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Articles 631 - 660 of 829
Full-Text Articles in Intellectual Property Law
Mickey Mouse & Sonny Bono Go To Court: The Copyright Term Extension Act And Its Effect On Current And Future Rights, 2 J. Marshall Rev. Intell. Prop. L. 95 (2002), Victoria A. Grzelak
Mickey Mouse & Sonny Bono Go To Court: The Copyright Term Extension Act And Its Effect On Current And Future Rights, 2 J. Marshall Rev. Intell. Prop. L. 95 (2002), Victoria A. Grzelak
UIC Review of Intellectual Property Law
No abstract provided.
Has The Reasonable Experimentation Doctrine Become Unreasonable?: Rethinking The Reasonable Experimentation Doctrine In Light Of Automated Experimental Techniques, 2 J. Marshall Rev. Intell. Prop. L. 116 (2002), Mark H. Hopkins
UIC Review of Intellectual Property Law
No abstract provided.
Federal Intellectual Property Law V. State Sovereignty: Can Congress Win?, 2 J. Marshall Rev. Intell. Prop. L. 159 (2002), Himanshu Vyas
Federal Intellectual Property Law V. State Sovereignty: Can Congress Win?, 2 J. Marshall Rev. Intell. Prop. L. 159 (2002), Himanshu Vyas
UIC Review of Intellectual Property Law
No abstract provided.
The Regulation Of New Media Broadcasting In Canada Post-Icravetv.Com, 19 J. Marshall J. Computer & Info. L. 331 (2001), Danistan Saverimuthu
The Regulation Of New Media Broadcasting In Canada Post-Icravetv.Com, 19 J. Marshall J. Computer & Info. L. 331 (2001), Danistan Saverimuthu
UIC John Marshall Journal of Information Technology & Privacy Law
Broadcasters in both the U.S. and Canada were perplexed when iCraveTV.com began intercepting American and Canadian television signals and began broadcasting them for free over the Internet. Broadcasters in Canada contend that these type of actions constitute a violation of section 3 of the Canadian Copyright Act. Provisions of section 31(2) of the Copyright Act appear to allow new media broadcasters to rebroadcast signals in return for paying a tariff, however, these criterion must be meet: the communication must be a retransmission of a local or distant signal, the transmission must be lawful under the Broadcasting Act, the signal must …
Internet Business Method Patents: The Federal Circuit Vacates The Preliminary Injunction In Amazon.Com V. Barnesandnoble.Com, 19 J. Marshall J. Computer & Info. L. 523 (2001), Sue Ann Mota
UIC John Marshall Journal of Information Technology & Privacy Law
This article is a casenote that examines the appellate decision in Amazon.com v. Barnesandnoble.com. The first section of the article reviews the history of business method patents and the precedent case of State St. Bank & Trust Co. v. Signature Fin. Group, Inc. The second section looks at the history of the Amazon.com case. The final section examines the major developments in business method patents since the Amazon.com case.
When A Patent Claim Is Broader Than The Disclosure: The Federal Circuit's Game Has No Rules, 1 J. Marshall Rev. Intell. Prop. L. 21 (2001), Robert L. Harmon
When A Patent Claim Is Broader Than The Disclosure: The Federal Circuit's Game Has No Rules, 1 J. Marshall Rev. Intell. Prop. L. 21 (2001), Robert L. Harmon
UIC Review of Intellectual Property Law
The Federal Circuit has become much less willing to enforce a claim that is broader than the specific embodiments described in the patent. Unfortunately, its decisions provide no guidelines for identifying such situations. Nor is the court consistent in its attacks on the problem. Sometimes it simply construes the claim as limited to the specific embodiment and finds no infringement. Sometimes it invalidates the claim for want of an adequate written description or for insufficient scope of enablement. It is suggested that a careful use of the reverse doctrine of equivalents would create stability and predictability with respect to this …
Patenting Industry Standards, 34 J. Marshall L. Rev. 897 (2001), Janice M. Mueller
Patenting Industry Standards, 34 J. Marshall L. Rev. 897 (2001), Janice M. Mueller
UIC Law Review
No abstract provided.
Dna Patentability: Shutting The Door To The Utility Requirement, 34 J. Marshall L. Rev. 973 (2001), Donald L. Zuhn Jr.
Dna Patentability: Shutting The Door To The Utility Requirement, 34 J. Marshall L. Rev. 973 (2001), Donald L. Zuhn Jr.
UIC Law Review
No abstract provided.
Trademark Product Appearance Features, United States And Foreign Protection Evolution: A Need For Clarification And Harmonization, 34 J. Marshall L. Rev. 947 (2001), William T. Fryer Iii
Trademark Product Appearance Features, United States And Foreign Protection Evolution: A Need For Clarification And Harmonization, 34 J. Marshall L. Rev. 947 (2001), William T. Fryer Iii
UIC Law Review
No abstract provided.
Computer-Aided Drug Design Using Patented Compounds: Infringement In Cyberspace?, 34 J. Marshall L. Rev. 1001 (2001), Ted L. Field
Computer-Aided Drug Design Using Patented Compounds: Infringement In Cyberspace?, 34 J. Marshall L. Rev. 1001 (2001), Ted L. Field
UIC Law Review
No abstract provided.
Icann't Use My Domain Name? The Real World Application Of Icann's Uniform Domain-Name Dispute Resolution Policy, 34 J. Marshall L. Rev. 1027 (2001), Karl Maersch
UIC Law Review
No abstract provided.
Judicial Review Of Icann Domain Name Dispute Decisions, 18 Santa Clara Computer & High Tech. L.J. 35 (2001), David E. Sorkin
Judicial Review Of Icann Domain Name Dispute Decisions, 18 Santa Clara Computer & High Tech. L.J. 35 (2001), David E. Sorkin
UIC Law Open Access Faculty Scholarship
No abstract provided.
Founding A New Journal In The Age Of Electronic Law, 1 J. Marshall Rev. Intell. Prop. L. 1 (2001), Paul R. Michel
Founding A New Journal In The Age Of Electronic Law, 1 J. Marshall Rev. Intell. Prop. L. 1 (2001), Paul R. Michel
UIC Review of Intellectual Property Law
No abstract provided.
At Sea In A Black Box: Charting A Clearer Course For Juries Through The Perilous Straits Of Patent Invalidity, 1 J. Marshall Rev. Intell. Prop. L. 3 (2001), Janice M. Mueller
At Sea In A Black Box: Charting A Clearer Course For Juries Through The Perilous Straits Of Patent Invalidity, 1 J. Marshall Rev. Intell. Prop. L. 3 (2001), Janice M. Mueller
UIC Review of Intellectual Property Law
When jurors decide whether a putative patent infringer is liable under the doctrine of equivalents, Federal Circuit law requires that the patent owner’s trial presentation provide “particularized evidence” and “linking argument” with respect to each prong of the classic tripartite test for liability (i.e., substantial identity of “function,” “way,” and “result” between each element of the claimed invention and accused device). The court has recognized that absent such evidentiary roadmapping, jurors are “put to sea without guiding charts.” In its August 2001 decision in Monsanto Co. v. Mycogen Plant Science, Inc., the Federal Circuit refused to extend this same evidentiary …
Remedies For Patent Infringement: A Comparative Study Of U.S. And Chinese Law, 1 J. Marshall Rev. Intell. Prop. L. 35 (2001), Guangliang Zhang
Remedies For Patent Infringement: A Comparative Study Of U.S. And Chinese Law, 1 J. Marshall Rev. Intell. Prop. L. 35 (2001), Guangliang Zhang
UIC Review of Intellectual Property Law
Compared with the long history of U.S. patent law, Chinese patent law is still in its infancy. Nevertheless, there are similarities between the two laws in terms of remedies available for patent infringement. Both provide injunctive relief, damages and provisional rights remedies. Nevertheless, in granting each remedy, there are some differences. China has made consistent efforts to upgrade its patent laws to provide patent owners with adequate remedies. However there is still large room for improvement in the standards for granting preliminary injunctions, and in determining lost profits and reasonable royalties. Additionally, the Supreme Court of China should reconsider the …
Festo: A Jurisprudential Test For The Supreme Court?, 1 J. Marshall Rev. Intell. Prop. L. 69 (2001), James E. Hopenfeld
Festo: A Jurisprudential Test For The Supreme Court?, 1 J. Marshall Rev. Intell. Prop. L. 69 (2001), James E. Hopenfeld
UIC Review of Intellectual Property Law
This article contends that the Federal Circuit's decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., now on review before the United States Supreme Court, is more than just a controversial patent case. Festo raises, in addition, important issues with respect to stare decisis and the power and authority of the Federal Circuit and appeals courts in general. The jurisprudential issues raised by Festo are revealed by an analysis of the different methods used by the Federal Circuit majority on one hand, and Judge Michel's dissent on the other, in applying Supreme Court precedent to reach a legal conclusion. …
The Uspto's New Utility Guidelines: Will They Be Enough To Secure Patent Protection In Biotech?, 1 J. Marshall Rev. Intell. Prop. L. 142 (2001), Anna E. Morrison
The Uspto's New Utility Guidelines: Will They Be Enough To Secure Patent Protection In Biotech?, 1 J. Marshall Rev. Intell. Prop. L. 142 (2001), Anna E. Morrison
UIC Review of Intellectual Property Law
This Comment examines the newly revised PTO utility examination guidelines for biotechnology patents. The race for patenting human genes is well underway. When complete sequences of human genes are found, researchers have been quick to seek patents. This “patent grab” has been driven less by the expectation that a particular gene sequence will result in production of a useful protein and more by the idea that enough patenting will create a protectable “haystack” in which one will find a few “genetic needles of value.” The new utility guidelines may not completely aid the underlying and fundamental policies on patenting. While …
Rock And Roll Royalties, Copyrights And Contracts Of Adhesion: Why Musicians May Be Chasing Waterfalls, 1 J. Marshall Rev. Intell. Prop. L. 163 (2001), Starr Nelson
UIC Review of Intellectual Property Law
Copyrights form the basis of every recording contract. When a recording artist signs his or her first recording contract, the artist retains the copyright in the musical work but transfers ownership of the sound recording to the record company. With respect to any subsequent recording contract, the artist is not on equal bargaining footing with the record company because the record company already owns certain copyrights in the previous recording. This Comment proposes that courts recognize this unequal bargaining power when construing what is, in effect, a contract of adhesion.
The California Gold Rush And The Model Rules: Do The Prospectors Have Sufficient Guidance?, 1 J. Marshall Rev. Intell. Prop. L. 109 (2001), Tony Goodman
UIC Review of Intellectual Property Law
The economic climate that existed in Silicon Valley in the mid to late 1990’s made prevalent the practice of receiving equity in a client in lieu of a legal fee, i.e. prospecting. This practice potentially impacts three of the Model Rules of Professional Conduct: 1.8(a), 1.7(b), and 1.5. None of these Rules gives the lawyer clear guidance in this situation. Because this arrangement has become an accepted alternative billing practice, this Comment proposes two amendments to the Model Rules to more clearly address the issues that arise when a lawyer accepts shares of stock in lieu of a legal fee.
The Inherent Limitations Doctrine: How The Specification May Inherently Limit The Scope Of The Claims, 1 J. Marshall Rev. Intell. Prop. L. 124 (2001), Adam G. Kelly
UIC Review of Intellectual Property Law
In several recent decisions, the United States Court of Appeals for the Federal Circuit has established that a patentee’s express words, as disclosed in the specification, may be read into the claims to limit the scope of the invention. In addition, the Federal Circuit in Scimed and Bell Atlantic has held that not only may a patentee explicitly limit a claim term in the specification, but she may also do so “by implication.” Thus, a specification may inherently limit the scope of a claimed invention constituting what the author calls the “inherent limitations doctrine.” This new wrinkle in claim interpretation …
The Erosion Of American Copyright Protection: The Fairness In Music Licensing Act, 18 J. Marshall J. Computer & Info. L. 791 (2000), Ralph Carter
UIC John Marshall Journal of Information Technology & Privacy Law
The author of this article begins by giving the reader a taste of the history of American copyright protection. A synopsis of the statutes, case history, and industry development are fully explained. Furthermore, the author criticizes the enactment of the Fairness in Music Licensing Act. The author further refutes arguments made by proponents of the Act and examines the underlying motives of restaurant lobbyists. This comment also shows the real victims of the Act's exemptions---the songwriters. The comment concludes by advocating the return of the "home use exemption" in the Copyright Act of 1976.
Service Provider Liability For Acts Committed By Users: What You Don't Know Can Hurt You, 18 J. Marshall J. Computer & Info. L. 591 (2000), Mitchell P. Goldstein
Service Provider Liability For Acts Committed By Users: What You Don't Know Can Hurt You, 18 J. Marshall J. Computer & Info. L. 591 (2000), Mitchell P. Goldstein
UIC John Marshall Journal of Information Technology & Privacy Law
This article probes into the liabilities that service providers may incur on the internet. Liabilities such as copyright infringement , pornography, and defamation are common sources of liability on the Internet. The author begins by discussing the different types of copyright infringement. These include direct infringement, contributory infringement, and vicarious liability. In response to these different types of infringements, Congress and the President signed the Digital Millennium Copyright Act, DMCA. The author next investigates the issue of pornography on the Internet by giving a case history of the development of obscene pornography. This section of the article is concluded with …
Halve The Baby: An Obvious Solution To The Troubling Use Of Trademarks As Metatags, 18 J. Marshall J. Computer & Info. L. 643 (2000), Dan Mccuaig
UIC John Marshall Journal of Information Technology & Privacy Law
In this article, the author proposes a solution to decide when metatags of other companies' trademarked terms should be allowed. First the author begins by describing the nature and function of metatags. A brief discussion of the relevant aspects of trademark law as they apply to trademark-metatags are fully investigated. The author then provides two significant cases in this field to support his contention. Following this discussion, the author proposes a solution to the use of trademark-metatags. Finally, the author ends this article with a discussion of anticipated market reactions to the "trademarks" metatag.
Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky
Riaa V. Napster: A Window Onto The Future Of Copyright Law In The Internet Age, 18 J. Marshall J. Computer & Info. L. 755 (2000), Ariel Berschadsky
UIC John Marshall Journal of Information Technology & Privacy Law
This article uses the Napster controversy as a stepping stone to discussing copyright law in the Internet age. Section II of the article discusses music piracy over the internet and MP3 files. Section III of the article discusses the birth of Napster and its functions. Section IV details the allegations against Napster by the RIAA. Section V. discusses Copyright Law in the digital age. Various forms of copyright infringement such as direct liability, contributory liability, vicarious liability are fully assessed. Furthermore, the author discusses the response of legislative efforts to emerging copyright challenges on the internet. Section VI examines Napter's …
Diana's Law, Celebrity And The Paparazzi: The Continuing Search For A Solution, 18 J. Marshall J. Computer & Info. L. 945 (2000), Richard J. Curry Jr.
Diana's Law, Celebrity And The Paparazzi: The Continuing Search For A Solution, 18 J. Marshall J. Computer & Info. L. 945 (2000), Richard J. Curry Jr.
UIC John Marshall Journal of Information Technology & Privacy Law
Celebrities and the media possess a unique relationship. Many celebrities skillfully use the media to market and advertise their movies, television shows, books, and records. They use the media to propel their careers and create a marketable celebrity image. Society is celebrity crazed and magazines, tabloids and other media forms such as Entertainment Tonight and Access Hollywood have combined to feed that craze. Our society's hunger for celebrities has spawned the existence of photographers known as the paparazzi. Armed with zoom lenses, high-powered microphones, and the promise of huge cash rewards for an exclusive celebrity expose, the paparazzi have become …
First, "Let's Kill All The Intellectual Property Lawyers!": Musings On The Decline And Fall Of The Intellectual Property Empire, 34 J. Marshall L. Rev. 851 (2001), Doris E. Long
UIC Law Review
No abstract provided.
The Role Of Patent Law In Poland's Transitioning Science And Technology Policy, And A Comparison With The Patent Laws Of The United States, 17 J. Marshall J. Computer & Info. L. 381 (1999), Edward H. Sikorski
UIC John Marshall Journal of Information Technology & Privacy Law
Poland is at a critical point in determining whether it will provide the type of intellectual property protection afforded in other countries. Based on its current programs, Poland clearly recognizes that it must improve its infrastructure. It is imperative for Poland to institute and develop new science and technology policies. As a result, Poland must pay attention to issues like privatization and intellectual property because newly privatized companies will lean on patents and other rights as footholds against their competitors. Poland must also address issues concerning physical access and communications and electronic access to the country. Poland's overall science and …
How Can Whelan V. Jaslow And Lotus V. Borland Both Be Right? Reexamining The Economics Of Computer Software Reuse, 17 J. Marshall J. Computer & Info. L. 511 (1999), Michael Risch
UIC John Marshall Journal of Information Technology & Privacy Law
The various circuit courts of appeal have been unable to agree on the appropriate method of determining when one computer program infringes the copyright in another computer program. This article traces the differences among the circuits, proposes a model to explain what courts are doing, asserts a set of factors that simplify the analysis of determining copyright infringement, and tests those factors against seemingly irreconcilable cases. Finally, the article applies the analysis to unresolved computer software issues of today in order to predict likely outcomes.
Yesterday's Love Letters Are Today's Best Sellers: Fair Use & The War Among Authors, 18 J. Marshall J. Computer & Info. L.141 (1999), Sonali R. Kolhatkar
Yesterday's Love Letters Are Today's Best Sellers: Fair Use & The War Among Authors, 18 J. Marshall J. Computer & Info. L.141 (1999), Sonali R. Kolhatkar
UIC John Marshall Journal of Information Technology & Privacy Law
This Comment will analyze how courts should interpret the four statutory factors in determining a fair use defense for once private documents, such as love letters, and how the courts need to add First Amendment and public policy concerns in deciding whether to allow the fair use. First, this Comment addresses the current definition of the fair use doctrine and its impact on unpublished works. This Comment will also address the need to create a new fair use defense test to include the First Amendment concerns of secondary authors who cannot create their works without the copyrighted information. Secondly, this …
Authors Stripped Of Their Electronic Rights In Tasini V. New York Times Co, 32 J. Marshall L. Rev. 409 (1999), Michael Spink
Authors Stripped Of Their Electronic Rights In Tasini V. New York Times Co, 32 J. Marshall L. Rev. 409 (1999), Michael Spink
UIC Law Review
No abstract provided.