Intellectual Property Law Commons^™

The Nflpo: The Nfl's Private Patent Office, Paul Fina

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Ex Ante Intellectual Property Considerations For Small Businesses, Jason A. Sanders

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Revitalizing Language Through Education: Ireland's Use Of International Law To Drive Linguistic Preservation, Emma A. O'Connell

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

The Data Privacy Landscape During Covid-19: An Exploration Of Some Of The Major Data Privacy Regulations And Trends, Gitanjali Deb

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.

Artificial Intelligence And Moral Rights, Martin Miernicki, Irene (Huang Ying) Ng

Centre for AI & Data Governance (2019-2025)

Whether copyrights should exist in content generated by an artificial intelligence is a frequently discussed issue in the legal literature. Most of the discussion focuses on economic rights, whereas the relationship of artificial intelligence and moral rights remains relatively obscure. However, as moral rights traditionally aim at protecting the author’s “personal sphere”, the question whether the law should recognize such protection in the content produced by machines is pressing; this is especially true considering that artificial intelligence is continuously further developed and increasingly hard to comprehend for human beings. This paper first provides the background on the protection of moral …

The Future Of Female Inventors In The United States: A Comparative Analysis To The Republic Of Korea, Payton Hoff

IP Theory

No abstract provided.

Judging Patents, Sapna Kumar

William & Mary Law Review

Patent litigation is regarded as the “neurosurgery of litigation.” To adjudicate these cases, judges must grasp complex technology underlying the claims at issue, notwithstanding the fact that many judges lack relevant science or technology backgrounds. This problem is compounded by the fact that judges generally lack access to neutral expertise, forcing them to rely upon party-hired experts for tutorials. By contrast, several European patent courts utilize technically qualified judges who work side by side with their legally trained counterparts to decide patent cases. The integration of technical expertise into the judiciary improves the speed of litigation, provides the court with …

Making Mistakes With Machines, Dhanoa. Harsimar

Santa Clara High Technology Law Journal

MAKING MISTAKES WITH MACHINES

Federal Circuit’S Unconventionality Approach To Patent-Ineligibility Challenges In A Motion To Dismiss, 20 Uic Rev. Intell. Prop. L. 331 (2021), Ping-Hsun Chen

UIC Review of Intellectual Property Law

No abstract provided.

The State Of Trade Secret Protection In China In Light Of The U.S.-China Trade Wars: Trade Secret Protection In China Before And After The U.S.-China Trade Agreement Of January 15, 2020, 20 Uic Rev. Intell. Prop. L. 108 (2021), Paolo Beconcini

UIC Review of Intellectual Property Law

No abstract provided.

Closing The Patent Loophole Across Borders, 20 Uic Rev. Intell. Prop. L. 358 (2021), Mattias Rättzén

UIC Review of Intellectual Property Law

No abstract provided.

Immunex V. Sandoz: Drafting Assignments As Licenses To Avoid Obviousness-Type Double Patenting, 20 Uic Rev. Intell. Prop. L. 412 (2021), Michael Mand

UIC Review of Intellectual Property Law

No abstract provided.

Reconstructing Patent Eligibility, Talha Syed

American University Law Review

Patent law’s doctrine of ineligible subject matter is widely agreed to be in a bad state of repair. Even those welcoming the Supreme Court’s return to express subject-matter bars have been left disoriented by the Court’s pronouncements in this area. Which subject matter is ineligible, why it is ineligible, and how it might become eligible have all remained enshrouded in mystery.

The nub of the problem, this Article contends, is two-fold. First, from its nineteenth-century origins to the present, courts grappling with ineligibility doctrine have remained in the grip of a series of “physicalist” misconceptions of the object of patent …

The Integration Of Artificial Intelligence In The Intelligence Community: Necessary Steps To Scale Efforts And Speed Progress, Corin R. Stone

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Institution Denied: The Evolution Of Discretionary Denials Of Inter Partes Review Under 35 U.S.C. § 314(A) Since Apple Inc. V. Fintiv, Inc., Kelly A. Welsh

American University Law Review

The Leahy-Smith American Invents Act (AIA), passed by Congress in 2011, dramatically altered the landscape of patent litigation through the creation of new administrative post-grant proceedings for adjudicating patent validity disputes. One of these administrative proceedings, inter partes review (IPR), has proved immensely popular and polarizing. IPR proceedings have invalidated huge swaths of patents, making the decision whether to institute an IPR significant. The current uncertainty regarding whether an IPR proceeding will be instituted, or whether the Patent Trial and Appeal Board (PTAB or Board) will exercise its newfound expanded discretionary denial authority, continues to frustrate both petitioners and patent …

Masthead, Case Western Reserve Journal Of Law, Technology & The Internet

Journal of Law, Technology, & the Internet

No abstract provided.

Masthead, Editor-In- Chief

Catholic University Journal of Law and Technology

No abstract provided.

Seeing (Platforms) Like A State: Digital Legibility And Lessons For Platform Governance, Neil Chilson

Catholic University Journal of Law and Technology

The growing backlash against Big Tech companies is a symptom of digital technology increasing the world’s legibility. James C. Scott’s book, Seeing Like a State: How Certain Schemes to Improve the Human Condition Have Failed, explores how past governments responded to increased legibility – for good and for ill. This article shows how Scott’s historical lessons can guide governments and tech platforms as they seek to improve the human condition online.

To Innovate Or Regulate: How To Regulate Cloud Service Providers Within Financial Institutions, Morgan Willard

Catholic University Journal of Law and Technology

The purpose of this article is to analyze whether cloud service providers should be considered Systemically Important Financial Market Utilities (SIFMU), subjecting them to increased oversight. It also considers the risks and benefits associated with the use of the technology by financial institutions, as well as potential alternatives. Overall, this article argues that cloud service providers do not fall under the current SIFMU framework, and any regulation of the technology should strive to strike a balance between innovation and safe regulation.

Hybrid Ip Rights For Software, Apis, And Guis: Understanding Copyright's Paradigm Shift, Howard Skaist

Catholic University Journal of Law and Technology

The non-literal scope of protection for software is intricate legally and is intricate technical. Thus, despite literally decades of court decisions and a mountain of legal scholar written on the subject in that time, it appears that there is still no consistent agreement about it, as evidenced by the Google v. Oracle which has percolated in the courts for nearly a decade and is now being heard by the US Supreme Court (oral argument was on October 7, 2020). However, the thesis of this article that a legal construct is capable of being formulated that is analytically consistent and that …

Table Of Contents, Editor-In- Chief

Catholic University Journal of Law and Technology

No abstract provided.

Former Chief Judge Paul Michel’S Keynote Address At The 64th Annual Intellectual Property Conference At The Uic John Marshall Law School — The Arc Of American Patent Law: Balance And Rebalance And Rebalance Intellectual Property Policy, 20 Uic Rev. Intell. Prop. L. 102 (2021), Paul Michel

UIC Review of Intellectual Property Law

No abstract provided.

Automated Trade Secret Asset Management: Sfp Classification, Eona Proofs, Blockchaining, And Dtsa Civil Seizure Orders, 20 Uic Rev. Intell. Prop. L. 145 (2021), R. Mark Halligan

UIC Review of Intellectual Property Law

No abstract provided.

This Is Fisa Calling To Let You Know You May Be Eligible For A Motion To Suppress: New Notice Requirement From United States V. Moalin, 20 Uic Rev. Intell. Prop. L. 166 (2021), Jennifer Armstrong

UIC Review of Intellectual Property Law

No abstract provided.

Trademark Law After Uspto V. Booking.Com: “Generic.Com” Takeover, 20 Uic Rev. Intell. Prop. L. 182 (2021), Paige Miller

UIC Review of Intellectual Property Law

No abstract provided.

Filtering Innovation Wheat From Chaff: Quick Citations As Indicators Of Patented Invention Value, 20 Uic Rev. Intell. Prop. L. 202 (2021), Richard Gruner

UIC Review of Intellectual Property Law

No abstract provided.

The Scope Of Employment Test Under The Work-Made-For-Hire Doctrine Revisited: How Covid-19, Remote Working, And The Restatement (Third) Of Agency Could Change It, 20 Uic Rev. Intell. Prop. L. 232 (2021), Diana Simon

UIC Review of Intellectual Property Law

No abstract provided.

A Proposal For A More Objective Method In Determining The Extent Of Similarities Between Musical Works For The Purpose Of Probative Copying, 20 Uic Rev. Intell. Prop. L. 251 (2021), Rachael Belensz

UIC Review of Intellectual Property Law

No abstract provided.

Carpenter V. United States: Step Forward For Smartphones And Their Data, But Maybe Not For Other Technologies, 20 Uic Rev. Intell. Prop. L. 308 (2021), Stephen Bartholomew

UIC Review of Intellectual Property Law

No abstract provided.

Is Gray V. Perry The One That Got Away? The Idea-Expression Dichotomy And Music Copyright Infringement, 20 Uic Rev. Intell. Prop. L. 290 (2021), Marisa Schutz

UIC Review of Intellectual Property Law

No abstract provided.