Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (150)
- Computer Law (126)
- Internet Law (126)
- International Law (6)
- International Trade Law (4)
-
- State and Local Government Law (4)
- Legislation (3)
- Privacy Law (3)
- Banking and Finance Law (2)
- Civil Procedure (2)
- Food and Drug Law (2)
- Health Law and Policy (2)
- Law and Economics (2)
- Supreme Court of the United States (2)
- Transnational Law (2)
- Administrative Law (1)
- Agriculture Law (1)
- Air and Space Law (1)
- Behavioral Economics (1)
- Business Organizations Law (1)
- Computer Engineering (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Digital Communications and Networking (1)
- Economics (1)
- Engineering (1)
- Entertainment, Arts, and Sports Law (1)
- First Amendment (1)
- Keyword
-
- Intellectual property (10)
- Patent (9)
- Patents (7)
- Copyright (6)
- Patent law (6)
-
- USPTO (5)
- Joint infringement (4)
- Alice (3)
- America Invents Act (3)
- Intellectual Property (3)
- Mayo (3)
- Patent eligibility (3)
- Supreme Court (3)
- Aereo (2)
- Akamai (2)
- Artificial intelligence (2)
- Divided infringement (2)
- Eligibility (2)
- Patent Law (2)
- Patentability (2)
- Privacy (2)
- Redskins (2)
- Remedies (2)
- Trade secret (2)
- Trademark (2)
- AI (1)
- Aftermarket customization (1)
- Agency action (1)
- Antiformalism (1)
- Arbitration (1)
- Publication Year
- Publication
- Publication Type
Articles 181 - 202 of 202
Full-Text Articles in Intellectual Property Law
Chinese Intellectual Property Judges Panel, Zunxuen "Digger" Chen, Chen Yongshun, Zhang Yumin, Yi Jianxiong, Jennie Wu
Chinese Intellectual Property Judges Panel, Zunxuen "Digger" Chen, Chen Yongshun, Zhang Yumin, Yi Jianxiong, Jennie Wu
SMU Science and Technology Law Review
No abstract provided.
China Patent Re-Examination, Zheng Chu, Alfonso Chan, Shelley Zheng
China Patent Re-Examination, Zheng Chu, Alfonso Chan, Shelley Zheng
SMU Science and Technology Law Review
No abstract provided.
China's Global Business Perspectives And Intellectual Property, Henry Haojin Wang, Federico Fraccaroli, Sheana Chen
China's Global Business Perspectives And Intellectual Property, Henry Haojin Wang, Federico Fraccaroli, Sheana Chen
SMU Science and Technology Law Review
No abstract provided.
The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson
The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson
SMU Science and Technology Law Review
No abstract provided.
Uspto Issues Supplementary Examination Guidelines Explaining The Requirement For Clarity In Patent Claims, W. Keith Robinson, Rouget Henschel
Uspto Issues Supplementary Examination Guidelines Explaining The Requirement For Clarity In Patent Claims, W. Keith Robinson, Rouget Henschel
Faculty Journal Articles and Book Chapters
The US Patent and Trademark Office (USPTO) recently published Supplementary Examination Guidelines on the requirement that proper patent claims must allow the public to clearly distinguish what infringes from what does not. The Guidelines focus to some degree on computer-implemented inventions. The Guidelines acknowledge that computer implemented inventions have “unique examination issues.” But the Guidelines are important to patent applicants in all fields, perhaps more so in newer technologies with developing terminology, or where the invention is otherwise difficult to put into words.
Current And Potential Methods To Undermine A Competitor’S U.S. Patent Application, W. Keith Robinson, M. Haq
Current And Potential Methods To Undermine A Competitor’S U.S. Patent Application, W. Keith Robinson, M. Haq
Faculty Journal Articles and Book Chapters
The current PTO procedures provide a few choices for a third party to influence the prosecution of a competitors patent application prior to issuance. In the case of protests and public use hearings, the third party may submit documents and explain their relevancy, but must know of the application’s existence prior to publication in order to meet the timeliness requirement. In the case of third-party submissions, the third party has a short two-month window post-publication, but cannot explain the relevancy of the documents submitted. In each case, the time frame within which a third party can act is extremely limited. …
Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright, And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba
Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright, And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
In 1709, Jacob Tonson, the premier publisher of his age, purchased the “copyright” to Shakespeare. Tonson and his family over the next fifty years went on to publish some of the most significant editions of the collected works of Shakespeare, edited by the likes of Nicholas Rowe, Alexander Pope and Samuel Johnson. In many ways, the Tonsons were responsible for the growth of Shakespeare’s popularity and the critical study of his work.
This article discusses the significance of copyright to the Tonsons’ publication decisions. It suggests that the Tonson copyright did not significantly “encourage” their contributions to Shakespeare scholarship. First, …
Clear But Unconvincing: The Federal Circuit’S Invalidity Standard, David O. Taylor
Clear But Unconvincing: The Federal Circuit’S Invalidity Standard, David O. Taylor
Faculty Journal Articles and Book Chapters
The Federal Circuit’s standard for proving invalidity of patent claims is clear. The Federal Circuit always requires clear and convincing evidence to prove that a patent claim is invalid. The rationale behind this standard, however, is unconvincing. There are significant reasons to believe that the Patent Office rarely considers the most relevant prior art and that, instead, alleged infringers often find prior art that is more relevant than the prior art considered by the Patent Office. It defies logic to apply the clear and convincing burden where the Patent Office considered only prior art that is less relevant than the …
Discovery In The Paperless World: How Speed And Ease Of Technology Has Slowed And Complicated The Process, John Prudhomme
Discovery In The Paperless World: How Speed And Ease Of Technology Has Slowed And Complicated The Process, John Prudhomme
SMU Science and Technology Law Review
No abstract provided.
Keynote Panel: What In The Heck Is Going On, Richard Hilleman, Evan Hirsch, Joseph Olin, Randy Pitchford
Keynote Panel: What In The Heck Is Going On, Richard Hilleman, Evan Hirsch, Joseph Olin, Randy Pitchford
SMU Science and Technology Law Review
No abstract provided.
Privacy: Problems And Solutions, Jennifer Archie, Andrew S. Ehmke, Joshua Fairfield, Berin Szoka
Privacy: Problems And Solutions, Jennifer Archie, Andrew S. Ehmke, Joshua Fairfield, Berin Szoka
SMU Science and Technology Law Review
No abstract provided.
The Effect Of Court Rulings On Business Development, Christopher Ferguson, Holt Foster, Sean F. Kane, Shane Mcgee
The Effect Of Court Rulings On Business Development, Christopher Ferguson, Holt Foster, Sean F. Kane, Shane Mcgee
SMU Science and Technology Law Review
No abstract provided.
Digital Distribution: Is It Really Finally Here, Robert Brown, Shawn Freeman, Michael Klotz, Steve Nix, Tom Paquin
Digital Distribution: Is It Really Finally Here, Robert Brown, Shawn Freeman, Michael Klotz, Steve Nix, Tom Paquin
SMU Science and Technology Law Review
No abstract provided.
Jagex Ltd. V. Impulse Software: An Almost Big Win For Online-Gaming Software Developers, Holly Guest
Jagex Ltd. V. Impulse Software: An Almost Big Win For Online-Gaming Software Developers, Holly Guest
SMU Science and Technology Law Review
No abstract provided.
Ramifications Of Joint Infringement Theory On Emerging Technology Patents, W. Keith Robinson
Ramifications Of Joint Infringement Theory On Emerging Technology Patents, W. Keith Robinson
Faculty Journal Articles and Book Chapters
Two cases decided by the U.S. Court of Appeals for the Federal Circuit articulate the standards for joint infringement. In BMC Resources, Inc. v. Paymentech, L.P., the court ruled that to find liability in situations where steps of a method claim are performed by multiple parties, the entire method must be performed at the control or direction of the alleged direct infringer — the mastermind. Approximately one year later, in Muniauction, Inc. v. Thomson Corp., the Federal Circuit clarified that “the control or direction standard is satisfied in situations where the law would traditionally hold the accused direct infringer vicariously …
A Hole In The Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy Gordon
A Hole In The Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy Gordon
SMU Science and Technology Law Review
No abstract provided.
Bill Graham Archives V. Dorling Kindersley Limited : The Ever-Changing Face Of The Fair Use Defense, Christina Alvarado
Bill Graham Archives V. Dorling Kindersley Limited : The Ever-Changing Face Of The Fair Use Defense, Christina Alvarado
SMU Science and Technology Law Review
No abstract provided.
Copyright Under Siege: The First Amendment Front, Lackland H. Bloom Jr.
Copyright Under Siege: The First Amendment Front, Lackland H. Bloom Jr.
Faculty Journal Articles and Book Chapters
Over the past decade, the law of copyright - traditionally an arcane and obscure specialty - has evolved into an extraordinarily controversial legal arena. To a significant extent, though not exclusively, this has been caused by the emerging clashes between copyright on the one hand and digital technology and the internet on the other. Some see copyright as the aggressor in the copyright wars, guilty of threatening the digital revolution, the internet, information policy, privacy, freedom of speech and the public domain. Much of this assault on copyright is culturally driven by the Internet's champions. Inevitably, this cultural challenge is …
Wasting Resources: Reinventing The Scope Of Waiver Resulting From The Advice-Of-Counsel Defense To A Charge Of Willful Patent Infringement, David O. Taylor
Wasting Resources: Reinventing The Scope Of Waiver Resulting From The Advice-Of-Counsel Defense To A Charge Of Willful Patent Infringement, David O. Taylor
Faculty Journal Articles and Book Chapters
Patent infringement cases may be the very definition of “high-stakes litigation.” In addition to issuance of permanent injunctions and high-dollar damage awards, judges have discretion to award treble damages and attorney’s fees in patent cases. Judges may exercise this discretion when infringement is found to be willful. One way for an alleged willful infringer to rebut an allegation of willfulness is to introduce an opinion of counsel evidencing the alleged willful infringer’s good faith effort to investigate the patent at issue after receiving notice of potential infringement. Disclosure of such an opinion, however, waives attorney-client privilege and work-product immunity. District …
Going Private: Technology, Due Process, And Internet Dispute Resolution, Elizabeth G. Thornburg
Going Private: Technology, Due Process, And Internet Dispute Resolution, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
Despite cliches about Internet speed, disputes that arise on and about the Internet can be time-consuming to resolve, legally murky, and factually complex. In response, Internet players with market power are opting out: mandatory arbitration is replacing both substantive law and court procedure, and technological remedies are providing self-help without any dispute resolution at all. These alternative procedures tend to move faster than courts and to cost their corporate creators less than lawsuits. They are also structured to maximize the success of the powerful. But faster is not always better. Cheap is not always fair or accurate. Market power is …
Industrial Property Rights In Ethiopia, Peter Winship
Industrial Property Rights In Ethiopia, Peter Winship
Faculty Journal Articles and Book Chapters
Although the Commercial Code of 1960 contemplates the promulgation of a special law governing industrial property rights, the Imperial Ethiopian Government has neither promulgated this law nor, with the exception of a draft trademark law, prepared the appropriate draft legislation. The lack of a comprehensive law has not been disastrous: until recently the number of trademarks and industrial inventions used or created in Ethiopia was very small. A number, of different legal theories, moreover, have been or could be used to protect some persons' trade marks or industrial inventions. 2 However, with the growing number of court cases related to …