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Articles 241 - 270 of 311
Full-Text Articles in Intellectual Property Law
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.
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.
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 …
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 …
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.
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.
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 …
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.
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.
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.
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, …
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.
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.
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 …
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.
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.”
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, …
How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck
How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck
Law Faculty Publications
In order to understand the nature of the rights asserted here, it is important to properly classify the Dewey Decimal lawsuit. To these ends, this article presents analysis aimed to better define its scope and legal framework. This is not an analysis of the merits of the claims, let alone a prediction as to the outcome. The issues are considered in the following three sections. In closing, I offer a lighthearted suggestion as to how this suit might be resolved outside of litigation or settlement.
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 …
Appealing A Rejection At The Patent Board Of Appeals: Analysis Of Recent Board Decisions And Non-Appeal Alternatives, Susan Perng Pan
Appealing A Rejection At The Patent Board Of Appeals: Analysis Of Recent Board Decisions And Non-Appeal Alternatives, Susan Perng Pan
Richmond Journal of Law & Technology
This article discusses the merits of appealing rejections to the Board of Patent Appeals in comparison to continued ex parte prosecution before the Examiner. The analysis takes into account recent decisions rendered by several patent panels and recent precedent of the Court of Appeals for the Federal Circuit. Recommendations are offered to place claims in better condition for appeal and for the types of arguments to be made, as well as to guard against potential pitfalls during prosecution.
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
University of Richmond Law Review
No abstract provided.
Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade
Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade
Richmond Journal of Law & Technology
Section 1 of the Sherman Act criminalizes any conspiracy to restrain trade or commerce within the United States or with foreign nations. Section 2 of the Sherman Act criminalizes any attempt to monopolize any part of trade or commerce within the Unites Stated or with foreign nations.
Sovereign Domains: A Declaration Of Independence Of Cctlds From Foreign Control, Kim G. Von Arx, Gregory R. Hagan
Sovereign Domains: A Declaration Of Independence Of Cctlds From Foreign Control, Kim G. Von Arx, Gregory R. Hagan
Richmond Journal of Law & Technology
In the year 2000, the Government Advisory Committee (“GAC”) of the Internet Corporation for Assigned Names and Numbers (“ICANN”) passed a set of principles that essentially claimed national sovereignty over country code top-level domains (“ccTLD”s) such as .us, .ca, .uk and .au. Shortly thereafter, ICANN redelegated several ccTLDs in accordance with new GAC principles. Despite the outcry accompanying the passage of these principles and ICANN’s self-professed adherence thereto, the entire exercise could easily be criticized as merely symbolic because of the overriding power of ICANN in the operation of the Domain Name System (“DNS”). Indeed, Stuart Lynn, ICANN’s current president, …
The Doctrine Of Equivalents And Prosecution History Estoppel: The Supreme Court Supports Flexibility Over Certainty In Patent Cases In Festo V. Smc, Sue Ann Mota
Richmond Journal of Law & Technology
The Congress shall have the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries.
In Search Of A Balance Between Police Power And Privacy In The Cybercrime Treaty, D.C. Kennedy
In Search Of A Balance Between Police Power And Privacy In The Cybercrime Treaty, D.C. Kennedy
Richmond Journal of Law & Technology
Imagine that you wake up one morning, turn on your computer, and open an e-mail message with a catchy phrase in the subject line. Immediately after opening the e-mail’s attachment, your personal computer is severely damaged. Obviously having a bad day, you head to your job as an attorney for a multinational corporation. By the time you arrive at work, there has been damage to company computers across the globe. The monetary costs of the damage, coupled with the downtime, are astronomical. The CEO of your company is furious. You hope to diffuse the situation by informing your boss that …
Better Patent Law For International Commitment - The Amendment Of Chinese Patent Law, Jiwen Chen
Better Patent Law For International Commitment - The Amendment Of Chinese Patent Law, Jiwen Chen
Richmond Journal of Global Law & Business
On August 25, 2000, the Chinese National People’s Congress (“NPC”) passed and amendment to the Chinese Patent Law. The Chinese Patent Law was enacted in 1984 and first amended in 1992. This second Amendment, in August of 2000, was made in anticipation of China’s accession to World Trade Organization (“WTO”) and in response to the need for protection of domestinc intellectual property rights.
Letter From The Editor, Paul A. Fritzinger
Letter From The Editor, Paul A. Fritzinger
Richmond Journal of Law & Technology
Over the last few years, the problems attendant to software licensing regulation have occupied an important position in the minds of legislators at the federal, state and local levels. In the early nineties, the National Conference of Commissioners for Uniform State Laws (NCCUSL) recognized the potential for licensing problems presented by the use of computer software in the national arena as well as on the Internet and saw a clear need for regulations that would transcend state boundaries. In 1999, as a result of years of planning and careful drafting, NCCUSL promulgated the Uniform Computer Information Transactions Act (UCITA) in …
An Overview Of The Virginia Ucita, Carlyle C. Ring Jr.
An Overview Of The Virginia Ucita, Carlyle C. Ring Jr.
Richmond Journal of Law & Technology
Virginia has taken a strong and important leadership in establishing rules for the Information Highway through the Joint Committee on Technology and Science (JCOTS) and Delegate Joe T. May. Without the Uniform Computer Information Transactions Act (UCITA) no established rules exist in common law for the Information Highway, which means that each judge must create the rules in each case as it arises. Every judge will make his own rules for the particular case. This results in great inconsistency and uncertainty adversely affecting the realization of the full potential of the Information Age economy. Governor Gilmore states: In 2000, Virginia …
Internet Service Provider's Liability For Copyright Infringement- How To Clear The Misty Indian Perspective, V.K. Unni
Richmond Journal of Law & Technology
Only a fool would question the role and relevance of Internet Service Providers in promoting the Internet. But, unfortunately, Internet Service Providers ("ISPs") are at the receiving end of many disputes involving Intellectual Property violations. The difficulty in pinpointing the real culprit has resulted in a piquant situation where the Internet Service Provider is often taken to court. United States' courts and courts of other advanced countries have confronted this issue since 1993 and have finally enacted specific legislation to solve this mind-boggling issue. The Indian Information Technology Act 2000 ("The Act"), enacted with much hype, is almost silent on …