Intellectual Property Law Commons^™

Innovating Copyright, Lawrence Lessig

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Law And Information Platforms, Philip J. Weiser

Publications

No abstract provided.

The Uniform Domain Name Dispute Resolution Policy: A Practical Guide, Bradley J. Freedman, Robert J.C. Deane

Canadian Journal of Law and Technology

Disputes involving alleged bad faith registration and use of certain Internet domain names may be arbitrated pursuant to the Uniform Domain Name Dispute Resolution Policy (the Policy) mandated by the Internet Corporation for Assigned Names and Numbers ("ICANN").

The Policy is the first attempt to establish a global set of substantive rules regarding certain kinds of Internet-related trademark disputes, and a single, international system for the arbitration of those disputes. In many respects, the Policy has fulfilled its objective of providing an efficient and cost effective means of resolving certain domain name disputes. In other respects, however, the experience with …

Who Was That Masked Man? Online Defamation, Freedom Of Expression, And The Right To Speak Anonymously, Jonathon T. Feasby

Canadian Journal of Law and Technology

As the internet continues to reach into the lives of people around the world, it facilitates interaction and the exchange of ideas between far-flung individuals and groups to an extent unprecedented in communications history. However, with this positive effect, the potential of the internet as a forum for defamation and other malfeasance has increased as well. Words online can be heard or read in places conventional forms of speech might never reach. As the United States Supreme Court put it, with the aid of the internet ". . . any person with a phone line can become a town crier …

Book Review: A Guide To Electronic Legal Research By A. Zivanovic (Markham Ont.: Butterworths Canada, 2001), David H. Michels

Canadian Journal of Law and Technology

No abstract provided.

Book Review: The Personal Information Protection And Electronic Documents Act: An Annotated Guide By Stephanie Perrin, Heather H. Black, David H. Flaherty And T. Murray Rankin, Q.C. (Concord, Ont.: Irwin Law, 2001), Teresa Scassa

Canadian Journal of Law and Technology

In April 2000, the Personal Information Protection and Electronic Documents Act was passed by the House of Commons. The legislation dealt with both personal information privacy and the use and validity of electronic documents in areas governed by federal law. On January 1, 2001, the portion of the Act dealing with electronic documents took effect, as did the privacy provisions, to the extent that they related to the collection use or disclosure of personal information inter-provincially, or in connection with a federal work, undertaking or business. The Act applied to personal health information as of January 1, 2002, and will …

Is Internet Gaming Legal In Canada: A Look At Starnet, C. Ian Kyer, Danielle Hough

Canadian Journal of Law and Technology

The development of the Internet has kindled many new business opportunities in the online environment. Despite the recent slump in online business growth and popularity, one line of online business is generating profit and growing at a rapid rate: the business of online gaming.

The legality of such businesses is questionable in Canada and there are few gaming cases to assist Canadian lawyers. The following analysis must be considered in light of the dearth of jurisprudence in this area and should not be considered legal advice. This area of the law is in flux and developments may be unpredictable.

When …

Inventions, Industry Standards, And Intellectual Property, Mark R. Patterson

Faculty Scholarship

When an industry standard incorporates a patented invention, the demand for products that comply with the standard has two components. Some of the demand may be for the inherent technical advantages of the invention; the patentee is generally entitled to revenues attributable to this demand. But some of the demand is for the benefits of standardization, such as interoperability, and the patentee is not entitled to revenues attributable to this demand. From this point, the article draws two conclusions. First, the amounts to which a patentee is entitled, either in litigation or in licensing negotiations, should be calculated by determining …

Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker

Duke Law & Technology Review

The AIDS pandemic has thrust the subject of patent protection into the spotlight, a spotlight that has attracted the attention of broad audience including interested parties from the political, legal, and medical communities. Can the United States' scheme of strong patent protection for pharmaceutical products withstand the increased attention?

Cybernetic Implications For The U.C.C., Stephen Dirksen, Kyle Grimshaw

Duke Law & Technology Review

In the following iBrief, the authors assess the impact of recent a recent decision from the 9th Circuit assessing whether the patent system's filing mechanism preempts the U.C.C. Article 9 requirement that creditors perfect their security interests in patents offered as collateral by their debtors.

A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw

Duke Law & Technology Review

For years, graduate and other student researchers at universities have alleged that the hierarchical system in academic research allows supervising PhDs to steal and patent inventions that were rightfully discovered by students. In July 2001, the Federal Circuit finally addressed these concerns by interpreting the law in a way that strictly protects the rights of student researchers. This article examines this long-overdue change in the law and discusses its potential implications.

Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji

Indiana Journal of Global Legal Studies

No abstract provided.

International Upheaval: Patent Independence Protectionists And The Hague Conference, Kyle Grimshaw

Duke Law & Technology Review

International lawmakers presently are negotiating a treaty that would not only allow U.S. courts to grant summary judgment in patent infringement suits if a court in Canada or Europe previously found patent infringement, but would actually require it. This paper examines whether courts in the United States should be allowed to find patent infringement based solely upon the fact that foreign courts had previously found patent infringement. The author concludes that changing the law to allow this practice is not sound policy.

Patent Amendments And Prosecution History Estoppel Under Festo, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Michael Kim, Steven Mesnick

Duke Law & Technology Review

On November 29, 2000, the Federal Circuit retroactively reduced the value of nearly 1.2 million unexpired United States patents by announcing a new rule for the somewhat obscure doctrine of prosecution history estoppel. Designed to foster clarity in patent applications, this new pronouncement in Festo Corp v. Shoketsu Kinzoku Kogyo Kabushiki Co. allows for easy copying of some patented inventions and reduces patent owner's ability to prove infringement. This article outlines the change in the law and discusses the positive and negative consequences of the decision.

The Copyrightability Of New Works Of Authorship: 'Xml Schemas' As An Example, I. Trotter Hardy

Faculty Publications

No abstract provided.

Who’S Afraid Of Amazon.Com V. Barnesandnoble.Com?, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Ian Jinkerson, Michael Kim

Duke Law & Technology Review

On October 2, 2000, the Court of Appeals for the Federal Circuit heard the appeal in the case of Amazon.com, Inc. v. Barnesandnoble.com, Inc. This appeal revolves around the alleged infringement by Barnesandnoble.com of a one-click web-shopping system patented by Amazon.com. The one-click system is among a series of recent controversial "business method" patents. According to some, business methods are legitimate inventions that deserve the protection of the US Patent and Trademark Office (PTO). According to others, business methods are unworthy of patent protection and may inhibit innovation in e-commerce. The outcome of this case has been widely anticipated by …

Deutsche Telekom And Voicestream Merger: Charting A New Regulatory Course, Aaron Futch, Yemi Giwa, Andrew Grimmig, Kisa Mlela, Amy Richardson

Duke Law & Technology Review

On July 24, 2000, the German telecommunications giant Deutsche Telekom AG (Deutche Telekom) agreed to purchase the Bellvue, Washington based VoiceStream Wireless Corporation (VoiceStream) for over $50 billion. Although the merger may ultimately fall through, the response generated by the proposed merger indicates the future for deals between US and foreign-owned telecommunications companies. With the increasing globalization of the world's telecommunications markets, the Deutche Telekom deal represents the first time that a company dominated by a foreign government has attempted to purchase an American corporation. The signatories of the Basic Telecommunications Agreement, an agreement among World Trade Organization (WTO) members …

Making The Most Of Commercial Global Domains, Thomas G. Field Jr

Law Faculty Scholarship

Despite echoing skepticism about the long-term prospects for commercial global domains based in part on how they are governed, this paper concludes that nominal addresses are essentially a new form of intellectual property, to be viewed and managed in ways sometimes fundamentally different from trademarks and other indicia of commercial goodwill. In support, the article first reviews the domain name system ("DNS") under which nominal addresses may be registered. The article then outlines central principles of unfair competition law underlying the resolution of disputes within the United States. Finally, the article reviews how nominal addresses pose several new kinds of …

The Regulation Of New Media Broadcasting In Canada Post-Icravetv.Com, 19 J. Marshall J. Computer & Info. L. 331 (2001), Danistan Saverimuthu

UIC John Marshall Journal of Information Technology & Privacy Law

Broadcasters in both the U.S. and Canada were perplexed when iCraveTV.com began intercepting American and Canadian television signals and began broadcasting them for free over the Internet. Broadcasters in Canada contend that these type of actions constitute a violation of section 3 of the Canadian Copyright Act. Provisions of section 31(2) of the Copyright Act appear to allow new media broadcasters to rebroadcast signals in return for paying a tariff, however, these criterion must be meet: the communication must be a retransmission of a local or distant signal, the transmission must be lawful under the Broadcasting Act, the signal must …

Internet Business Method Patents: The Federal Circuit Vacates The Preliminary Injunction In Amazon.Com V. Barnesandnoble.Com, 19 J. Marshall J. Computer & Info. L. 523 (2001), Sue Ann Mota

UIC John Marshall Journal of Information Technology & Privacy Law

This article is a casenote that examines the appellate decision in Amazon.com v. Barnesandnoble.com. The first section of the article reviews the history of business method patents and the precedent case of State St. Bank & Trust Co. v. Signature Fin. Group, Inc. The second section looks at the history of the Amazon.com case. The final section examines the major developments in business method patents since the Amazon.com case.

When A Patent Claim Is Broader Than The Disclosure: The Federal Circuit's Game Has No Rules, 1 J. Marshall Rev. Intell. Prop. L. 21 (2001), Robert L. Harmon

UIC Review of Intellectual Property Law

The Federal Circuit has become much less willing to enforce a claim that is broader than the specific embodiments described in the patent. Unfortunately, its decisions provide no guidelines for identifying such situations. Nor is the court consistent in its attacks on the problem. Sometimes it simply construes the claim as limited to the specific embodiment and finds no infringement. Sometimes it invalidates the claim for want of an adequate written description or for insufficient scope of enablement. It is suggested that a careful use of the reverse doctrine of equivalents would create stability and predictability with respect to this …

Patenting Industry Standards, 34 J. Marshall L. Rev. 897 (2001), Janice M. Mueller

UIC Law Review

No abstract provided.

Dna Patentability: Shutting The Door To The Utility Requirement, 34 J. Marshall L. Rev. 973 (2001), Donald L. Zuhn Jr.

UIC Law Review

No abstract provided.

Computer-Aided Drug Design Using Patented Compounds: Infringement In Cyberspace?, 34 J. Marshall L. Rev. 1001 (2001), Ted L. Field

UIC Law Review

No abstract provided.

Founding A New Journal In The Age Of Electronic Law, 1 J. Marshall Rev. Intell. Prop. L. 1 (2001), Paul R. Michel

UIC Review of Intellectual Property Law

No abstract provided.

At Sea In A Black Box: Charting A Clearer Course For Juries Through The Perilous Straits Of Patent Invalidity, 1 J. Marshall Rev. Intell. Prop. L. 3 (2001), Janice M. Mueller

UIC Review of Intellectual Property Law

When jurors decide whether a putative patent infringer is liable under the doctrine of equivalents, Federal Circuit law requires that the patent owner’s trial presentation provide “particularized evidence” and “linking argument” with respect to each prong of the classic tripartite test for liability (i.e., substantial identity of “function,” “way,” and “result” between each element of the claimed invention and accused device). The court has recognized that absent such evidentiary roadmapping, jurors are “put to sea without guiding charts.” In its August 2001 decision in Monsanto Co. v. Mycogen Plant Science, Inc., the Federal Circuit refused to extend this same evidentiary …

Remedies For Patent Infringement: A Comparative Study Of U.S. And Chinese Law, 1 J. Marshall Rev. Intell. Prop. L. 35 (2001), Guangliang Zhang

UIC Review of Intellectual Property Law

Compared with the long history of U.S. patent law, Chinese patent law is still in its infancy. Nevertheless, there are similarities between the two laws in terms of remedies available for patent infringement. Both provide injunctive relief, damages and provisional rights remedies. Nevertheless, in granting each remedy, there are some differences. China has made consistent efforts to upgrade its patent laws to provide patent owners with adequate remedies. However there is still large room for improvement in the standards for granting preliminary injunctions, and in determining lost profits and reasonable royalties. Additionally, the Supreme Court of China should reconsider the …

Festo: A Jurisprudential Test For The Supreme Court?, 1 J. Marshall Rev. Intell. Prop. L. 69 (2001), James E. Hopenfeld

UIC Review of Intellectual Property Law

This article contends that the Federal Circuit's decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., now on review before the United States Supreme Court, is more than just a controversial patent case. Festo raises, in addition, important issues with respect to stare decisis and the power and authority of the Federal Circuit and appeals courts in general. The jurisprudential issues raised by Festo are revealed by an analysis of the different methods used by the Federal Circuit majority on one hand, and Judge Michel's dissent on the other, in applying Supreme Court precedent to reach a legal conclusion. …

The Uspto's New Utility Guidelines: Will They Be Enough To Secure Patent Protection In Biotech?, 1 J. Marshall Rev. Intell. Prop. L. 142 (2001), Anna E. Morrison

UIC Review of Intellectual Property Law

This Comment examines the newly revised PTO utility examination guidelines for biotechnology patents. The race for patenting human genes is well underway. When complete sequences of human genes are found, researchers have been quick to seek patents. This “patent grab” has been driven less by the expectation that a particular gene sequence will result in production of a useful protein and more by the idea that enough patenting will create a protectable “haystack” in which one will find a few “genetic needles of value.” The new utility guidelines may not completely aid the underlying and fundamental policies on patenting. While …

Rock And Roll Royalties, Copyrights And Contracts Of Adhesion: Why Musicians May Be Chasing Waterfalls, 1 J. Marshall Rev. Intell. Prop. L. 163 (2001), Starr Nelson

UIC Review of Intellectual Property Law

Copyrights form the basis of every recording contract. When a recording artist signs his or her first recording contract, the artist retains the copyright in the musical work but transfers ownership of the sound recording to the record company. With respect to any subsequent recording contract, the artist is not on equal bargaining footing with the record company because the record company already owns certain copyrights in the previous recording. This Comment proposes that courts recognize this unequal bargaining power when construing what is, in effect, a contract of adhesion.