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Articles 451 - 480 of 829
Full-Text Articles in Intellectual Property Law
Sacking Super Sack: Using Existing Rules To Prevent Patentees From Fleeing An Improvident Patent Infringement Lawsuit, 8 J. Marshall Rev. Intell. Prop. L. 90 (2008), Vangelis Economou
Sacking Super Sack: Using Existing Rules To Prevent Patentees From Fleeing An Improvident Patent Infringement Lawsuit, 8 J. Marshall Rev. Intell. Prop. L. 90 (2008), Vangelis Economou
UIC Review of Intellectual Property Law
The Federal Circuit’s Super Sack decision is striking: a patentee’s covenant-not-to-sue for infringement divested the court of subject-matter jurisdiction in deciding the invalidity counterclaim. However, the intent and spirit of the Declaratory Judgment Act and of Federal Rule of Civil Procedure 41(a)(2) suggest that Super Sack may have missed the mark. An in-depth analysis of the Declaratory Judgment Act, Federal Rule of Civil Procedure 41(a)(2), and post-Super Sack patent cases reveals numerous policy reasons for the Federal Circuit to overturn Super Sack.
The Computer Fraud And Abuse Act: A Vehicle For Litigating Trade Secrets In Federal Court, 8 J. Marshall Rev. Intell. Prop. L. 155 (2008), Graham M. Liccardi
The Computer Fraud And Abuse Act: A Vehicle For Litigating Trade Secrets In Federal Court, 8 J. Marshall Rev. Intell. Prop. L. 155 (2008), Graham M. Liccardi
UIC Review of Intellectual Property Law
Federal jurisdictions are split on the reach of the Computer Fraud and Abuse Act (“CFAA”) in situations where computer-stored trade secrets are stolen by former employees who possessed authorization to access and use the trade secret information. This comment explores both the broad and narrow interpretations of the CFAA. It proposes that courts adopt the broad interpretation, which includes principles of agency law, in order to determine when an employee is “without authorization” under the CFAA. Courts should also adopt the broad interpretation in situations where trade secrets are stolen because an employee is only granted a “limited license” to …
An Immoral Fight: Shielding Moral Rights With First Amendment Jurisprudence When Fair Use Battles With Actual Malice, 8 J. Marshall Rev. Intell. Prop. L. 190 (2008), Mark A. Petrolis
UIC Review of Intellectual Property Law
Moral rights give an artist personal rights to her work. Because an artist puts her personality, spirit, and soul into the creation of her work, her honor and reputation may be harmed if her works are mistreated. In 1990, the Visual Artists Rights Act incorporated moral rights into U.S. copyright law. However, fair use became an absolute defense to moral rights violations. This comment proposes that fair use should not be an absolute defense, and applies First Amendment jurisprudence developed from defamation law to both fair use and moral rights. Defamation shares similarities with both. Like moral rights, defamation law …
The Curse Of "Copying", 7 J. Marshall Rev. Intell. Prop. L. 296 (2008), Kenneth R. Adamo, Ryan B. Mccrum, Susan M. Gerber
The Curse Of "Copying", 7 J. Marshall Rev. Intell. Prop. L. 296 (2008), Kenneth R. Adamo, Ryan B. Mccrum, Susan M. Gerber
UIC Review of Intellectual Property Law
The concept of “copying” has long been involved with various aspects of intellectual property law, particularly in regard to patents and trademarks. In the absence of legally determined exclusive rights, “copying” is permitted, and is in fact, encouraged. However, because the term “copying” carries an undercurrent of disapproval and unfavorable practices, it is a favorite of patentees looking to portray an accused infringer in the most negative light, especially before a jury. Hence, the curse of “copying.” This article will review the current state of “copying” by addressing the substantive precedent in areas where “copying” has traditionally had a substantive …
Feca Matter: An Epic Copyright Infringement Trial, Congressional Interference, And The Diminution Of Moral Rights In The United States Of America, 7 J. Marshall Rev. Intell. Prop. L. 376 (2008), Jacob Armstrong
UIC Review of Intellectual Property Law
Film directors suffered a setback in their collective efforts to maintain the integrity of their films after they are released to the public. In 2005, Congress passed the Family Entertainment Copyright Act, which contained the Family Movie Act, a piece of safe harbor legislation designed to save certain businesses and business practices from ongoing litigation. This Act was not only legislative interference with an ongoing trial, but also served to remove the topic of moral rights from public dialogue. Repealing the Family Movie Act would be a step towards affording directors the ability to prevent misattribution and mutilation of their …
Making A Federal Case For Copyrighting Stage Directions: Einhorn V. Mergatroyd Productions, 7 J. Marshall Rev. Intell. Prop. L. 393 (2008), Jennifer J. Maxwell
Making A Federal Case For Copyrighting Stage Directions: Einhorn V. Mergatroyd Productions, 7 J. Marshall Rev. Intell. Prop. L. 393 (2008), Jennifer J. Maxwell
UIC Review of Intellectual Property Law
To date, no court has ruled on whether stage directions are copyrightable. Einhorn v. Mergatroyd Productions is the most recent case to directly address the copyrightability of stage directions and blocking scripts. However, the court was unable to decide the copyright issue because both parties to the suit failed to address a series of questions necessary to the resolution of the claim. Nonetheless, the Einhorn decision gives hope to future directors because it highlights the issues crucial to proving a case of copyright infringement of stage directions. This comment advocates for the copyright protection of stage directions that fulfill the …
An Afterword To: A Panel Discussion On Obviousness In Patent Litigation: Ksr International V. Teleflex, 6 J. Marshall Rev. Intell. Prop. L. 633 (2007), Constantine L. Trela, Jr.
An Afterword To: A Panel Discussion On Obviousness In Patent Litigation: Ksr International V. Teleflex, 6 J. Marshall Rev. Intell. Prop. L. 633 (2007), Constantine L. Trela, Jr.
UIC Review of Intellectual Property Law
In KSR International v. Teleflex, Inc., the Supreme Court may have sparked the question: How should obviousness be decided as a procedural matter? KSR reaffirmed the holding in Graham v. John Deere Co.—that obviousness is a legal determination decided against the background of particular facts. However, KSR moved beyond Graham and stated on a number of occasions that “the court” is to make various determinations. KSR’s language logically suggests that the jury is to answer interrogatories on specific factual questions and then the judge is to decide the obviousness issue based on those answers. How the Federal Circuit and the …
The Troll Next Door, 6 J. Marshall Rev. Intell. Prop. L. 292 (2007), Jennifer Kahaulelio Gregory
The Troll Next Door, 6 J. Marshall Rev. Intell. Prop. L. 292 (2007), Jennifer Kahaulelio Gregory
UIC Review of Intellectual Property Law
The term Patent Troll is increasingly permeating news headlines. This comment explains where the term came from and how the changing landscape of patent enforcement has contributed to the evolution of the Patent Troll. Some have suggested that segregating Patent Trolls from other patent enforcers will solve many of the patent system’s woes. This comment analyzes proposed ways of distinguishing Patent Trolls and reveals them all as prejudicial and ineffective. The use of the term Patent Troll is a mask for underlying fears based on real shortcomings in the patent system, which need to be addressed.
Let's Make A Deal: Negotiating Resolution Of Intellectual Property Disputes Through Mandatory Mediation At The Federal Circuit, 6 J. Marshall Rev. Intell. Prop. L. 365 (2007), Wendy Levenson Dean
Let's Make A Deal: Negotiating Resolution Of Intellectual Property Disputes Through Mandatory Mediation At The Federal Circuit, 6 J. Marshall Rev. Intell. Prop. L. 365 (2007), Wendy Levenson Dean
UIC Review of Intellectual Property Law
In 2006, the United States Court of Appeals for the Federal Circuit implemented a mandatory mediation program for parties in all counseled cases, including intellectual property disputes. This program offers the parties incentives to settle, such as providing neutral mediators with intellectual property expertise at no cost to the litigants. This article explains how the Federal Circuit’s Mediation Program works and provides an overview of the Guidelines. This article concludes that the Federal Circuit firmly stands behind the mandatory mediation program for intellectual property disputes and believes the process can only serve to benefit all parties involved.
The Proliferation Of Tax Strategy Patents: Has Patenting Gone Too Far?, 7 J. Marshall Rev. Intell. Prop. L. 202 (2007), Anish Parikh
The Proliferation Of Tax Strategy Patents: Has Patenting Gone Too Far?, 7 J. Marshall Rev. Intell. Prop. L. 202 (2007), Anish Parikh
UIC Review of Intellectual Property Law
Many people employ an accountant or tax attorney to assist them with the paying of their taxes. Tax practitioners may utilize various tax strategies in determining how a taxpayer should allocate his money. These tax strategies fall into the category of business methods. It was widely held that patents could not be granted for methods of doing business; however, this changed in 1998 when the Court of Appeals for the Federal Circuit upheld the patentability of an investment structure in State Street Bank & Trust Company v. Signature Financial Group, Inc. More recently, in Wealth Transfer Group v. Rowe, the …
Application Service Providing, Copyright, And Licensing, 25 J. Marshall J. Computer & Info. L. 79 (2007), Michael P. Widmer
Application Service Providing, Copyright, And Licensing, 25 J. Marshall J. Computer & Info. L. 79 (2007), Michael P. Widmer
UIC John Marshall Journal of Information Technology & Privacy Law
Application Service Providing ("ASP"), where a vendor hosts a software application on her server and grants customers access to the application over a network -- without the software application itself being installed on the user’s computer -- is used by many, e.g. in the form of Web based e-mail services, and grows ever more important. This article argues that although ASP mainly raises questions (i) that come up in the context of traditional use of computer programs; or (ii) that have been addressed in the context of online use of works other than software, ASP has significantly different copyright implications …
Slingbox: Copyright, Fair Use, And Access To Television Programming Anywhere In The World, 25 J. Marshall J. Computer & Info. L. 187 (2007), Shekar Sathyanarayana
Slingbox: Copyright, Fair Use, And Access To Television Programming Anywhere In The World, 25 J. Marshall J. Computer & Info. L. 187 (2007), Shekar Sathyanarayana
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Hollywood Vs. The People Of The United States Of America: Regulating High-Definition Content And Associated Anti-Piracy Copyright Concerns, 6 J. Marshall Rev. Intell. Prop. L. 525 (2007), Timothy M. Cho
UIC Review of Intellectual Property Law
With Blu-ray Disc (“BD”) and HD-DVD poised to take over the $24.6 billion home video market, the issue of copy protection is the most significant obstacle to overcome before this new technological era can be fully ushered in. This comment proposes that impending Advanced Access Content System (“AACS”) implementation and Digital Millennium Copyright Act (“DMCA”) enforcement are not effective remedies for protecting copyrighted material and curbing rampant piracy in connection with BD and HD-DVD. Limiting the proposed scope of the DMCA, rejecting analog hole legislation, and creating low cost digital marketplace alternatives to illicit activity are the best ways to …
What Does Forum Shopping In The Eastern District Of Texas Mean For Patent Reform?, 6 J. Marshall Rev. Intell. Prop. L. 570 (2007), Alisha Kay Taylor
What Does Forum Shopping In The Eastern District Of Texas Mean For Patent Reform?, 6 J. Marshall Rev. Intell. Prop. L. 570 (2007), Alisha Kay Taylor
UIC Review of Intellectual Property Law
The Eastern District of Texas has recently become a rocket docket for patent litigation owing to the adoption of Judge T. John Ward’s local patent rules. However, the disproportional amount of patent cases filed in the Eastern District is evidence of plaintiffs forum shopping. Notwithstanding the benefit of forum shopping in creating, by default, patent law expertise in certain district courts, the existence of forum shopping illuminates the reality that patent law application is not uniformly applied throughout the district courts. This comment proposes a mandatory post-grant opposition proceeding occurring at the Board of Patent Appeals and Interferences of the …
Reason Or Madness: A Defense Of Copyright's Growing Pains, 7 J. Marshall Rev. Intell. Prop. L. 1 (2007), Marc H. Greenberg
Reason Or Madness: A Defense Of Copyright's Growing Pains, 7 J. Marshall Rev. Intell. Prop. L. 1 (2007), Marc H. Greenberg
UIC Review of Intellectual Property Law
A growing conflict between the creators and owners of expressive works protected by copyright law and the community of users and distributors of those works has focused on whether the law is so restrictive that it no longer meets the constitutional mandate that intellectual property law should serve to promote the growth and development of useful and expressive works. Has the scope of copyright's growth been reasonable, or are its restrictions madness, and harmful to the development and distribution of art? This article explores the seven leading criticisms leveled against copyright's expansion, and examines one recent effort at legislative reform …
"Heads-I-Win, Tails-You-Lose": The Predicament Legitimate Small Entities Face Post Ebay And The Essential Role Of Willful Infringement In The Four-Factor Permanent Injunction Analysis, 41 J. Marshall L. Rev. 189 (2007), William R. Everding
UIC Law Review
No abstract provided.
Messages From The Front: Hard Earned Lessons On Information Security From The Ip Wars, 16 Mich. St. J. Int'l L. 71 (2007), Doris E. Long
Messages From The Front: Hard Earned Lessons On Information Security From The Ip Wars, 16 Mich. St. J. Int'l L. 71 (2007), Doris E. Long
UIC Law Open Access Faculty Scholarship
Cyberspace is often a battlefield with a wide array of armies posed to challenge one another across the increasing array of rhetoric and technology that has made it such a potent arena for global digital commerce. Perry Barlow's infamous demand that cyberspace be left to its own devices because of its unique unregulated nature may have been answered by Larry Lessig's reply that code may in fact be used to regulate cyberspace, but the reality is that social norming demands, the evanescence of technological controls, and the perceived utility of illicit conduct utilizing the internet make any regulation problematic at …
Copyright Under Siege: An Economic Analysis Of The Essential Facilities Doctrine And The Compulsory Licensing Of Copyrighted Works, 17 Alb. L.J. Sci. & Tech. 481 (2007), Daryl Lim
UIC Law Open Access Faculty Scholarship
No abstract provided.
Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long
Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long
UIC Law Open Access Faculty Scholarship
Even though creativity lies at the heart of present copyright laws, the impulse to create-or more precisely what triggers such creativity-remains largely unexamined. Coinciding with the digital demand for access to information, new standards for "cash 'n' carry" creativity are being urged with little regard to what level of authorial3 control may be required to ensure continued enrichment of the public domain through the creation of vibrant new works. Scientific, psychological, and sociological studies indicate that "cash 'n' carry" creativity fails to implement the critical triggering mechanisms for the creative impulse. Moreover, such "cash 'n' carry" attitudes toward authors' rights …
Who Is Really Undermining The Patent System – “Patent Trolls” Or Congress?, 6 J. Marshall Rev. Intell. Prop. L. 185 (2007), Raymond P. Niro
Who Is Really Undermining The Patent System – “Patent Trolls” Or Congress?, 6 J. Marshall Rev. Intell. Prop. L. 185 (2007), Raymond P. Niro
UIC Review of Intellectual Property Law
“Patent troll” has entered the legal lexicon, stirring up heated debates over fundamental issues of patent rights. This article discusses the etymology of the term “patent troll” —from its beginnings as a deliberately derogatory term thrust forward as a defense to weaken the enforcement of patents against large corporations to its current manifestation as a call for patent reform. Interestingly, statistics show the “patent troll” problem is grossly overstated compared to the contentions of the corporate world. Moreover, enforcement of patents stimulates small business growth, innovation, and dissemination of knowledge to the public. This article suggests Congressional diversion of PTO …
The Federal Circuit's Inducement Conflict Resolution: The Flawed Foundation And Ignored Implications Of Dsu Medical, 6 J. Marshall Rev. Intell. Prop. L. 198 (2007), Eric L. Lane
UIC Review of Intellectual Property Law
After years of uncertainty regarding the level of intent required to prove liability for inducing patent infringement, the Federal Circuit, in DSU Medical Corp. v. JMS Co., finally endorsed the specific intent standard detailed in the court's Manville Sales Corp. v. Paramount Systems, Inc. decision. This article examines the ramifications of DSU Medical Corp., especially in relation to the opinion of counsel defense to willful infringement. This article argues that the Federal Circuit's reliance on Manville Sales and MGM Studios, Inc. v. Grokster was misplaced, and that the adoption of the specific intent standard results in an elevated importance of …
Toward A Pluralistic Theory On An Efficacious Patent Institution, 6 J. Marshall Rev. Intell. Prop. L. 220 (2007), Nari Lee
UIC Review of Intellectual Property Law
Time and time again, scholars have attempted to assess the efficacy of the intellectual property institution; these attempts have created a vast amount of literature. As impressive as the volume of work is that has been generated on this issue, so is the absence of a generally applicable theory of intellectual property, which either claims or disclaims the efficacy of the intellectual property institution. This article questions the existence of a general definition of efficiency that is applicable to the assessment of the patent institution. While it is true that the efficiency as applied to specific cases may be definable …
Post Saddam Restructuring Of Intellectual Property Rights In Iraq Through A Case Study Of Current Intellectual Property Practices In Lebanon, Egypt, And Jordan, 6 J. Marshall Rev. Intell. Prop. L. 250 (2007), Elizabeth Mirza Al-Dajani
Post Saddam Restructuring Of Intellectual Property Rights In Iraq Through A Case Study Of Current Intellectual Property Practices In Lebanon, Egypt, And Jordan, 6 J. Marshall Rev. Intell. Prop. L. 250 (2007), Elizabeth Mirza Al-Dajani
UIC Review of Intellectual Property Law
When the United States invaded Iraq in 2003, it did so with the ambitious goal to completely transform an isolationist government into an international democracy. The Coalition forces created laws designed to conform Iraq to international standards, including three Orders tracking the language of the WTO and its IP enforcement mechanism, the TRIPs Agreement. These standards, however, are often inapposite of unique cultural and religious beliefs of an Arab Middle Eastern country that views ideas, concepts, and knowledge as communal. This comment analyzes similarly situated countries in various stages of dealing with the transition and suggests affirmative steps to expedite …
Sarbanes-Oxley: A Dark Cloud Over Intellectual Property And Business, 6 J. Marshall Rev. Intell. Prop. L. 272 (2007), Matthew D. Goodstein
Sarbanes-Oxley: A Dark Cloud Over Intellectual Property And Business, 6 J. Marshall Rev. Intell. Prop. L. 272 (2007), Matthew D. Goodstein
UIC Review of Intellectual Property Law
The Sarbanes–Oxley Act seeks to improve corporate financial reporting and eliminate the frauds and improprieties that spurred the numerous accounting scandals. While Sarbanes–Oxley requires an immense amount of time and effort for compliance, the Act’s application to intellectual property is woefully lacking. This comment proposes that the proper remedy is increased definition within the language of the Act. Additionally, small businesses, whose activities have little effect on the financial markets, should be subject to fewer regulations within Sarbanes–Oxley. Without paring down ambiguous terms and limiting the scope of the Act, corporate officers are left in the dark about what constitutes …
Exculpatory Patent Opinions And Special Problems Regarding Waiver Of Privilege, 6 J. Marshall Rev. Intell. Prop. L. 313 (2007), William L. Lafuze, Matthew R. Rodgers, Michael A. Valek
Exculpatory Patent Opinions And Special Problems Regarding Waiver Of Privilege, 6 J. Marshall Rev. Intell. Prop. L. 313 (2007), William L. Lafuze, Matthew R. Rodgers, Michael A. Valek
UIC Review of Intellectual Property Law
When a patent owner alleges another infringed the patent, the owner inevitably also alleges that such infringement is willful. An accused infringer often defends a claim of willful infringement by asserting evidence that the accused infringer reasonably relied on the opinion of counsel. This article discusses the concept of willful infringement and the criteria necessary for an opinion of counsel to be deemed competent. Moreover, this article analyzes issues that arise as a consequence of using such patent opinions, with a special focus on attorney-client privilege and work-product immunity waiver. Finally the practical ways to minimize the problematic aspects of …
Valuation And Assessment Of Patents And Patent Portfolios Through Analytical Techniques, 6 J. Marshall Rev. Intell. Prop. L. 463 (2007), Michael S. Kramer
Valuation And Assessment Of Patents And Patent Portfolios Through Analytical Techniques, 6 J. Marshall Rev. Intell. Prop. L. 463 (2007), Michael S. Kramer
UIC Review of Intellectual Property Law
Patents today are essential assets for many companies, especially in high technology industries. Valuation of a patent is often essential in reaching an informed business decision on a matter involving technology. However, the inherent uniqueness of a patent typically makes value assessments complex, costly, and susceptible to inaccuracies. This article presents efficient and cost-effective analytical methods for valuing patents and patent portfolios.
A Memoir Of The First Chief Judge By The Fifth Chief Judge, 6 J. Marshall Rev. Intell. Prop. L. 310 (2007), Paul R. Michel
A Memoir Of The First Chief Judge By The Fifth Chief Judge, 6 J. Marshall Rev. Intell. Prop. L. 310 (2007), Paul R. Michel
UIC Review of Intellectual Property Law
No abstract provided.
A New Day Yesterday: Benefit As The Foundation And Limit Of Exclusive Rights In Patent Law, 6 J. Marshall Rev. Intell. Prop. L. 373 (2007), N. Scott Pierce
A New Day Yesterday: Benefit As The Foundation And Limit Of Exclusive Rights In Patent Law, 6 J. Marshall Rev. Intell. Prop. L. 373 (2007), N. Scott Pierce
UIC Review of Intellectual Property Law
The exclusive right afforded by patent protection to an inventor is in exchange for contribution to the public domain of an enabling disclosure of the subject matter claimed. The requirement of novelty and the prohibition against infringement are both based on statute, and linked in well-established judicial precedent as “that which infringes, if later, anticipates, if earlier.” See, e.g., Pairpearl Products, Inc. v. Joseph H. Meyer Bros., 58 F.2d 802 (D.C.D.M.S.D. 1932). Grant of a limited period of exclusivity to an inventor and interpretation of the scope of the right given in exchange for complete disclosure have engendered the judicial …
Issues Facing Legal Practitioners In Measuring Substantiality Of Contemporary Musical Expression, 6 J. Marshall Rev. Intell. Prop. L. 489 (2007), Alan Korn
UIC Review of Intellectual Property Law
Modern composers of jazz, avant-garde, hip-hop and world music increasingly rely upon unconventional sounds and advances in recording technology to create new and innovative musical works. As one might expect, courts now face the difficult challenge of applying traditional copyright analysis to these contemporary works to determine whether they embody protectable expression. This article highlights some of the issues specific to innovative musical works and the split among the U.S. Circuit Courts in how to measure the substantiality of these works. Copyright practitioners and composers alike should be aware of these challenges in evaluating the extent of copyright protection for …
A Two-Front Assault On The Stem Cell Patents, 6 J. Marshall Rev. Intell. Prop. L. 501 (2007), Dillon Beardsley
A Two-Front Assault On The Stem Cell Patents, 6 J. Marshall Rev. Intell. Prop. L. 501 (2007), Dillon Beardsley
UIC Review of Intellectual Property Law
The recent establishment of human embryonic stem cell lines has inspired a new revolution in therapeutic treatments and cures for injuries or disease. Individual states have begun to circumvent the lack of federal funding by independently raising monetary support for the research. The patentee, The Wisconsin Alumni Research Foundation, has reminded those hoping to benefit from the state funding that the Foundation will require royalties for the commercial use of its patented technology. The loss of state taxpayer money to the patent holder ignited a challenge on the patents themselves. Interest groups requested a reexamination of the stem cell patents …