Intellectual Property Law Commons^™

Evidence-Based Patent Damages, Taorui Guan

Georgia Journal of Law & Technology

No abstract provided.

Don't Go Breakin' My (3d Bioprinted) Heart: Dissecting Patentability And Regulation Of 3d Bioprinted Organs, Anna Marie Whitacre

Georgia Journal of Law & Technology

In light of the growing realism of 3D bioprinted organs, legal issues arising from these concerns can easily bleed into our society. This bleeding demands exploration. Should 3D bioprinted organs be regulated as natural organs or as medical devices? Are 3D bioprinted organs patentable? What happens if a 3D bioprinted organ is subject to a successful patent infringement suit? Does the recipient face a Repo Men fate?

The beginning of this note dissects the scientific underpinnings of 3D bioprinted organs. Part II explores statutory authority and controlling, or otherwise persuasive, case law that pertains to subject-matter patentability. Current rights associated …

Feeling Cute, Might [Have To] Delete Later: Defending Against The Modern Day Copyright Troll, Austin Joseph

Georgia Journal of Law & Technology

The age-old clash between celebrities and paparazzi has reached a new high. With the trend moving towards the monetization of social media, evolution in mobile camera technology, and lighting-fast sharing capabilities, the need for paparazzi decreases with each year. Because paparazzi want to remain desirable, the infamous conduct of “copyright trolling” is sweeping the intellectual property scene. “Copyright trolling” is the act of searching social media and suing multiple celebrities when the celebrity post a photo of themselves without first paying the licensing fee. Within this year alone, multiple celebrities like Rebel Wilson, Ariana Grande, and Liam Hemsworth have been …

Shockingly Evil: The Cruel Invasive Appropriation And Exploitation Of Victims' Rights Of Publicity In The True Crime Genre, Ashton Williams

Georgia Journal of Law & Technology

America's obsession with the true crime genre has evoked an explosion in volume and variety of recreations of the country's most prolific crimes. The never-ending re-enactments constantly barrage the victims and family members of those who suffered at the hands of the killers. The nightmare of the crimes they already endured never cease, as victims are forced to relive their worst torments via movies, television shows, and podcasts discussing the crimes. Producers and directors are currently free to appropriate and capitalize off of individuals' images without so much as a consultation. From dramatic depictions by actors to docuseries evaluations of …

"You Got Too Much Dip On Your Chip!" How Stagnant Copyright Law Is Stifling Creativity, Taylor Bussey

Georgia Journal of Law & Technology

Over time, our concept of what qualifies as an author has changed–specifically with the dominance of the internet. Tangentially, our idea of what it means to be a joint author has changed. What once would have required physical proximity now can be accomplished via the internet in a matter of seconds. Authors from all around the globe can collaborate. Geographic limitations present virtually no constraint on the number of individuals that can contribute to a work. Human creativity, however, has remained the same. When creating, authors naturally draw on their human experience. Without tailoring modern copyright law to modern trends …

The Economic Burdens Of Life: Trade Secrecy And The Insulin Pricing Crisis In The United States, Emily Hanson

Georgia Journal of Law & Technology

Approximately one in every ten Americans lives with diabetes, a condition that inhibits the body’s ability to regulate blood sugar. The majority of those with diabetes rely on insulin injections to control the condition and avoid the dire health consequences that can quickly result from insufficient insulin. The price of insulin has risen 700% in the past two decades, with burdensome if not disastrous consequences for individual patients and for public health more generally. Federal law provides a pathway for manufacturers of follow-on pharmaceuticals, including insulin, to obtain abbreviated approval from the FDA without repeating costly clinical trials by showing …

The Principles Of Esports Engagement: A Universal Code Of Conduct, Yen-Shyang Tseng

Georgia Journal of Law & Technology

Section I of this article provides a brief background of esports and the ESA. Section II states the four principles of esports engagement announced by the ESA. Section III applies these four principles by reviewing specific problems that have plagued the video game and esports industries, such as toxicity (especially towards women and other minorities), swatting, cheating, and other malicious behavior. This article concludes by discussing implementation of a universal code of conduct in esports based on the principles of esports engagement.

On Equipoise, Knowledge, And Speculation: A Unified Theory Of Pleading Under The Defend Trade Secrets Act -- Jurisdiction, Identification, Misappropriation, And Inevitable Disclosure, William Lynch Schaller

Georgia Journal of Law & Technology

No abstract provided.

Table Of Contents

Georgia Journal of Law & Technology

No abstract provided.

Hocus Pocus: The Magic Within Trade Secret Law, Marianna L. Markley

Georgia Journal of Law & Technology

This Note will discuss why trade secret law is the most appropriate form of IP protection for magicians seeking to protect their secrets. First it will discuss the background information on IP protections offered to magicians, specifically within copyright, patent, and trade secret law. After examining previous cases in which magicians have sought protection for their work using each of these different types of IP laws, it will then analyze why trade secret law is the best form of IP protection for magicians.

"Westerngeco" And The Patent Act: An Analysis Of The Patent Act And The Presumption Against Extraterritoriality, Samuel Tanner Lowe

Georgia Journal of Law & Technology

The goal of this Note will be to take up where the Court left off in WesternGeco LLC v. ION Geophysical Corp. and provide an adequate answer to the question of how the presumption against extraterritoriality affects patents. First, I will provide background on the history of patents, the presumption against extraterritoriality, and the WesternGeco LLC case. Next, I will contend that the Patent Act does not rebut the presumption against extraterritoriality. In light of this interpretation, I will argue that Congress should not rewrite the law so as to rebut the presumption because to do so would extend the …

It's Scandalous! -- Limiting Profane Trademark Registrations After "Tam" And "Brunetti", Gary Myers

Georgia Journal of Law & Technology

Over the course of the last two years, the Supreme Court has engaged in a long-overdue assessment of the constitutionality of federal trademark law prohibitions on the registration of offensive marks. In its unanimous 2017 decision in Matal v. Tam, the Court held that the disparagement clause is a content-based provision that violates the First Amendment. In 2019, the Court in Iancu v. Brunetti held that the refusal to register the mark “FUCT” on grounds that it was immoral or scandalous would also violate the First Amendment. These cases offered an opportunity for the Court to clarify the proper role …

Table Of Contents

Georgia Journal of Law & Technology

No abstract provided.

The Ip Of Ipas, Stephen Wolfson, Brian Roth, Chase Scott, Dustin Watts, Charles Hicks, Shivani Patel

Other Colloquium, Conferences, and Symposia

Hosted by the Journal of Intellectual Property Law, this panel brought Brian Roth (Southern Brewing Co.), Chase Scott (Taylor, Feil, Harper & Lumsden, P.C.), and Dustin Watts (Terrapin Beer Co.) together with Stephen Wolfson (Research & Copyright Services Librarian, UGA Law School) and students from the Journal of Intellectual Property Law to discuss how breweries are navigating intellectual property issues. Free koozies to commemorate the event were distributed.

Extraordinary Ideas Now Ordinary Income: Incentives Created By The Tax Cut And Jobs Act's New Treatment Of Self-Created Intellectual Property, Savannah Story

Georgia Journal of Law & Technology

No abstract provided.

Fighting The Faceless Foe Known As The Online Trademark Counterfeiter: Forum Shopping Tactics In The Digital Age, Chelsea R. Feagle

Georgia Journal of Law & Technology

This Note proceeds in two main parts. Part II provides a background for understanding trademark counterfeiting claims and remedies. It first examines the federal trademark protections alongside the state trademark protections and details the way in which they differ. Part II then breaks down the number of online trademark counterfeit cases filed in the United States and notes the percentage of those cases which are filed predominately in three federal district courts. Because it is difficult to comprehensively track this data, the principle import of the referenced statistical breakdown should be understood only as attempting to draw general conclusions from …

The Defend Trade Secrets Act And Foreign Theft: The Application Of The Act To Extraterritorial Misappropriation, John Dustin Hawkins

Georgia Journal of Law & Technology

This Note explores the evolution of federal trade secret law in the United States, particularly the enactment of the Defend Trade Secrets Act of 2016. Part II discusses the legislative history of the Act, as well as key provisions and definitions of the Act, which are critical when considering the DTSA's extraterritorial application. Additionally, this Note considers the tests used by courts to determine extraterritorial application in other areas of U.S. law. Part III explains why a uniformly-applied balancing test would best serve the courts in determining the extraterritorial application of the DTSA to reach foreign conduct.

The Eu Copyright Directive: "Fit For The Digital Age" Or Finishing It?, Andrew Tyner

Georgia Journal of Law & Technology

Since its proposal in 2016, the Directive of the European Parliament and of the Council on Copyright in the Digital Single Market ("the Directive" or "the Copyright Directive") has been controversial. While the Directive was rooted in good intentions, intended to "improv[e] the bargaining position ... and the control rightsholders have on the use of their copyright-protected content" in the digital space,' critics loudly proclaimed it as the death of the internet as we know it. Notable architects and pioneers of the Internet, including Tim Berners- Lee (inventor of the World Wide Web) and Jimmy Wales (founder of Wikipedia), penned …

The Ip Of Ipas: A Look Into Trademark Infringement In The Craft Beer Industry, Shivani Patel

Georgia Journal of Law & Technology

Alcohol isn't just a mind-altering drink: It has been a prime mover of human culture from the beginning, fueling the development of arts, language, and religion."' Alcohol production and consumption can be traced to civilizations dating back thousands of years all around the world, and it has become so essential to our society that experts have gone on to joke that humans should be called "Homo imbibens." Within the current alcohol industry, two essential qualities that are becoming more common are creativity and variety.

Alcohol has become a defining aspect of human culture and our sense of society. It has …

Who Owns The Law? Why We Must Restore Public Ownership Of Legal Publishing, Leslie A. Street, David R. Hansen

Georgia Journal of Law & Technology

Each state has its own method for officially publishing the law. This article looks at the history of legal publishing for the fifty states before looking at how legal publishing even in moving to electronic publishing may not ensure public access to the law. The article addresses barriers to free access to the law in electronic publishing including copyright, contract law, and potentially, the Computer Fraud and Abuse Act. The article concludes with prescriptions for how different actors, including state governments, publishers, libraries, and others can ensure robust public access to the law moving forward.

Table Of Contents

Georgia Journal of Law & Technology

No abstract provided.

U.S. Supreme Court I.P. Cases, 1810-2019: Measuring & Mapping The Citation Networks, Joseph S. Miller

Scholarly Works

Intellectual property law in the United States, though shaped by key statutes, has long been a common-law field to a great degree. Many decades of decisional law flesh out the meaning of broad-textured, sparely worded statutes. Given the key roles of patent law and copyright law, both federal, the Supreme Court of the United States is i.p. law’s leading apex court. What are the major topical currents in the Supreme Court’s i.p. cases, both now and over the course of the Court’s work? This study uses network-analysis tools to measure and map the entirety of the Court’s i.p. jurisprudence. It …

The Flavor Of Open Access Over Rice: Tech Transforms & Transmutes Ed, Rachel S. Evans

Articles, Chapters and Online Publications

Rachel Evans crafts a short history of Open Educational Resources and provides a list of tools and other sites for exploring and creating Open Access Textbooks and other materials. The post also recounts a recent Open Access event at UGA Law Library and compares the perils of generationally divided views on access to quality yet affordable education to the clash of tradition and modernity in a particular film The Flavor of Green Tea Over Rice. To close the piece she encourages members to participate in the recently shared ALL-SIS (Academic Law Libraries Special Interest Section) survey about Open Educational Resources …

Code Revision Commission V. Public.Resource.Org And The Fight Over Copyright Protection For Annotations And Commentary, David E. Shipley

Georgia Law Review

This Article analyzes Code Revision Commission v. Public.Resource.Org, a 2018 decision in which the U.S. Court of Appeals for the Eleventh Circuit applied the public edicts doctrine and held that Georgia’s copyright on the annotations, commentary, and analyses in the Official Code of Georgia Annotated is invalid. The U.S. Supreme Court granted Georgia’s Petition for a Writ of Certiorari on June 24, 2019. About a third of states claim copyright in the annotations to their codes, so the potential impact of this decision is substantial.

This Article’s thesis is that the Eleventh Circuit was wrong and should be reversed. It …

Diminishing Uncertainty In Software Patents: After The Supreme Court Denied Certiorari For Synopsys Inc. V. Mentor Graphics Corp., Kayla Hope Barnes

Georgia Journal of Law & Technology

There is currently a gap in United States' patent law that is threatening American innovation. The lack of predictability of the patent eligibility of new computer software has left many to wonder what the future holds for the industry. This idea is illustrated by the Global Intellectual Property Center's most recent patent protection rankings where, for the first time, the Global Intellectual Property Center ranked the United States tenth in patent protection tied with Hungary. To put this in perspective, the Center ranked the United States as the best country for patents in 2016. The 2017 report cites "uncertainty" in …

Protecting Blockchain Investments In A Patent Troll World, Kelli Spearman

Georgia Journal of Law & Technology

When blockchain technology was first introduced via the now-infamous Bitcoin in 2008, it was almost immediately recognized by the tech industry as being even more valuable (and certainly less volatile) than the cryptocurrency it embodied. The publicly distributed ledger known as the blockchain has created a frenzy that is continuing to grow as industries explore future adaptations of the technology. Following this explosion of cross-industry innovation, intellectual property issues naturally follow as early adaptors seek to capture the value of pioneering new blockchain technology. The rising popularity of the blockchain has created an intellectual property gold-rush as firms hoping to …

The Shifting Landscape Of Medicine: Patents Of Personalized Biologic Treatments And Their Potential Conflicts With Right-To-Try Laws, Johnson T. Laney

Georgia Journal of Law & Technology

The United States has gone back and forth over whether its citizens have a moral right to access potentially life sustaining or lifesaving treatment when they are terminally ill. Currently, forty-one states and the US Senate have passed "right to try" laws that permit terminally ill patients to have access to experimental treatments that have not yet received FDA approval. The United States has had a difficult time determining whether a patient has the right to refuse life-sustaining or lifesaving treatment because of fear that the patient is suicidal. The Supreme Court has addressed this problem and determined that the …

Hold Up: Digital Sampling, Copyright, Infringement, And Artist Credit Through The Lens Of Beyonce's "Lemonade", Spenser Clark

Georgia Journal of Law & Technology

No abstract provided.

Will You Have To Pay For The O.C.G.A.?: Copyrighting The Official Code Of Georgia Annotated, Elizabeth Holland

Georgia Journal of Law & Technology

In the 1970s, the Georgia General Assembly set out to perfect the organization of the laws of the state. The State worked with a publishing company to not only codify the statutory portions but also create additional annotations to explain the application of the law in practice. When enacting the code, the State merged the statutory portion with the annotations to create the Official Code of Georgia Annotated (O.C.G.A.). Georgia sought to retain the copyright in the O.C.G.A.

Years later, Carl Malamud and Public.Resource.Org, Inc. (Public Resource) challenged this construction. He alleged merging the statutory code with the annotated version …

Trademarks & The First Amendment After Matal V. Tam, Gary Myers

Georgia Journal of Law & Technology

The United States Supreme Court's unanimous ruling in Matal v. Tam is a landmark decision regarding the intersection between free speech and trademark law. Addressing whether trademarks can legitimately be barred from federal trademark protection under the Lanham Act based solely on their possible disparaging content, the litigation involving an Asian-American band that sought to register the name, "The Slants," brought this important interplay into stark relief. Writing in bold strokes, Justice Alito's opinion holds that the Lanham Act's prohibition on disparaging marks, 15 U.S.C. 51052(a), violates the Free Speech Clause of the First Amendment. "It offends a bedrock First …