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Articles 211 - 240 of 311
Full-Text Articles in Intellectual Property Law
Almost Quiet On The Copyright Front: Ebay’S False Alarm, Jetti Gibson
Almost Quiet On The Copyright Front: Ebay’S False Alarm, Jetti Gibson
Richmond Journal of Law & Technology
In the current digital millennium, intellectual property law is constantly besieged by new technologies, threatening various patent, trademark, and copyright protections. Though intellectual property law shields individual rights on the one hand, on the other hand the overarching purpose of this protection was not to espouse a regime of private ownership, but to imbue the Founders’ intent within a legal framework by “promot[ing] the Progress of Science and the useful Arts,” through “secur[ing] for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” The grant of a copyright was merely a means to serve …
Nonobviousness And The Federal Circuit: An Empirical Analysis Of Recent Case Law, Christopher A. Cotropia
Nonobviousness And The Federal Circuit: An Empirical Analysis Of Recent Case Law, Christopher A. Cotropia
Law Faculty Publications
This Article provides such an empirical study. The study examines all Federal Circuit cases over a four-year period considering the nonobviousness of a patent claim. Appeals from both patent infringement cases before district courts and pending patent applications and interferences before the United States Patent and Trademark Office (USPTO) are investigated. The study looks at the data in two levels of detail.
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet, Eugene Goryunov, Mark Polyakov
To Mark Or Not To Mark: Application Of The Patent Marking Statute To Websites And The Internet, Eugene Goryunov, Mark Polyakov
Richmond Journal of Law & Technology
Patentees, and persons making, offering for sale, or selling within the United States any patented article for or under them, or importing any patented article into the United States, may give notice to the public that the same is patented, either by fixing thereon the word "patent" or the abbreviation "pat.", together with the number of the patent, or when, from the character of the article, this can not be done, by fixing to it, or to the package wherein one or more of them is contained, a label containing a like notice. In the event of failure so to …
The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen
The “First-To-File” Patent System: Why Adoption Is Not An Option!, Rebecca C.E. Mcfadyen
Richmond Journal of Law & Technology
As the United States’ national pastime, baseball has taught valuable lessons to generations of Americans. For example, players often learn how to be good teammates, how to set goals, and how to exercise discipline. Baseball has other important life lessons to share as well such as the value of “chemistry.” Chemistry is that intangible quality that allows individual players, each with a differing skill set and personal agenda, to work together and propel the team forward. It is what makes a team, a team.
The Freedom Of Information Act And Trade Secrets, Roger V. Skalbeck
The Freedom Of Information Act And Trade Secrets, Roger V. Skalbeck
Law Faculty Publications
This article details a case illustration where federal law intersects with trade secret questions, a subject normally governed by state laws.
Accidental Rights, James Gibson
Accidental Rights, James Gibson
Law Faculty Publications
Written for the Yale Law Journal's online Pocket Part, this is a much shorter and (I hope) more accessible iteration of my earlier paper, Risk Aversion and Rights Accretion in Intellectual Property Law, 116 Yale L.J. 882 (2007). It summarizes that paper's central point - i.e., that intellectual property entitlements are growing not just because of expansive court decisions and legislative enactments, but also because of seemingly sensible, risk-averse licensing decisions that inadvertently feed back into legal doctrine - and then explores how this phenomenon might apply to (and be manipulated by) enterprises such as Google Book Search.
Rembrandts In The Research Lab: Why Universities Should Take A Lesson From Big Business To Increase Innovation, Kristen Jakobsen Osenga
Rembrandts In The Research Lab: Why Universities Should Take A Lesson From Big Business To Increase Innovation, Kristen Jakobsen Osenga
Law Faculty Publications
In this Article, I argue that patents, if obtained and exploited strategically, can have a beneficial effect on university research. I will describe the barriers to university participation in the patent arena-that is, lack of money, lack of knowledge, lack of infrastructure, and cultural concerns-and explain, with reference to business, how and why universities need to overcome these barriers. By breaking down these barriers and ably exploiting their intellectual property, I argue that the obstacles to university research will be lessened, resulting in increased research and innovation. I further provide a primer to provide university administrators, technology transfer offices, and …
Ants, Elephant Guns, And Statutory Subject Matter, Kristen Jakobsen Osenga
Ants, Elephant Guns, And Statutory Subject Matter, Kristen Jakobsen Osenga
Law Faculty Publications
Questions about whether software qualifies for patent protection are becoming increasingly more prevalent, despite the fact the issue seemed settled. The Supreme Court has indicated its interest in the topic and the U.S. Patent and Trademark Office-which had previously been liberally issuing patents in the computer-related arts-now appears to be leading the groundswell against the subject-matter eligibility of these inventions, rejecting an increasing number of applications in this area for lack of statutory subject matter. Despite the broad definitions of patentable subject matter provided by the Constitution, Patent Act, and Supreme Court, the Patent Office has grafted various additional requirements …
Parallel Trade, Unparallel Laws: An Examination Of The Pharmaceutical Parallel Trade Laws Of The United States, The European Union And The World Trade Organization, Julia A. Moore
Richmond Journal of Global Law & Business
No abstract provided.
Plagiarism In Cyberspace: Learning The Rules Of Recycling Content With A View Towards Nurturing Academic Trust In An Electronic World, Deborah R. Gerhardt
Plagiarism In Cyberspace: Learning The Rules Of Recycling Content With A View Towards Nurturing Academic Trust In An Electronic World, Deborah R. Gerhardt
Richmond Journal of Law & Technology
Plagiarism is an issue of trust. If we respect honor codes, we gain the comfort of knowing that what we read is spoken in the voice of the author and what we write will not be misrepresented as someone else’s original work. Are these simple comforts anachronistic? Perhaps. Acts of plagiarism among students are on the rise, and recently, a series of famous academics, historians, journalists, and even a Tony-award nominated playwright have been accused of plagiarism. If our academic communities hope to reverse this trend, we must reflect on how and why plagiarism occurs and what we can do …
A Duty Everlasting: The Perils Of Applying Traditional Doctrines Of Spoliation To Electronic Discovery, Michael R. Nelson, Mark H. Rosenberg
A Duty Everlasting: The Perils Of Applying Traditional Doctrines Of Spoliation To Electronic Discovery, Michael R. Nelson, Mark H. Rosenberg
Richmond Journal of Law & Technology
Amendments to the Federal Rules of Civil Procedure regarding electronic discovery are expected to take effect on December 1, 2006. These amendments are designed to alleviate the burden, expense and uncertainty that has resulted from the application of traditional discovery principles in the electronic age. These principles worked well in an era where discovery was primarily limited to the production of paper documentation, but have proved unworkable when applied to the discovery of electronic data, particularly in the “corporate world,” where even the most routine business discussions are captured in electronic format.5
Teaching A Man To Fish: Why National Legislation Anchored In Notice And Consent Provisions Is The Most Effective Solution To The Spyware Problem, M. Angela Buenaventura
Teaching A Man To Fish: Why National Legislation Anchored In Notice And Consent Provisions Is The Most Effective Solution To The Spyware Problem, M. Angela Buenaventura
Richmond Journal of Law & Technology
The term “spyware” encompasses a wide range of software designed to intercept or take partial control of a computer. Spyware slows down computers and forces computer users to expend resources on repair and installation of protective software. Consumers also face the danger that personal information gathered through spyware will be misused. Thus, most people agree that spyware is an annoying and costly problem. However, there is no consensus on the best way to solve the spyware problem. This article examines the methods currently being used to battle spyware, as well as proposed national spyware legislation. The article outlines the various …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its second issue of the 2006–2007 academic school year. The Journal staff has worked diligently during the first half of the year to produce an exceptional issue.
Faulkner V. National Geographic’S Effect On Author's Rights In Electronic Transfer, Allison Hundstad
Faulkner V. National Geographic’S Effect On Author's Rights In Electronic Transfer, Allison Hundstad
Richmond Journal of Law & Technology
Technological advances have triggered constant evolution in copyright law. As the Internet and computers have allowed images and written works to be available with the click of a button, Congress and the courts have been faced with the task of reshaping copyright law in order to determine the digital rights of material that already has copyright protection in its print form, with the goal of reducing the uncertainty surrounding the ownership of the right to reproduce these materials in a digital format.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Richmond Journal of Law & Technology
Welcome to the fourth issue and final of the Richmond Journal of Law & Technology for the 2005-2006 academic year. Volume 12, Issue 4 is the second publication of the Journal’s Annual Survey on Electronic Discovery. The topic of Electronic Discovery is particularly relevant considering the impending applicability of the proposed amendments to the Federal Rules of Civil Procedure. The Annual Survey Editor has worked extensively to bring together different commentary on Electronic Discovery.
Linguistics And Claim Construction, Kristen Jakobsen Osenga
Linguistics And Claim Construction, Kristen Jakobsen Osenga
Law Faculty Publications
This Article argues that patent claim construction should instead track the way in which we, as readers of a language, attempt to understand what is being conveyed via the written word. First, there is a base level of conventional understanding from which all interpretation starts, an understanding that either a priori exists based on our earlier encounters with the word or is obtained from a dictionary in cases in which we lack previous knowledge. Second, from this conventional understanding, we construct the actual meaning of the term based on a number of linguistic clues. These clues are both internal and …
Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia
Patent Law Viewed Through An Evidentiary Lens: The "Suggestion Test" As A Rule Of Evidence, Christopher A. Cotropia
Law Faculty Publications
The Federal Circuit's recent nonobviousness jurisprudence has been the subject of much criticism. Reports from the Federal Trade Commission and the National Research Council and a pending petition for certiorari to the Supreme Court all conclude that the Federal Circuit has improperly relaxed the nonobviousness standard. Most of this criticism focuses on the Federal Circuit's implementation of part of the nonobviousness inquiry - the suggestion test. The suggestion test queries whether a suggestion to make the invention existed before the invention's creation. The Federal Circuit allegedly requires a suggestion to come solely from prior art references. The court ignores other …
Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom
Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom
Richmond Journal of Law & Technology
With technology, everything just comes faster, smarter, and meaner. But the basics remain the same.
How Does My Work Become Our Work? Dilution Of Authorship In Scientific Papers, And The Need For The Academy To Obey Copyright Law, Sean B. Seymore
How Does My Work Become Our Work? Dilution Of Authorship In Scientific Papers, And The Need For The Academy To Obey Copyright Law, Sean B. Seymore
Richmond Journal of Law & Technology
Professors enjoy a world of extensive institutional autonomy and individual academic freedom. Universities and courts defer to a professor’s judgment for “genuinely academic decisions” unless they depart from academic norms. Universities, courts, and professional societies should intervene, however, when academic norms and custom do not comport with the law.
On International Trademark And The Internet: The Lanham Act’S Long Arms, Joshua Clowers
On International Trademark And The Internet: The Lanham Act’S Long Arms, Joshua Clowers
Richmond Journal of Law & Technology
Trademarks tie a face to a product. The face is often a name or symbol, but it can also be something like a sound, a smell or even a “look.” They exist for the benefit of both the trademark owner/producer and the consumer. The purpose of a trademark, traditionally, has been to protect against the confusion of consumers when selecting products or services. Yet, a trademark’s functionality is not limited to preventing confusion. Other uses include both preserving the goodwill of the consumer for the mark owner and preventing the “diversion of trade through commercial misrepresentations.”
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Richmond Journal of Law & Technology
Welcome to the third issue of the Richmond Journal of Law & Technology for the 2005-2006 academic year. Volume 12, Issue 3 deals with contemporary issues of law and technology involving privacy, academics, and healthcare.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Jon S. Player
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology (“JOLT”) is proud to present the first issue of the 2006 -2007 academic year. Volume 13, Issue 1 is the product of the Journal’s Third Annual Student Writing Competition, held in the spring semester of 2006. As always, the student writing competition focuses on emerging issues in the field of technology and the law. This year’s issue holds special significance to JOLT’s staff, as it was made possible by the generous donation of Mr. Richard Klau. His contribution to our publication will allow us to recognize the brightest student minds in the legal …
Once And Future Copyright, James Gibson
Once And Future Copyright, James Gibson
Law Faculty Publications
Copyright is like a well-meaning but ultimately bothersome friend, eager to help but nearly impossible to get rid of. It attaches indiscriminately to the simplest acts of expression, without regard for whether the author needs or wants its protection. This automatic propertization made sense in the print era, when mass distribution of information was an expensive process rarely undertaken by those with no plans to profit from their creativity. It makes little sense today. The following article shows that copyright's overly solicitous nature is the source of several seemingly unrelated and intractable problems - e.g., closed code, copyright as censorship, …
Google's (Fair) Use Of Copyrighted Work, James Gibson
Google's (Fair) Use Of Copyrighted Work, James Gibson
Law Faculty Publications
Letters to the Editor on Google's (Fair) Use of Copyrighted Work
Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah
Problems With Sharing The Pirates’ Booty: An Analysis Of Trips, The Copyright Divide Between The United States And China & Two Potential Solutions, Manesh Jiten Shah
Richmond Journal of Global Law & Business
No abstract provided.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Richmond Journal of Law & Technology
It is my pleasure on behalf of the Staff and Editorial Board of the Richmond Journal of Law & Technology to introduce the first issue of the 2005-2006 academic year. The Journal is proud to present four articles dealing with a range of relevant topics.
Ready, Set, Mark Your Patented Software!, John Labarre, Xavier Gómez-Velasco
Ready, Set, Mark Your Patented Software!, John Labarre, Xavier Gómez-Velasco
Richmond Journal of Law & Technology
The question of whether software programs embodying patented processes need to be marked in accordance with the marking requirement as set forth under 35 U.S.C. § 287 is an unanswered issue. This article first analyzes the marking requirement in the United States patent system and then goes on to survey the rocky history of patents on software innovations. After noting that neither the Supreme Court nor the Federal Circuit has directly decided the issue of the applicability of the Marking Statute to software programs, the article analyzes recent federal district court and Federal Circuit cases, ultimately reasoning that the Federal …
State Of The Art(S): Protecting Publishers Or Promoting Progress?, Thomas A. Mitchell
State Of The Art(S): Protecting Publishers Or Promoting Progress?, Thomas A. Mitchell
Richmond Journal of Law & Technology
The Framers guarded against the future accumulation of monopoly power in booksellers and publishers by authorizing Congress to vest copyrights only in ‘Authors.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Neal H. Lewis
Richmond Journal of Law & Technology
Welcome to the second issue of the Richmond Journal of Law & Technology for the 2005-2006 academic year. The Staff and Editorial Board of the Journal have spent considerable time preparing this issue for publication, endeavoring to continue the legal discourse on a range of topics. Volume 12, Issue 2 addresses four distinct areas of law.
Radio Frequency Identification: Legal Aspects, Reuven R. Levary, David Thompson, Kristen Kot, Julie Brothers
Radio Frequency Identification: Legal Aspects, Reuven R. Levary, David Thompson, Kristen Kot, Julie Brothers
Richmond Journal of Law & Technology
Radio frequency identification (RFID) is a wireless technology that identifies objects without having either contact or sight of them. Unlike optically read technologies such bar codes, RFID tags can be read despite fog, ice, snow, paint or widely fluctuating temperatures. Additionally, RFID can identify moving objects. Data in an RFID tag is stored in an integrated circuit, and sent to the reader via an antenna. An RFID reader is essentially a radio frequency receiver controlled by a microprocessor or digital signal processor. The reader uses an attached antenna to capture the data transmitted from the tag and sends the information …