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Articles 91 - 120 of 328
Full-Text Articles in Intellectual Property Law
On Copyright And Scientific Theory, Thomas M. Byron
On Copyright And Scientific Theory, Thomas M. Byron
Santa Clara High Technology Law Journal
On Copyright and Scientific Theory
The Defend Trade Secrets Act Isn't An "Intellectual Property" Law, Eric Goldman
The Defend Trade Secrets Act Isn't An "Intellectual Property" Law, Eric Goldman
Santa Clara High Technology Law Journal
The Defend Trade Secrets Act isn't an "Intellectual Property" Law
Threatened Misappropriation Of Trade Secrets: Making A Federal (Dtsa) Case Out Of It, David Bohrer
Threatened Misappropriation Of Trade Secrets: Making A Federal (Dtsa) Case Out Of It, David Bohrer
Santa Clara High Technology Law Journal
Threatened Misappropriation of Trade Secrets: Making a Federal (DTSA) Case out of it
Identifying The Trade Secrets At Issue In Litigation Under The Uniform Trade Secrets Act And The Federal Defend Trade Secrets Act, Richard F. Dole, Jr.
Identifying The Trade Secrets At Issue In Litigation Under The Uniform Trade Secrets Act And The Federal Defend Trade Secrets Act, Richard F. Dole, Jr.
Santa Clara High Technology Law Journal
Identifying the Trade Secrets at Issue in Litigation Under the Uniform Trade Secrets Act and the Federal Defend Trade Secrets Act
Debating Employee Non-Competes And Trade Secrets, Sharon K. Sandeen, Elizabeth A. Rowe
Debating Employee Non-Competes And Trade Secrets, Sharon K. Sandeen, Elizabeth A. Rowe
Santa Clara High Technology Law Journal
Debating Employee Non-Competes and Trade Secrets
Open-Source Licensing And Business Models: Making Money By Giving It Away, Andrew J. Hall
Open-Source Licensing And Business Models: Making Money By Giving It Away, Andrew J. Hall
Santa Clara High Technology Law Journal
Open-Source Licensing and Business Models: Making Money by Giving it Away
The New Foundations Of Open Source, Heather Meeker, Stephanie Petit
The New Foundations Of Open Source, Heather Meeker, Stephanie Petit
Santa Clara High Technology Law Journal
The New Foundations of Open Source
Software As Text, John Shaeffer
Software As Text, John Shaeffer
Santa Clara High Technology Law Journal
Software as Text
Drones And Privacy In The Golden State, Brandon Gonzalez
Drones And Privacy In The Golden State, Brandon Gonzalez
Santa Clara High Technology Law Journal
Drones and Privacy in the Golden State
Managing Cyberthreat, Lawrence J. Trautman
Managing Cyberthreat, Lawrence J. Trautman
Santa Clara High Technology Law Journal
Managing Cyberthreat
"Through A Glass, Darkly" Technical, Policy, And Financial Actions To Avert The Coming Digital Dark Ages, Richard S. Whitt
"Through A Glass, Darkly" Technical, Policy, And Financial Actions To Avert The Coming Digital Dark Ages, Richard S. Whitt
Santa Clara High Technology Law Journal
"Through A Glass, Darkly" Technical, Policy, and Financial Actions to Avert the Coming Digital Dark Ages
Reach Out And Touch Someone: Reflections On The 25th Anniversary Of Feist Publications, Inc. V. Rural Telephone Service Co., Tyler T. Ochoa, Craig Joyce
Reach Out And Touch Someone: Reflections On The 25th Anniversary Of Feist Publications, Inc. V. Rural Telephone Service Co., Tyler T. Ochoa, Craig Joyce
Faculty Publications
2016 marks the 25th anniversary of the Supreme Court’s opinion in Feist Publications, Inc. v. Rural Telephone Service Co., one of the Court’s landmark opinions in copyright law, and one that continues to define the standard of originality for copyrighted works in general and compilations of data in particular. The Feist case, however, was an unlikely candidate for landmark status. Only a handful of court opinions and academic authors had expressed dissatisfaction with the existing state of the law concerning originality and data compilations.scure sources which have enhanced greatly the pages that follow. Further, the Tenth Circuit’s opinion in Feist …
The Market For Software Innovation Through The Lens Of Patent Licenses And Sales, Colleen V. Chien
The Market For Software Innovation Through The Lens Of Patent Licenses And Sales, Colleen V. Chien
Faculty Publications
Software innovation is transforming the US economy. Yet our understanding of how patents and patent transactions support this innovation is limited, in part because of a lack of public information about patent licenses and sales. Claims about the patent marketplace, for example, extolling the virtues of intermediaries like non-practicing entities, or questioning the social utility of ex post patent licenses, tend not to be grounded in empirical evidence. This article brings much-needed data to the policy debate by analyzing transactional data from several proprietary databases of patent licenses and transfers, and reporting several novel findings. First I find that, despite …
What Is A "Useful Article" In Copyright Law After Star Athletica?, Tyler T. Ochoa
What Is A "Useful Article" In Copyright Law After Star Athletica?, Tyler T. Ochoa
Faculty Publications
In Star Athletica, LLC v, Varsity Brands, Inc., the Supreme Court decided the appropriate test to determine when a feature of a useful article is protectable under §101 of the Copyright Act. However, there is an antecedent question that must be answered first before the Supreme Court's two part test in Star Athetica may be invoked.
The Internet Of Things: Where Privacy And Copyright Collide, Lidiya Mishchenko
The Internet Of Things: Where Privacy And Copyright Collide, Lidiya Mishchenko
Santa Clara High Technology Law Journal
The Internet of Things: Where Privacy and Copyright Collide
A Genre Theory Of Copyright, Omri Rachum-Twaig
A Genre Theory Of Copyright, Omri Rachum-Twaig
Santa Clara High Technology Law Journal
A Genre Theory of Copyright
Indifference And Secondary Liability For Copyright Infringement, Richard G. Kunkel
Indifference And Secondary Liability For Copyright Infringement, Richard G. Kunkel
Santa Clara High Technology Law Journal
Indifference and Secondary Liability for Copyright Infringement
Brief Of Amici Curiae - 56 Professors Of Law And Economics In Support Of Petition For Writ Of Certiorari In Tc Heartland Llc V. Kraft Foods Group Brands Llc, No. 16-341, Colleen V. Chien, Mark Lemley, Brian Love, Arti K. Rai
Brief Of Amici Curiae - 56 Professors Of Law And Economics In Support Of Petition For Writ Of Certiorari In Tc Heartland Llc V. Kraft Foods Group Brands Llc, No. 16-341, Colleen V. Chien, Mark Lemley, Brian Love, Arti K. Rai
Historical and Topical Legal Documents
28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is incorporated or has a regular and established place of business and has infringed the patent. This Court made clear in Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222, 223 (1957), that those were the only permissible venues for a patent case. But the Federal Circuit has rejected Fourco and the plain meaning of § 1400(b), instead permitting a patent plaintiff to file suit against a defendant anywhere there is personal jurisdiction over that defendant. The result has been rampant …
Inter Partes Review: Current Thinking On What, When, Why, And How Much, Brian Love
Inter Partes Review: Current Thinking On What, When, Why, And How Much, Brian Love
Faculty Publications
Slide deck from a presentation as part of the Merchant & Gould's CLE program on Inter Partes Review.
Predictably Expensive: A Critical Look At Patent Litigation In The Eastern District Of Texas, Brian Love
Predictably Expensive: A Critical Look At Patent Litigation In The Eastern District Of Texas, Brian Love
Faculty Publications
In this Essay, we compare U.S. patent litigation across districts and consider possible explanations for the Eastern District of Texas’s popularity with patent plaintiffs. Rather than any one explanation, we conclude that what makes the Eastern District so attractive to patent plaintiffs is the accumulated effect of several marginal advantages — particularly with respect to the relative timing of discovery deadlines, transfer decisions, and claim construction — that make it predictably expensive for accused infringers to defend patent suits filed in East Texas. These findings tend to support ongoing efforts to pass patent reform legislation that would presumptively stay discovery …
Comparative Patent Quality, Colleen Chien
Comparative Patent Quality, Colleen Chien
Faculty Publications
One of the most urgent problems with the US patent system is that there are too many patents of poor quality. Most blame the US Patent and Trademark Office (USPTO) – its mistakes, overly generous grant rate, and lack of consistency. But, the quality and quantity of patents in force is the product of three sets of decisions: to submit an application of certain quality (by the applicant), to grant the patent (by the patent office), and to renew a patent and keep it in force (by the applicant/patentee). Startling, there is no consensus way to measure patent quality. This …
Recalibrarting Patent Venue, Colleen V. Chien, Michael Risch
Recalibrarting Patent Venue, Colleen V. Chien, Michael Risch
Faculty Publications
For most of patent law’s 200-year plus history, the rule has been that patentholders are permitted to sue defendants only in the district they inhabit. In 1990, the Federal Circuit changed this by enlarging the scope of permissible venue to all districts with personal jurisdiction over the defendant. Since then, patentees have flocked to fewer districts, and in 2015, brought more than 40% of their cases in a single rural district with 1% of the US population, the Eastern District of Texas. Fueled in particular by concerns that non-practicing entities (NPEs), who bring the majority of cases in the Eastern …
"I'Ll See": How Surveillance Undermines Privacy By Eroding Trust, Robert H. Sloan, Richard Warner
"I'Ll See": How Surveillance Undermines Privacy By Eroding Trust, Robert H. Sloan, Richard Warner
Santa Clara High Technology Law Journal
"I'll See": How Surveillance Undermines Privacy By Eroding Trust
Can Digital Speech Loosen The Gordian Knot Of Reputation Law?, Elizabeth A. Kirley
Can Digital Speech Loosen The Gordian Knot Of Reputation Law?, Elizabeth A. Kirley
Santa Clara High Technology Law Journal
Can Digital Speech Loosen the Gordian Knot of Reputation Law?
After O2 Micro: The Court's Evolving Duty To Map Words To Things, Peter E. Gratzinger
After O2 Micro: The Court's Evolving Duty To Map Words To Things, Peter E. Gratzinger
Santa Clara High Technology Law Journal
After O2 Micro: The Court's Evolving Duty to Map Words to Things
Comment To The Sec In Support Of The Enhanced Disclosure Of Patent And Technology License Information, Colleen Chien, Jorge L. Contreras, Carol Corrado, Stuart Graham, Deepak Hegde, Arti K. Rai, Saurabh Vishnubhakat
Comment To The Sec In Support Of The Enhanced Disclosure Of Patent And Technology License Information, Colleen Chien, Jorge L. Contreras, Carol Corrado, Stuart Graham, Deepak Hegde, Arti K. Rai, Saurabh Vishnubhakat
Historical and Topical Legal Documents
Intangible assets like IP constitute a large share of the value of firms, and the US economy generally. Accurate information on the intellectual property (IP) holdings and transactions of publicly-traded firms facilitates price discovery in the market and reduces transaction costs. While public understanding of the innovation economy has been expanded by a large stream of empirical research using patent data, and more recently trademark information this research is only as good as the accuracy and completeness of the data it builds upon. In contrast with information about patents and trademarks, good information about IP licensing is much less publicly …
Direct Digital Engagement Of Patients And Democratizing Health Care, Dov Greenbaum
Direct Digital Engagement Of Patients And Democratizing Health Care, Dov Greenbaum
Santa Clara High Technology Law Journal
Direct Digital Engagement of Patients and Democratizing Health Care
Design Patent Evolution: From Obscurity To Center Stage, Andrew Beckerman-Rodau
Design Patent Evolution: From Obscurity To Center Stage, Andrew Beckerman-Rodau
Santa Clara High Technology Law Journal
Design Patient Evolution: From Obscurity to Center Stage
Only A Pawn In The Game: Rethinking Induced Patent Infringement, W. Keith Robinson
Only A Pawn In The Game: Rethinking Induced Patent Infringement, W. Keith Robinson
Santa Clara High Technology Law Journal
Only a Pawn in the Game: Rethinking Induced Patent Infringement
Two Models Of Unpatentable Subject Matter, Alan L. Durham
Two Models Of Unpatentable Subject Matter, Alan L. Durham
Santa Clara High Technology Law Journal
Patentable subject matter has become one of the most controversial areas of patent law. Efforts to articulate a lucid and productive theory of patentable subject matter must acknowledge that there are two competing models of unpatentable subject matter. One posits that natural laws, natural phenomena, and abstract ideas are themselves ineligible for patenting, and that each example of a natural law, natural phenomenon, or abstract idea further defines a class of inventions that cannot be patented because they lack an additional element of ingenuity—or “inventive concept”—that sufficiently distinguishes those inventions from their natural counterparts. This “penumbral” model of unpatentable subject …