Intellectual Property Law Commons^™

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

Artificial Intelligence And The Fog Of Innovation: A Deep-Dive On Governance And The Liability Of Autonomous Systems, Brandon W. Jackson

Santa Clara High Technology Law Journal

ARTIFICIAL INTELLIGENCE AND THE FOG OF INNOVATION: A DEEP-DIVE ON GOVERNANCE AND THE LIABILITY OF AUTONOMOUS SYSTEMS

Algorithms And Human Freedom, Robert H. Sloan, Richard Warner

Santa Clara High Technology Law Journal

ALGORITHMS AND HUMAN FREEDOM

Defective Computer-Aided Design Software Liability In 3d Bioprinted Human Organ Equivalents, Jamil Ammar

Santa Clara High Technology Law Journal

DEFECTIVE COMPUTER-AIDED DESIGN SOFTWARE LIABILITY IN 3D BIOPRINTED HUMAN ORGAN EQUIVALENTS

Empirical Analysis Of Australian Trademark Infringement Decisions: Implications For The U.S. Trademark Use Debate, Dr. Vicki T. Huang

Santa Clara High Technology Law Journal

EMPIRICAL ANALYSIS OF AUSTRALIAN TRADEMARK INFRINGEMENT DECISIONS: IMPLICATIONS FOR THE U.S. TRADEMARK USE DEBATE

“Fly Home Ye Ravens!”: How The Fcc’S Abandonment Of Broadband Regulation Will Harm Music Diversity, Batty, Luke

Santa Clara High Technology Law Journal

“Fly Home Ye Ravens!”: How the FCC’s Abandonment of Broadband Regulation Will Harm Music Diversity

I, Copyright, Huson, Garrett

Santa Clara High Technology Law Journal

I, Copyright

From Bits To Atoms: Does The Open Source Software Model Translate To Open Source Hardware?, Beldiman, Dana

Santa Clara High Technology Law Journal

From Bits to Atoms: Does the Open Source Software Model

Translate to Open Source Hardware?

Unfair Misuse: How Section 512 Of The Dmca Allows Abuse Of The Copyright Fair Use Doctrine And How To Fix It, Matteson, Joel D.

Santa Clara High Technology Law Journal

Unfair Misuse: How Section 512 of the DMCA Allows Abuse of the Copyright Fair Use Doctrine and How to Fix It

Model(Ing) Privacy: Empirical Approaches To Privacy Law And Governance, Barrett, Lindsey

Santa Clara High Technology Law Journal

Model(ing) Privacy: Empirical Approaches to Privacy Law and Governance

Drones: Proposed Standards Of Liability, Harris, Kristopher-Kent ‘K-K’

Santa Clara High Technology Law Journal

Drones: Proposed Standards of Liability

Liability Issue Of Domestic Drones, Sehrawat, Vivek

Santa Clara High Technology Law Journal

Liability Issue of Domestic Drones

The Biosimilar Patent Dance- If You Don't Dance You're No Friend Of Mine, Ladonnikov, Alexej

Santa Clara High Technology Law Journal

The Biosimilar Patent Dance- If You Don't Dance Your No Friend of Mine

Copyright And Underwater Cultural Heritage, Tyler T. Ochoa

Faculty Publications

This article will focus on three aspects of copyright law as it applies to the photography of underwater cultural heritage. First, to what extent can a salvor claim exclusive rights to photograph a particular site? Second, who is the author (or who are the authors) of such underwater photography, which increasingly involves the use of remote-controlled robotic drones? Third, to what extent can a State control the use of underwater photography that falls within its territorial waters?8 All three of these aspects have been the subject of lawsuits and judicial opinions in the United States; and those opinions shed light …

Taking Ai Personally: How The E.U. Must Learn To Balance The Interests Of Personal Data Privacy & Artificial Intelligence, Humerick, Matthew

Santa Clara High Technology Law Journal

Taking AI Personally: How the E.U. Must Learn to Balance the Interests of Personal Data Privacy & Artificial Intelligence

The Contract Exception To The Uniform Trade Secrets Act And Its Implications For The Federal Defend Trade Secrets Act, Dole Jr, Richard F.

Santa Clara High Technology Law Journal

The Contract Exception to the Uniform Trade Secrets Act and Its Implications for the Federal Defend Trade Secrets Act

The Return Of The Plague: Inequitable Conduct After Regeneron V. Merus, Avery, Matthew, Kempf, Matthew, Liang, Amy

Santa Clara High Technology Law Journal

The Return of the Plague: Inequitable Conduct After Regeneron V. Merus

Emojis And The Law, Eric Goldman

Faculty Publications

Emojis are an increasingly important way we express ourselves. Though emojis may be cute and fun, their usage can lead to misunderstandings with significant legal stakes—such as whether someone should be obligated by contract, liable for sexual harassment, or sent to jail.

Our legal system has substantial experience interpreting new forms of content, so it should be equipped to handle emojis. Nevertheless, some special attributes of emojis create extra interpretative challenges. This Article identifies those attributes and proposes how courts should handle them.

One particularly troublesome interpretative challenge arises from the different ways platforms depict emojis that are nominally standardized …

Internet-Of-Things Devices, Intellectual Property, Venture Capital, China Manufacturing, And The Art Of A Clean Deal: Who Owns What?, Carr, Chris, Harris, Dan

Santa Clara High Technology Law Journal

Internet-of-Things Devices, Intellectual Property, Venture Capital, China Manufacturing, and the Art of a Clean Deal: Who Owns What?

Call For Standardization In Patent Claim Drafting, Zhang, Tao, Sherwinter, Daniel J., Greenbaum, Dov

Santa Clara High Technology Law Journal

Call for Standardization in Patent Claim Drafting

Citrus Groves In The Cloud: Is Cryptocurrency Cloud Mining A Security?, Sandler, Darren J.

Santa Clara High Technology Law Journal

Citrus Groves in the Cloud: Is Cryptocurrency Cloud Mining a Security?

Brief Of Amici Curiae - Copyright And Intellectual Property Law Professors In Support Of Defendant-Petitioner Pandora Media, Inc., Tyler T. Ochoa, Joseph C. Gratz

Faculty Publications

Brief submitted to the Supreme Court of the State of California.

Case No. S240649 FLO & EDDIE, INC., Plaintiff-Respondent, v. PANDORA MEDIA, INC., Defendant-Petitioner.

Plaintiff Flo & Eddie, Inc., contends that the phrase “exclusive ownership” in California Civil Code section 980 includes all possible uses to which a copyrightable work may be put, including an exclusive right of public performance. At the time California Civil Code section 980 was first enacted in 1872, however, the phrase “exclusive ownership” in relation to a copyrightable work meant something different and much narrower: namely, the right of first publication (reproduction and sale) only. …

Patent "Trespass" And The Royalty Gap: Exploring The Nature And Impact Of Patent Holdout, Bowman Heiden, Nicolas Petit

Santa Clara High Technology Law Journal

Patent "Trespass" and the Royalty Gap: Exploring the Nature and Impact of Patent Holdout

Revisiting The Intellectual Property Dilemma: How Did We Get To A Strong Wto Ipr Regime?, Julien Chaisse, Xinjie Luan

Santa Clara High Technology Law Journal

Revisiting the Intellectual Property Dilemma: How Did We Get to a Strong WTO IPR Regime?

Licensing & Law Who Owns An Avatar?, Tyler T. Ochoa, Jaime Banks

Faculty Publications

Both players and game developers have great influence over how avatars—via their assembled components— manifest in digital game play. Developers craft their foundational platforms and draw on those infrastructures to craft dynamic code that enables movements, appearances, and abilities. But those potentials call into question whether avatars are avatars until they are played—players click avatars into being, customize their bodies and attire, drive their actions and interactions, and sometimes bring them outside the game world through physical representations. So, given avatars’ joint reliance on developers and players, and given legal frameworks such as copyright law, who really “owns” a video …

Nuisance Law And The Doctrine Of Equivalents In Patent Law, Min-Chiuan Wang

Santa Clara High Technology Law Journal

Nuisance Law and the Doctrine of Equivalents in Patent Law

Inequality, Innovation, And Patents, Colleen V. Chien

Faculty Publications

This article explores the relationship between patents, innovation, and inequality, making three contributions. First, it reveals how shifts in patented innovation over the last several decades have contributed to broader social and economic shifts, away from manufacturing-based, domestic, and independent innovation, and towards digital, foreign, and corporate innovation, validating both optimistic accounts of immigration-driven, digital prosperity and pessimistic accounts of the shrinking role of domestic innovators. Second, it offers a framework for understanding the relationship between innovation and inequality that includes both the potentially inequality-increasing impacts of innovation and the potentially inequality-decreasing impacts of innovation and specifies the contribution of …

Dr. Seuss, The Juice And Fair Use Revisited: Two Decades Of Parody And Satire In Copyright Law, Tyler T. Ochoa

Faculty Publications

This essay will summarize some of the salient features and arguments made in the original article. It will also analyze copyright infringement cases in the last 20 years applying the fair use doctrine to parody and satire.

The Promise And Problem Of Biologics, Michael A. Sanzo

Santa Clara High Technology Law Journal

The Promise and Problem of Biologics

Fairness In Copyright Law: An Anglo-American Comparison, Ilanah Fhima

Santa Clara High Technology Law Journal

Fairness in Copyright Law: An Anglo-American Comparison