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Articles 31 - 60 of 427
Full-Text Articles in Intellectual Property Law
The "Principles Of Equity" In Dewberry, Andres Sawicki
The "Principles Of Equity" In Dewberry, Andres Sawicki
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Plight Of The American Innovator, David R. Soucy
Plight Of The American Innovator, David R. Soucy
Chicago-Kent Journal of Intellectual Property
The American innovator is at risk. Our U.S. patent system unfortunately favors the speculators over the innovators. In the fight against questionable patent suits brought by non-practicing entities (i.e., patent trolls), those disagreements have become a one-sided affair in favor of the investor. This unjust circumstance arises due to the immunity patent trolls have from the innovator’s patents. A frustrating predicament for an innovator who has often made substantial investments in protecting his or her technology that go for naught in a dispute with an entity who does not put products into the stream of commerce. Now § 285 of …
Guardians Of Cyberspace: Censorship, Ai-Generated Child Imagery & The Role Of Online Platforms, Derick A. Kalt
Guardians Of Cyberspace: Censorship, Ai-Generated Child Imagery & The Role Of Online Platforms, Derick A. Kalt
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Reviewing The Reviewers: Loper Bright's Impact On Judicial Review Of Patent Trial And Appeal Board Ipr Practice, Jason A. Engel, George C. Summerfield, Devon C. Beane
Reviewing The Reviewers: Loper Bright's Impact On Judicial Review Of Patent Trial And Appeal Board Ipr Practice, Jason A. Engel, George C. Summerfield, Devon C. Beane
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Warner Chappel Music, Inc. V. Nealy And The Copyright Act's Statute Of Limitations, Tyler T. Ochoa
Warner Chappel Music, Inc. V. Nealy And The Copyright Act's Statute Of Limitations, Tyler T. Ochoa
Chicago-Kent Journal of Intellectual Property
The U.S. Copyright Act’s statute of limitations is unremarkable. Nonetheless, disputes concerning the interpretation and application of this statute have sufficiently vexed the courts that it has been the subject of two Supreme Court decisions in the past decade. Most recently, Warner Chappell Music, Inc. v. Nealy resolved a circuit split that lasted only a few years. Despite this resolution, and the seeming unanimity of the lower courts in adopting the discovery rule of accrual, closer examination reveals that the lower courts are applying the discovery rule in two very different ways, depending on the nature of the dispute between …
Organic Websites: Certification Of Ai-Generated Or Human-Written Content On The Internet, Andrew W. Torrance, Bill Tomlinson
Organic Websites: Certification Of Ai-Generated Or Human-Written Content On The Internet, Andrew W. Torrance, Bill Tomlinson
Chicago-Kent Journal of Intellectual Property
This paper proposes the development of a certification system analogous to the standards used in organic food labeling, designed to distinguish websites based on the proportion of human-written versus AI-generated content. In an era where AI plays an increasingly prominent role in content creation, this system would provide transparency for consumers and uphold fair competition in digital markets. The certification would allow website creators to present verifiable evidence of their content’s provenance, ranging from entirely human-made, to a mix of human and AI contributions, to fully AI-generated content. Additionally, this paper explores the legal and policy frameworks necessary for implementing …
Time For A Copyright Remix: Learning From Djs’ Problematic Pandemic Livestreams & Reimagining A More Productive Framework For Music On Social Media, Aaron Thompson
Chicago-Kent Law Review
No abstract provided.
Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs
Consider The Grecian Urn: Why Prior Art Has No Place In Analyzing Substantial Similarity Under The Copyright Act, Steven T. Lowe, Scott Alan Burroughs
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung
The Evolving Scope Of Ipr Estoppel As Applied To System And Product Prior Art, Michael Rueckheim, Richard Jung
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg
Ipr Estoppel And A Search For The Skilled Searcher Standard, Gabriel Steinberg
Chicago-Kent Journal of Intellectual Property
Interpretation of post-AIA IPR estoppel, codified in U.S.C. § 315(e)(2), is an issue at the forefront of patent litigation and plays an important role in the litigation process and strategy. The Federal Cir-cuit’s April 2023 ruling in Ironburg Inventions Ltd. v. Valve Corp., adopted the “skilled searcher standard” and provided some clarity re-garding the meaning of the § 315(e)(2) language, “reasonably could have raised.” While Ironburg did hold that prior art which “reasonably could have been raised” is that which “a skilled searcher conducting a diligent search reasonably would have been expected to discover,” questions pertaining to what exactly is …
Iconic Copiestm, Felicia Caponigri
Iconic Copiestm, Felicia Caponigri
Chicago-Kent Journal of Intellectual Property
There is a word that is prevalent today in marketing campaigns, ed-itorials, and our everyday language: iconic. “Iconic” is not only preva-lent as a word in everyday life. Iconic can also have legal significance. As I introduce in this article, the concept of iconic and its use by brands in trademark registrations, oppositions, and litigation has significant and underappreciated consequences under the law. There has yet been no study on the word “iconic” or the legal significance of iconic, de-spite the word’s creeping use in legal filings and claims. My article fills this gap by introducing the concept of iconic …
Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson
Review Of Patent Owner Estoppel Under 37 C.F.R. § 42.73(D), Daniel Sloan, Sarah Geers, Jack Graves, Sabrina Bellantoni, Matt Johnson
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky
The Ethics Of Patents In The Medical Field: An Analysis Of Drug And Pharmaceutical Patents And Their Enforcement In The U.S. And France, Andrew Slutsky
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie
Reading Trademark Tea-Leaves At The Supreme Court, Graeme B. Dinwoodie
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux
Trypanophobia: The Scary World Of Tattoos And The Law, Dalton Primeaux
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto
Exploring The Role Of Patent Offices In Climate Change Mitigation, Johanna Rahnasto
Chicago-Kent Journal of Intellectual Property
Patent offices are developing new programs to help in climate change mit- igation. What can they deliver? This Article provides a contemporary overview of the different green technology initiatives promoted by patent offices: fast- tracking of patent applications, search platforms, applicant resources, and publicity and awareness programs. The Article concludes that special treat- ment of green technology is fair and administrable when programs are openly accessible but narrowly tailored. The most tangible effect of these initiatives is the increased control by the patentee over the patenting and commercialization process, which is valuable even when effects of these programs on technology …
Jack Daniel’S Properties V. Vip Products And The Current State Of Trademark Fair Use, Christine Haight Farley
Jack Daniel’S Properties V. Vip Products And The Current State Of Trademark Fair Use, Christine Haight Farley
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy
Balancing The Scales: Analyzing Motivation To Combine And Avoiding Impermissible Hindsight In 2023, Michael Pomeroy
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Enablement For Genus Claims: A Bifurcated Approach, Jie Yang
Enablement For Genus Claims: A Bifurcated Approach, Jie Yang
Chicago-Kent Journal of Intellectual Property
Abstract After two jury trials, two trips to the Federal Circuit, and two petitions to the Supreme Court, the Court this past term decided Amgen Inc. v. Sanofi without much controversy. In a unanimous decision, the Court affirmed the invalidation of Amgen’s functional antibody claims for lack of enablement. As a result, inventors down the road, not just life sciences companies, may find it more difficult to obtain broad patents. Although the Court was clear that Amgen may not “monopolize an entire class of things defined by their function,” the opinion fell short of guiding lower courts on how to …
The Death Of The Litmus Test, Dale Cendali, Abbey Quigley
The Death Of The Litmus Test, Dale Cendali, Abbey Quigley
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel
Motions To Submit Supplemental Information: An Infrequently Utilized Procedure, Matthew Johnson, Ashvi Patel
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Surveys In Jack Daniel’S V. Vip, Shari Seidman Diamond
Surveys In Jack Daniel’S V. Vip, Shari Seidman Diamond
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Inside Or Outside?: Remarks On Abitron V. Hetronic (U.S. 2023), Margaret Chon
Inside Or Outside?: Remarks On Abitron V. Hetronic (U.S. 2023), Margaret Chon
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Written Statement: Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith, Yolanda M. King
Written Statement: Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith, Yolanda M. King
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Amgen V. Sanofi And The Return Of Patent Formalism To The Supreme Court, Laura Pedraza-Fariña
Amgen V. Sanofi And The Return Of Patent Formalism To The Supreme Court, Laura Pedraza-Fariña
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Some Thoughts On Warhol And The Future Of Transformative Works, Zvi S. Rosen
Some Thoughts On Warhol And The Future Of Transformative Works, Zvi S. Rosen
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Comments On Amgen V. Sanofi, Oskar Liivak
Comments On Amgen V. Sanofi, Oskar Liivak
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Certificates Of Correction And Aia Trials, Andrew Kerrick
Certificates Of Correction And Aia Trials, Andrew Kerrick
Chicago-Kent Journal of Intellectual Property
No abstract provided.
The Patent Trial And Appeal Board: A Heightened Call For Transparency, Nicole Bruner
The Patent Trial And Appeal Board: A Heightened Call For Transparency, Nicole Bruner
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Goodwill, Signification, And Settling The Debate Regarding Naked Assignments And Licenses, Tony Bortolin
Goodwill, Signification, And Settling The Debate Regarding Naked Assignments And Licenses, Tony Bortolin
Chicago-Kent Journal of Intellectual Property
No abstract provided.