Intellectual Property Law Commons^™

Tc Heartland, A Legally Wrong Painkiller For The Forum Shopping Problem, Xincheng Ma

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Assessment Of Disclosure In European Prodrug Patent Claims, Mari Minn Phd, Llm

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Table Of Contents, Editors

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Focusing Patent Litigation, Bernard Chao

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Mixed Case For A Ptab Off-Ramp, Saurabh Vishnubhakat

Chicago-Kent Journal of Intellectual Property

No abstract provided.

State Immunity And The Patent Trial And Appeal Board, Tejas N. Narechania

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Copyright & Roster

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Sovereign Immunity: A “Get Out Of Jail Free” Card For State Patent Owners At The Ptab, Anthony Zucchero, Warren Thomas

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Navigating Uncertainty — Addressing Purely Functional Claim Limitations In A Post-Williamson World With Ongoing Ptab Climate Change, Kenneth Darby, Rick Bisenius

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Table Of Contents

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Indefiniteness In Inter Partes Review: The Existing Quagmire And A Path Forward, Christopher S. Geyer, Daniel C. Tucker, Jency J. Mathew

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Precedential Opinion Panel Resolves Conflicts In Ptab Opinions On Joinder: The Role Of Amicus Briefs, Jihong Lou, Matthew W. Johnson, Chris Z. Liu

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Explain Yourself: Federal Circuit Review Of Ptab Decisions Under The Apa, M. Andrew Holtman, Clara N. Jiménez, Samhitha Muralidhar Medatia

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Proposal To Expedite Joinder In Inter Partes Review, Andrew S. Baluch, Teresa Stanek Rea

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Algorithms And Human Freedom, Richard Warner, Robert Sloan

All Faculty Scholarship

Predictive analytics such as data mining, machine learning, and artificial intelligence drive algorithmic decision making. Its "all-encompassing scope already reaches the very heart of a functioning society". Unfortunately, the legal system and its various tools developed around human decisionmakers cannot adequately administer accountability mechanisms for computer decision making. Antiquated approaches require modernization to bridge the gap between governing human decision making and new technologies. We divide the bridge-building task into three questions. First, what features of the use of predictive analytics significantly contribute to incorrect, unjustified, or unfair outcomes? Second, how should one regulate those features to make outcomes more …

The Patent On-Sale Bar Post-Helsinn And Its Effect On The Pharmaceutical Industry, Raja Chatterjee

Chicago-Kent Journal of Intellectual Property

The purpose of the patent on-sale bar is to discourage inventors from misusing the patent system and unfairly extending their patent exclusivity period. In Helsinn Healthcare v. Teva Pharmaceuticals, the Federal Circuit has distorted this doctrine far beyond its purpose. By including non-public business transactions within the scope of the on-sale bar, the Federal Circuit’s decision contradicts legislative history and express statutory language from the America Invents Act (“AIA”). This interpretation also makes the U.S. the only major patent system where a non-public sale can lead to the forfeiture of an inventor’s patent rights. The inclusion of non-public agreements within …

Is The Federal Circuit Learning Its Lessons? A Case Study Of Bpcia Preemption, Mary Lafleur

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Harmonizing The Liner Notes: How The Usco’S Adoption Of Metadata Standards Will Improve The Efficiency Of Licensing Agreements For Audiovisual Works, Michael Reed

Chicago-Kent Journal of Intellectual Property

It is no secret that making a living as a musician is not as lucrative of a proposition as it was a generation ago. For this reason, musicians have had to diversify their sources of income. Placement of a song in advertisements, film, or television programs have become an integral part of many successful musician’s careers, but far too many independent artists still find these opportunities out of reach. This disparity is often the result of technical deficiencies in the audio files submitted for consideration, making it difficult to identify and contact the requisite rights holders in order to negotiate …

Huge Numbers Of Patent Cases: How One District Judge Manages Them - The 2018 Supreme Court Ip Review Address, The Honorable William Alsup

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Copyright Protection For Conceptually Separable Artistic Features Post-Star Athletica: A Useful Article On Useful Articles, Daan G. Erikson

Chicago-Kent Journal of Intellectual Property

In the wake of the U.S. Supreme Court’s ruling in Star Athletica v. Varsity Brands in 2017, U.S. federal district courts and the Copyright Office Review Board have grappled with the Supreme Court’s reimagined conceptual separability test for determining the copyrightability of artistic aspects of useful articles. An examination of the decisions in the first eighteen months post-Star Athletica reveals district courts have interpreted the Supreme Court’s guidance inconsistently, with some courts adding language to the test and even using overruled portions of previous tests. The author takes an empirical approach to evaluating such decisions and the trends that …

A Tale Of Two Approaches: Analysis Of Responses To Eu’S Fta Initiatives On Geographical Indications (Gis), Masayoshi Omachi

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Crime Of Product Counterfeiting: A Legal Analysis Of The Usage Of State-Level Statutes, Kari Kammel Esq., Brandon A. Sullivan Ph.D., Lorryn P. Young

Chicago-Kent Journal of Intellectual Property

This legal analysis of the state-level trademark counterfeiting criminal enforcement framework in the United States (“U.S.”) scrutinizes the use and non-use of state statutes to prosecute and convict trademark counterfeiters. Relying on state-level appellate court cases and conviction data, we found: (1) states inconsistently use and interpret criminal anti-counterfeiting statutes across the U.S.; and (2) strategies for building evidence in trademark counterfeiting criminal cases are strongest when based on cooperation with the victim (trademark owner). Based on our findings, to improve state-level anti-counterfeiting efforts, we recommend several best practices:

• Adoption of specific criminal trademark counterfeiting statutes if states do not …

Patent Citation Analysis And Patent Damages, Dr. Peter A. Malaspina

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Fatal Attraction Of Pay-For-Delay, Robin C. Feldman, Prianka Misra

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Using A Phillips Construction In All Ptab Trials: The Impact On District Court Patent Actions And Ptab Proceedings, Sarah Jelsema, Andrew Mason, John Vandenberg

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Petitioner Estoppel From Patent Trial And Appeal Board Proceedings After Sas Institute Inc. V. Iancu, Jennifer Esch, Paula Miller, Stacy Lewis, Tom Irving

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Administrative Oversight: Justice Gorsuch’S Patent Opinions, The Ptab, And Antagonism Toward The Administrative State, Daniel D. Kim, Jonathan Stroud

Chicago-Kent Journal of Intellectual Property

In his first term, Justice Neil Gorsuch has made a surprisingly forceful impact on, of all things, patent law—and even more unlikely, the United States Patent and Trademark Office’s adjudicatory arm, the Patent Trial and Appeal Board. Was there any way to predict, from his 10th Circuit opinions below, that he would author opinions in all three patent cases in his first term? Was this attention the result of deeply submerged but long-felt opinions on patent law, or rather a result of his sharp distrust of administrative overreach? We analyze 10th Circuit and Supreme Court opinions authored by Justice Gorsuch, …

Due Process In Aia Proceedings After Sas Institute Inc. V. Iancu, Mikaela Stone, Britton Davis

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Collapse Of Covered Business Method Reviews, Eleanor M. Yost

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Consequences For Patent Owners If A Patent Is Unconstitutionally Invalidated By The Patent Trial And Appeal Board, Mark Magas

Chicago-Kent Law Review

There have been many constitutional challenges against the Patent Trial and Appeal Board (“PTAB”) since it was created by the America Invents Act in 2011. While the merits of these challenges have been widely debated, there has been little analysis of what would happen if one of these challenges succeeded and patents are found to have been unconstitutionally invalidated. This note examines how issues with waiver, retroactivity, and finality may prevent patent owners from getting their patent rights back, considering the type of constitutional challenge and the different stages of the PTAB process. While the odds are stacked against patent …