Intellectual Property Law Commons^™

The Promise Of Machine Learning For Patent Landscaping, Toole, Andrew A., Pairolero, Nicholas A., Forman, James Q., Giczy, Alexander V.

Santa Clara High Technology Law Journal

THE PROMISE OF MACHINE LEARNING FOR PATENT LANDSCAPING

When Laws Govern Laws: A Review Of The 2018 Discussions Of The Group Of Governmental Experts On The Implementation And Regulation Of Lethal Autonomous Weapons Systems, Mitchell, Caitlin

Santa Clara High Technology Law Journal

WHEN LAWS GOVERN LAWS: A REVIEW OF THE 2018 DISCUSSIONS OF THE GROUP OF GOVERNMENTAL EXPERTS ON THE IMPLEMENTATION AND REGULATION OF LETHAL AUTONOMOUS WEAPONS SYSTEMS

Of Monopolies And Monocultures: The Intersection Of Patents And National Security, Duan, Charles

Santa Clara High Technology Law Journal

OF MONOPOLIES AND MONOCULTURES: THE INTERSECTION OF PATENTS AND NATIONAL SECURITY

The Use Of Digital Millenium Copyright Act To Stifle Speech Through Non-Copyright Related Takedowns, Miller Freeman

Seattle Journal of Technology, Environmental, & Innovation Law

In 1998, Congress passed the Digital Millennium Copyright Act. This law provided new methods of protecting copyright in online media. These protections shift the normal judicial process that would stop the publication of infringing materials to private actors: the online platforms. As a result, online platforms receive notices of infringement and issue takedowns of allegedly copyrighted works without the judicial process which normally considers the purpose of the original notice of infringement. In at least one case, discussed in detail below, this has resulted in a notice and takedown against an individual for reasons not related to the purpose of …

Digitizing Scent And Flavor: A Copyright Perspective, Amara Lopez

Michigan Technology Law Review

Should the flavor of a cheese fall under copyright protection? The Court of Justice of the European Union recently confronted this question in Levola Hengelo BV v. Smilde Foods. Although the court ultimately denied protection, its reasoning opened many doors for those seeking intellectual property protection for scents and flavors. The court implied that it was the subjective nature of a cheese flavor that bars it from enjoying the protection copyright affords, which begs the question of what would happen if there were a sufficiently objective way to describe a flavor.

Recent developments in technology have led to the digitization …

How The Fusion Of Technology And The Law Will Serve As A Catalyst For Legal Evolution, Andrabi, Nayef

Santa Clara High Technology Law Journal

HOW THE FUSION OF TECHNOLOGY AND THE LAW WILL SERVE AS A CATALYST FOR LEGAL EVOLUTION

Risks Of Blockchain For Data Protection: A European Approach, Jiménez-Gómez, Briseida Sofia

Santa Clara High Technology Law Journal

RISKS OF BLOCKCHAIN FOR DATA PROTECTION: A EUROPEAN APPROACH

The International Intellectual Property Commercialization Council’S 3rd Annual U.S. Conference: The State Of Innovation In The Union, Neel U. Sukhatme, Paul R. Zielinski, G. Nagesh Rao, Pj Bellomo, Matthew Byers, Meghan Gaffney Buck, Everardo Ruiz

Georgetown Law Faculty Publications and Other Works

The International Intellectual Property Commercialization Council (“IIPCC”) presented its third annual policy conference at the United States Capitol on May 6, 2019. The conference’s theme explored the question of “what is the state of innovation in the United States?” Panelists included The Honorable Andrei Iancu – Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office; Dr. Carl J. Schramm – University Professor, Syracuse University and Former President of the Ewing Marion Kauffman Foundation; Mr. Patrick Kilbride – Senior Vice President of the Global Innovation Policy Center (“GIPC”) at the U.S. Chamber of …

Judging Equivalents, Lim, Daryl

Santa Clara High Technology Law Journal

JUDGING EQUIVALENTS

The Replicability Crisis In Patent Law, Janet Freilich

Faculty Scholarship

There is a “replicability crisis” in the scientific literature. Scientists attempting to redo experiments in reputable, peer-reviewed journals have found that staggering numbers of these experiments—up to 90%—do not work. Patents, like scientific articles, contain experiments. These experiments often form the backbone of the patent and provide crucial support for patentability. Patent examiners use these experiments to evaluate whether the invention works, and thus whether the patent should be granted. The replicability crisis in the scientific literature is therefore of utmost importance to the patent system. Transferring the insights of the replicability crisis to patents begs the question of whether …

Next Verse, Same As The First: Inadequacies In The Government's Legal Approach Toward Biotechnology, Kimberly Righter

Sustainable Development Law & Policy

No abstract provided.

Patent Eligibility Of Disease Diagnosis, Shahrokh Falati

Articles & Chapters

The U.S. Supreme Court effectively redefined the scope of patent eligible subject matter when it decided Mayo. This decision focused on medical diagnostic technology and has had a profound effect on the biotechnology and personalized medicine industries in the United States. Subsequent back-to-back decisions by the Supreme Court in Myriad and Alice have made it unequivocally clear that there is now wholesale broadening of the judicially created exceptions to statutory laws governing patent eligible subject matter. This has caused havoc in the biopharmaceutical industry by not only making it a near impossibility to obtain a patent in certain fields, but …

Automation In Moderation, Hannah Bloch-Wehba

Faculty Scholarship

This Article assesses recent efforts to encourage online platforms to use automated means to prevent the dissemination of unlawful online content before it is ever seen or distributed. As lawmakers in Europe and around the world closely scrutinize platforms’ “content moderation” practices, automation and artificial intelligence appear increasingly attractive options for ridding the Internet of many kinds of harmful online content, including defamation, copyright infringement, and terrorist speech. Proponents of these initiatives suggest that requiring platforms to screen user content using automation will promote healthier online discourse and will aid efforts to limit Big Tech’s power.

In fact, however, the …

Can Algorithms Promote Fair Use?, Peter K. Yu

Faculty Scholarship

In the past few years, advances in big data, machine learning and artificial intelligence have generated many questions in the intellectual property field. One question that has attracted growing attention concerns whether algorithms can be better deployed to promote fair use in copyright law. The debate on the feasibility of developing automated fair use systems is not new; it can be traced back to more than a decade ago. Nevertheless, recent technological advances have invited policymakers and commentators to revisit this earlier debate.

As part of the Symposium on "Intelligent Entertainment: Algorithmic Generation and Regulation of Creative Works," this Article …

Patent Shopping, Janet Freilich

Faculty Scholarship

Over the past decade, scholars have identified many entities who use the patent system in ways that differ from the traditional model of patent use — entities such as patent assertion entities, patent aggregators, or owners of large patent portfolios. This Article presents a model that explains the behavior of some of the biggest and most controversial entities in the patent system. This Article argues that such entities are engaged in “patent shopping” where the plaintiff makes a strategic choice of patent in order to obtain the best facts and substance in a case and thereby maximize the chance of …

The Patentability Of Gene Editing Technologies Such As Crispr & The Harmonization Of Laws Relating To Germline Editing, Jessica Wachowicz

Intellectual Property Brief

No abstract provided.

A Nonobvious Approach To Functional Claiming In Software Patents, Jennifer Chiang

Intellectual Property Brief

No abstract provided.

Will Fast Fashion Go Out Of Style Soon? How Couture Designers, Celebrities, And Luxury Brands Fighting Back May Change The Future Legal Landscape For Mass Affordable Retailers, Vulaj, Elizabeth

Santa Clara High Technology Law Journal

WILL FAST FASHION GO OUT OF STYLE SOON? HOW COUTURE DESIGNERS, CELEBRITIES, AND LUXURY BRANDS FIGHTING BACK MAY CHANGE THE FUTURE LEGAL LANDSCAPE FOR MASS AFFORDABLE RETAILERS

A Perspective On Technology Education For Law Students, Volini, Anthony

Santa Clara High Technology Law Journal

A PERSPECTIVE ON TECHNOLOGY EDUCATION FOR LAW STUDENTS

Cyberdamages, Black, Stephen T.

Santa Clara High Technology Law Journal

CYBERDAMAGES

Old School Goes Online: Exploring Fiduciary Obligations Of Loyalty And Care In The Digital Platforms Era, Whitt, Richard S.

Santa Clara High Technology Law Journal

OLD SCHOOL GOES ONLINE: EXPLORING FIDUCIARY OBLIGATIONS OF LOYALTY AND CARE IN THE DIGITAL PLATFORMS ERA

The Implementation Of Artificial Intelligence In Hard And Soft Counterterrorism Efforts On Social Media, Schnader, Jonathan

Santa Clara High Technology Law Journal

THE IMPLEMENTATION OF ARTIFICIAL INTELLIGENCE IN HARD AND SOFT COUNTERTERRORISM EFFORTS ON SOCIAL MEDIA

Patent Eligibility Standard For Network Architecture Patents Under The Federal Circuit’S Jurisprudence, Chen, Ping-Hsun

Santa Clara High Technology Law Journal

PATENT ELIGIBILITY STANDARD FOR NETWORK ARCHITECTURE PATENTS UNDER THE FEDERAL CIRCUIT’S JURISPRUDENCE

A Siri-Ous Societal Issue: Should Autonomous Artificial Intelligence Receive Patent Or Copyright Protection?, Samuel Scholz

Cybaris®

No abstract provided.

If The Law Can Allow Takebacks, Shouldn't It Also Allow Hackbacks?, Adam Rodrigues

Marquette Intellectual Property Law Review

None.

Artificial Intelligence, Copyright, And Copyright Infringement, Zach Naqvi

Marquette Intellectual Property Law Review

None.

The New Madison Approach To Antitrust Law And Intellectual Property Law, Anita Alanko

Catholic University Journal of Law and Technology

The New Madison Approach has recently been introduced by the Department of Justice Antitrust Division in an effort to address a weakening of patent rights in recent years. The approach has four premises: patent hold-up is not an antitrust problem, standard setting organizations should better protect against patent hold-out to ensure maximum incentives to innovate, patent holder injunction rights should be protected and not limited, and a unilateral and unconditional refusal to license a valid patent should be per se legal. After providing an introduction to the relevant law and terms of art, support and criticism of the New Madison …

The International Intellectual Property Commercialization Council’S 3rd Annual U.S. Conference: The State Of Innovation In The Union, Jeffery P. Langer, Neel Sukhatme, Paul R. Zielinski, G. Nagesh Rao, Pj Bellomo, Matthew Byers, Meghan Gaffney Buck, Everardo Ruiz, Andrei Iancu, Patrick Kilbride, Carl J. Schramm, Colman Ragan, Ami Patel Shah, Randall R. Rader

Catholic University Journal of Law and Technology

The International Intellectual Property Commercialization Council (“IIPCC”) presented its third annual policy conference at the United States Capitol on May 6, 2019. The conference’s theme explored the question of “what is the state of innovation in the United States?” Panelists included The Honorable Andrei Iancu – Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office; Dr. Carl J. Schramm – University Professor, Syracuse University and Former President of the Ewing Marion Kauffman Foundation; Mr. Patrick Kilbride – Senior Vice President of the Global Innovation Policy Center (“GIPC”) at the U.S. Chamber of …

Gene Patents, Drug Prices, And Scientific Research: Unexpected Effects Of Recently Proposed Patent Eligibility Legislation, Charles Duan

Marquette Intellectual Property Law Review

Recently, Congress has considered legislation to amend § 101, a section of the Patent Act that the Supreme Court has held to prohibit patenting of laws of nature, natural phenomena, and abstract ideas. This draft legislation would expand the realm of patent-eligible subject matter, overturning the Court’s precedents along the way. The draft legislation, and movement to change this doctrine of patent law, made substantial headway with a subcommittee of the Senate holding numerous roundtables and hearings on the subject.

This article considers some less-discussed consequences of that draft leg- islative proposal. The legislation likely opens the door to patenting …

American Privacy Law At The Dawn Of A New Decade (And The Ccpa And Covid-19): Overview And Practitioner Critique, Kimberly Dempsey Booher, Martin B. Robins

Marquette Intellectual Property Law Review

No abstract provided.