of Canada recently revised the doctrine of non-obviousness in a pharmaceutical “selection patent” case, Apotex Inc. v. Sanofi-Synthelabo Canada Inc. Although cognizant of changes to the same doctrine in the United States and the United Kingdom, a critical flaw in how the doctrine is being applied in Canada escaped the Court’s attention. Using content analysis methodology, this article shows that Canadian courts frequently fail to characterize the “person having ordinary skill in the art” (PHOSITA) for the purpose of the obviousness inquiry. The article argues that this surprisingly common analytical mistake betrays a deep misunderstanding of innovation, …
The New Invention Creation Activity Boundary In Patent Law, Margo A. Bagley
The New Invention Creation Activity Boundary In Patent Law, Margo A. Bagley
Faculty Articles
This Essay identifies a new boundary in patent law - illegal or immoral invention creation activity - and explores the possible challenges and opportunities it may facilitate. The boundary currently is neither robust nor extensive, and whether and under what circumstances it should exist at all is open to debate.
Fixing A Hole: Eliminating Ownership Uncertainties To Facilitate University-Generated Innovation, Anthony J. Luppino
Fixing A Hole: Eliminating Ownership Uncertainties To Facilitate University-Generated Innovation, Anthony J. Luppino
Faculty Works
No abstract provided.
Bringing Down The Walls: How Technology Is Being Used To Thwart Parallel Importers Amid The International Confusion Concerning Exhaustion Of Rights, Ryan L. Vinelli
Bringing Down The Walls: How Technology Is Being Used To Thwart Parallel Importers Amid The International Confusion Concerning Exhaustion Of Rights, Ryan L. Vinelli
Cardozo Journal of International and Comparative Law
The note examines the tension between intellectual property rights and free trade, highlighting the conflict arising from market segmentation strategies employed by companies like Sony. It argues that the lack of a uniform international standard on the exhaustion of rights exacerbates this issue, suggesting that an international regime under the WTO could mitigate market segmentation and promote free trade.
A New Interface Between Copyright Law And Technology: How User-Generated Content Will Shape The Future Of Online Distribution, Maria Lillà Montagnani
A New Interface Between Copyright Law And Technology: How User-Generated Content Will Shape The Future Of Online Distribution, Maria Lillà Montagnani
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Debunking Blackstonian Copyright, Shyamkrishna Balganesh
Debunking Blackstonian Copyright, Shyamkrishna Balganesh
Faculty Scholarship
More than two decades ago, in attempting to make sense of the structural dissonance between copyright and free expression, the U.S. Supreme Court famously declared that copyright was intended to be “the engine of free expression.” Ironically, this characterization was at the time intended as little more than a rhetorical device. In that very case, the Court proceeded immediately thereafter to analyze copyright as a “marketable” property right and conclude that absent a showing of market failure, neither fair use nor the First Amendment would preclude a finding of infringement. Instead of injecting a new set of values into copyright …
Comprehensive Data Privacy Legislation: Why Now Is The Time?, Tanith L. Balaban
Comprehensive Data Privacy Legislation: Why Now Is The Time?, Tanith L. Balaban
Journal of Law, Technology, & the Internet
No abstract provided.
Introduction: Symposium On Law, Entrepreneurship, And Economic Recovery, Anthony J. Luppino
Introduction: Symposium On Law, Entrepreneurship, And Economic Recovery, Anthony J. Luppino
Faculty Works
No abstract provided.
Enabling After-Arising Technology, Kevin Emerson Collins
Enabling After-Arising Technology, Kevin Emerson Collins
Articles by Maurer Faculty
No abstract provided.
Volume 1 Issue 1 (2009)
Journal of Law, Technology, & the Internet
No abstract provided.
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
Journal Articles
This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.
Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel
Rectifying The Missing Costs Of University Patent Practices: Addressing Bayh-Dole Criticisms Through Faculty Involvement, Dovid A. Kanarfogel
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Filtering Systems Or Fair Use? A Comparative Analysis Of Proposed Regulations For User-Generated Content, Brette G. Meyers
Filtering Systems Or Fair Use? A Comparative Analysis Of Proposed Regulations For User-Generated Content, Brette G. Meyers
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Pirates Among The Second Life Islands - Why You Should Monitor The Misuse Of Your Intellectual Property In Online Virtual Worlds, Ben Quarmby
Cardozo Arts & Entertainment Law Journal
No abstract provided.
The Componentization Of Information, Kristen Jakobsen Osenga
The Componentization Of Information, Kristen Jakobsen Osenga
Law Faculty Publications
Information is ‘the oxygen of the modern age’. Despite its importance, or perhaps because of it, conventional wisdom has long been of the view that information wants to, or even needs to, be free. This idea has been extended to encompass not just raw data, but also information products such as databases and software. These products – products whose primary value lies in organizing, providing context, and distributing information content – have often been the subject of debate over whether and to what extent these works should be protected. The tension between information being free and information products being protected …