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Articles 241 - 270 of 322
Full-Text Articles in Intellectual Property Law
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.
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.
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 …
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
Entrance Ramps, Tolls, And Express Lanes – Proposals For Decreasing Traffic Congestion In The Patent Office, Kristen Jakobsen Osenga
Entrance Ramps, Tolls, And Express Lanes – Proposals For Decreasing Traffic Congestion In The Patent Office, Kristen Jakobsen Osenga
Law Faculty Publications
This Article proposes implementing a multitier patent system by the creation of two additional "roads" or routes that a patent application may follow. Because many patents are not sought with the intention of pursuing the traditional patent reward of commercialization or profit through access control, that is, the exercise of the limited patent monopoly, there is no reason for every single application to follow the current route. The creation of an auxiliary, or "side road," would decrease crowding on the current patent grant highway while still allowing the nontraditional applications to enter and traverse the patent grant system with different …
When Does A Patent Right Become An Antitrust Wrong? Antitrust Liability For Refusals To Deal In Patented Goods, Aaron B. Rabinowitz
When Does A Patent Right Become An Antitrust Wrong? Antitrust Liability For Refusals To Deal In Patented Goods, Aaron B. Rabinowitz
Richmond Journal of Law & Technology
[T]he benefit even of limited monopolies is too doubtful to be opposed to that of their general suppression.At the border of intellectual property monopolies and antitrust markets lies a field of dissonance yet to be harmonized by statute or the Supreme Court.
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 …
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.
Patenting The Minotaur, Bratislav Stanković
Patenting The Minotaur, Bratislav Stanković
Richmond Journal of Law & Technology
Half man, half bull, the Minotaur was the most fearsome monster in Greek mythology. Human torso and bull’s head, its horns were sharp as knives, its great hooves could kick the life out the strongest of heroes, and its food was human flesh. Yet under the surface, the Minotaur’s myth was sad; his insatiable existence originated in jealousy and lust.
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.
Designer Discounter Infringes Trademark And Goes Unpunished: A Look At Gucci America, Inc. V. Daffy’S, Inc. And The Lanham Act, Sarah Cone
Richmond Journal of Law & Technology
Regardless of the quality, a knockoff handbag is still a knockoff. It was on this premise that Gucci America, Inc. filed suit against Daffy’s, Inc. for selling counterfeit Gucci handbags. Gucci alleged that Daffy’s violated its trademark protection under the Lanham Act. In the lawsuit, Gucci asserted that it was concerned about the possible confusion of consumers who purchased counterfeit “Jackie-O” handbags, believing them to be genuine Gucci products. Neither the district court nor the circuit court allowed Gucci relief against Daffy’s. This note examines how that decision fits within the Lanham Act.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar
Richmond Journal of Law & Technology
I hope you enjoy the second issue of Volume XI of the Richmond Journal of Law & Technology. The Editorial Board and Staff worked diligently with four outstanding authors to prepare this issue. We are proud to present timely articles by two professors, a practitioner, and the winner of the Journal’s staff casenote competition.
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.
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 …
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.
Patent Claim Interpretation And Information Costs, Christopher A. Cotropia
Patent Claim Interpretation And Information Costs, Christopher A. Cotropia
Law Faculty Publications
The concept of invention is crucial to patent law. Inventions of patentable quality are what the patent system is trying to encourage. In order to provide this incentive to produce such inventions, the patent system must provide protection for the invention. The problem the patent system runs into is that inventions are dijjicult to define-the dijjiculty stemming in part from the intangible nature of inventions. As a result, patent law encounters an information cost problem. Everyone in the patent system needs information about the invention, but the invention's intangibleness makes this information costly to produce, collect, and comprehend. Patent law …
Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia
Patent Claim Interpretation Methodologies And Their Claim Scope Paradigms, Christopher A. Cotropia
Law Faculty Publications
The optimal scope of patent protection is an issue with which patent system observers have struggled for decades. Various patent doctrines have been recognized as tools for creating specific patent scopes and, as a result, implementing specific patent theories. One area of patent law that has not been addressed in the discussion on patent scope and theories is patent claim interpretation. This omission is particularly noteworthy because of the substantive role patent claims and the interpretation thereof play in the patent system, namely the framing of questions of patent infringement and validity. This Article will explore the not-yet-discussed relationship between …
Re-Reifying Data, James Gibson
Re-Reifying Data, James Gibson
Law Faculty Publications
There's a war on between those who view digital technology as a reason to expand intellectual property law and those who oppose this expansion. One front in the war is technological: the pro-expansionists enclose their products in restrictive code, which the anti-expansionists circumvent and hack. A second is legislative: the pro-expansionists seek extended copyright duration, favorable changes to contract law, and other new legal entitlements, while the anti-expansionists lobby for the opposite. And a third front is a combination of the first two: it is technological. On this battlefield, the pro-expansionists use the law to fortify their technological protections. But …
The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan
The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan
University of Richmond Law Review
No abstract provided.
Counterclaims, The Well-Pleaded Complaint, And Federal Jurisdiction, Christopher A. Cotropia
Counterclaims, The Well-Pleaded Complaint, And Federal Jurisdiction, Christopher A. Cotropia
Law Faculty Publications
This Article proceeds as follows: Part I of the Article begins by laying the statutory and constitutional foundation of "arising under" jurisdiction. The current connection between "arising under" jurisdiction and federal question jurisdiction is discussed. Part I also fully sets forth the well-pleaded complaint rule, and discusses removal jurisdiction, which is governed by the concept of "arising under" jurisdiction. As necessary background to understanding the Court's reasoning in Holmes and why the case prompts a general discussion on federal jurisdiction implications, Part I concludes by defining a district court's jurisdiction over patent cases, the Federal Circuit's appellate jurisdiction over patent …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii
Richmond Journal of Law & Technology
On behalf of the 2003-2004 Editorial Board, it is my pleasure to welcome you to the fth and nal issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! This issue represents another “ first” for the Journal – the world’s first Annual Survey dedicated to e-Discovery law. For more information on this Issue, I invite you to read the Letter from the Annual Survey Editor and the article, A Topic Both Timelyand Timeless, prepared by Professor James Gibson.
An Analysis Of The Factors That Determine When And How To Resolve A Trademark Dispute, Thomas J. Speiss, Stephen M. Levine
An Analysis Of The Factors That Determine When And How To Resolve A Trademark Dispute, Thomas J. Speiss, Stephen M. Levine
Richmond Journal of Law & Technology
Business and war have one thing in common: strategy. “Never to be undertaken thoughtlessly or recklessly, [strategy is] to be preceded by measures designed to make it easy to” obtain the desired outcome. “A skilled general must be master of the complementary arts of simulation and dissimulation; while creating shapes to confuse and delude the [negotiating adversary] he conceals his true dispositions and ultimate intent.” His actions “are designed to entice the [adversary], to unbalance him, and to create a situation favourable for a decisive counter-stroke.”
An Introduction To Artificial Intelligence And Legal Reasoning: Using Xtalk To Model The Alien Tort Claims Act And Torture Victim Protection Act, Eric Allen Engle
An Introduction To Artificial Intelligence And Legal Reasoning: Using Xtalk To Model The Alien Tort Claims Act And Torture Victim Protection Act, Eric Allen Engle
Richmond Journal of Law & Technology
This paper presents an introduction to artificial intelligence for legal scholars and includes a computer program that determines the existence of jurisdiction, defences, and applicability of the Alien Tort Claims Act and Torture Victims Protection Act. The paper includes a discussion of the limits and implications of computer programming in formal representations of the law. Concluding that formalization of the law reveals implicit weaknesses in reductionist legal theories, this paper emphasizes the limitations in practice of such theories.
Learning From The Mistakes Of The Past: Disclosure Of Financial Conflicts Of Interest And Genetic Research, Christopher Jackson
Learning From The Mistakes Of The Past: Disclosure Of Financial Conflicts Of Interest And Genetic Research, Christopher Jackson
Richmond Journal of Law & Technology
“Every human being of adult years and sound mind has a right to determine what shall be done with his own body . . . .” From Benjamin Cardozo’s early expression of the principle of patient autonomy emerged the doctrine of informed consent, defined by both contract and fiduciary laws and elaborated upon by courts, state and federal legislatures, and professional associations. Later, as the world sought to reassemble itself following the horrors of World War II, the promulgation of the Nuremberg Code established an international standard for the treatment of human research subjects. The experiences of the Nazi atrocities, …
Arrgh! Hollywood Targets Internet Piracy, Anna E. Engelman, Dale A. Scott
Arrgh! Hollywood Targets Internet Piracy, Anna E. Engelman, Dale A. Scott
Richmond Journal of Law & Technology
As technology advances, the threat of rampant and unprecedented theft of digital media continues to grow. The music industry has already faced, and continues to face, this threat, but has largely failed in defending musicians’ intellectual property.
A Topic Both Timely And Timeless, James Gibson
A Topic Both Timely And Timeless, James Gibson
Richmond Journal of Law & Technology
The courtroom is the crucible of the law, where the fire of litigation tests the intellectual and political forces that inform social policy. Discovery - the process by which litigants identify and assemble their evidence - provides the fuel for the fire. Indeed, not long ago most of the evidence that the discovery process produced was, quite literally, flammable: boxes upon boxes of paper documents.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar
Richmond Journal of Law & Technology
On behalf of the Editorial Board and Staff, I would like to welcome you to Volume XI of the Richmond Journal of Law & Technology. As we look ahead to the coming year, and particularly to our tenth anniversary this April, we would like to thank you for your continued support. The Richmond Journal of Law & Technology would not be what it is today without quality submissions from practitioners, positive feedback from our readers, and the diligent efforts of so many who have worked to make the Journal a success over the past ten years. In this first issue, …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii
Richmond Journal of Law & Technology
On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the third issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! This issue includes three articles covering the AOL Instant Messenger restriction before the FCC, online alternative dispute resolution, and a proposal for regulating Internet gambling.
Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristen Jakobsen Osenga
Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristen Jakobsen Osenga
Law Faculty Publications
Reexamination was introduced as a mechanism for curing potentially invalid patents, as an antidote to the public's and the judiciary's lack of confidence in the PTO and the patent system in general. Instead of a curative fix, however, the reexamination provisions are more akin to a diseased or lame leg on the body of U.S. patent law. Reexamination fails to support the burden of public confidence it was intended to carry. It does not act in harmony with other limbs on the body of patent law or with other bodies of U.S. or foreign law. Over the years, Congress has …