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Articles 271 - 300 of 322

Full-Text Articles in Intellectual Property Law

How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck Jan 2003

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.


Appealing A Rejection At The Patent Board Of Appeals: Analysis Of Recent Board Decisions And Non-Appeal Alternatives, Susan Perng Pan Jan 2003

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 Nov 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2002

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 Jan 2001

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.


Post Markman: Claim Construction Trends In The Federal Circuit, Daniel J. Melman Jan 2001

Post Markman: Claim Construction Trends In The Federal Circuit, Daniel J. Melman

Richmond Journal of Law & Technology

The strength of a patent as a legal instrument to protect an invention rests primarily on the drafting quality of its claims. The claims of a patent recite the invention "that is deemed by [the] applicant to be operable and patentable." Furthermore, the claims define the legal metes and bounds of an invention so that a patent owner can prevent others from making, using, and selling a patented product in the United States for a period of twenty years from the filing of the patent application. The Supreme Court has long held that a patent's claim, more so than any …


Letter From The Editor, Paul A. Fritzinger Jan 2001

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 …


Internet Service Provider's Liability For Copyright Infringement- How To Clear The Misty Indian Perspective, V.K. Unni Jan 2001

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 …


International Protection Of The United States Trademarks: A Survey Of Major International Treaties, E. Brooke Brinkerhoff Jan 2001

International Protection Of The United States Trademarks: A Survey Of Major International Treaties, E. Brooke Brinkerhoff

Richmond Journal of Global Law & Business

Globalization of the world has forced the evolution of international norms. Never before has the world been able to communicate so quickly across borders. Instantaneous global communication-the ability to send and receive not just e-mail messages, but documents, videos, and software-enables this instant communication.


An Overview Of The Virginia Ucita, Carlyle C. Ring Jr. Jan 2001

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 …


Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono Jan 2000

Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono

Richmond Journal of Law & Technology

Any online service provider ("OSP"), including a website operator, that accepts user postings or includes content from other parties on its website or online service is at risk that it will be held liable if such third-party content infringes the copyright of another party. Liability for copyright infringement is an expensive proposition and can run into the millions of dollars. Thus, an OSP must be vigilant in limiting its potential liability in connection with such third-party content.


Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor Jan 2000

Praying For Relief: The Impact Of Secular Organizations On Internet And Trademark Law, Ramona Leigh Taylor

Richmond Journal of Law & Technology

"The creation and rapid growth of the Internet have been 'hailed' [as] one of the greatest technological advances in recent history,” remarked one scholar of Internet law and jurisdiction. The Ninth Circuit Court of Appeals characterizes the Internet as "a global network of interconnected computers allow[ing] individuals and organizations around the world to communicate with one another." It is, therefore, not surprising that the Internet impacts every aspect of our daily lives. The Web is the fastest growing part of the Internet, and thus, an important mechanism for commerce. Authors Joseph Zammit and Lynette Herscha explain, "[t]he rapid growth in …


Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii Jan 2000

Administrative Procedure Act Standards Governing Judicial Review Of Findings Of Fact Made By The Patent And Trademark Office, Peter J. Corcoran Iii

Richmond Journal of Law & Technology

The United States Patent and Trademark Office (the "PTO") is one of the oldest agencies in the American administrative system. Throughout the history of the United States Court of Appeals for the Federal Circuit ("Federal Circuit") and its predecessor courts, the factual decisions of the PTO administrative boards have been reviewed by the same standard that is applied to decisions of district courts. The standard that has been used is the "clearly erroneous" standard, and its use to review PTO decisions dates back over one hundred years.


Letter From The Editor, Dharmesh Vashee Jan 2000

Letter From The Editor, Dharmesh Vashee

Richmond Journal of Law & Technology

Welcome to the second issue of The Richmond Journal of Law and Technology's seventh publication term. As we near the halfway point of this term, the Journal is stronger than ever. Our continued growth and success is due in large part to the dedication of our staff and Editorial Board. This year we will publish four issues and will hold a symposium on the soon-to-be-enacted Uniform Computer Information Transactions Act ("UCITA"). The symposium will be held on March 2, 2001. Registration for and information on the symposium will be available on our website soon.


Business Method Patents, John J. Love Jan 2000

Business Method Patents, John J. Love

Richmond Journal of Law & Technology

Good morning, it's a pleasure to be here alive. We just participated in the daily road race from Washington to Richmond that many of you do every day. The first question I've been asked to deal with is why do we have patents? Of course we're very proud of fact that the PTO's origins date back the Constitution itself. In Article I Section 8 of the Constitution, the framers specifically gave Congress the power to grant inventors, for a limited time, the exclusive right to their inventions. So this is not a product of the industrial revolution but dates back …


Why Urofsky V. Gilmore Still Fails To Satisfy, Michael D. Hancock Jan 2000

Why Urofsky V. Gilmore Still Fails To Satisfy, Michael D. Hancock

Richmond Journal of Law & Technology

The United States Court of Appeals for the Fourth Circuit appears to have adopted the rule that any speech uttered by a governmental employee, in the course of performing the work for which the employee was hired, is per se not a "matter of public concern." A majority of the court relies on its holdings in DiMeglio v. Haines and Boring v. Buncombe Co. Bd. of Educ. for that proposition. That fact was evident in questioning from the en banc panel of the Fourth Circuit during its rehearing of Urofsky v. Gilmore on October 25, 1999. At issue was the …


Letter From The Editor, Lisa Taylor Hudson Jan 2000

Letter From The Editor, Lisa Taylor Hudson

Richmond Journal of Law & Technology

Welcome to the fourth issue of The Richmond Journal of Law & Technology. By now, we have all emerged from the "Y2K Crisis" unscathed. In fact, for many, the advent of the new year and new millennium was utterly uneventful technologically. However, this new year is not without its own fanfare for The Journal, for 2000 marks the first time this law review has published a fourth issue in a single academic term. Furthermore, we are even entrenched in the publication process for a fifth issue already. We continue to work hard to produce these timely, insightful, and scholarly publications, …


Letter From The Editor, Lisa Taylor Hudson, Dharmesh S. Vashee Jan 2000

Letter From The Editor, Lisa Taylor Hudson, Dharmesh S. Vashee

Richmond Journal of Law & Technology

Welcome to the fifth issue of The Richmond Journal of Law & Technology! This issue represents a watershed experience for JOLT, as this is the first time we have published more than three issues in a single year! The timing of this issue's publication is also significant because on April 5, 2000, we will celebrate the fifth birthday of our journal. As the oldest exclusively online law review in the U.S., we continue to enjoy our leadership role in the publication of academic pieces dedicated to the marriage of law and technology.


Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills Jan 2000

Metatags: Seeking To Evade User Detection And The Lanham Act, Terrell W. Mills

Richmond Journal of Law & Technology

You hop on the World Wide Web ready to do some Internet surfing. You decide to check the scores from last night's football game. You head to your favorite search engine and then pause . . . "where will the scores be" you ask yourself. You decide upon ESPN, because you know they have it all when it comes to sports. So, you type in ESPN and click on the "SEARCH" button. You eagerly await the return of the results to head out to the ESPN homepage to find out if your alma mater beat the in-state rival in the …


Opening Up To Open Source, Shawn W. Parker Jan 2000

Opening Up To Open Source, Shawn W. Parker

Richmond Journal of Law & Technology

The latest "revolution" in the software industry has nothing to do with breakthrough technology; the revolution is a rethinking of how software technology is held, developed, and distributed. The revolution is called "open source," although it has also been called "freeware," and "copyleft." Each term generically describes the movement, yet implies wildly different ideas to the developers, distributors, and users inside the open source community. Open source is not a company, but rather, a community; projects are established and programmers communicate and contribute software building blocks to each other via the Internet. When a software program is completed by this …


Update: Riaa V. Diamond Multimedia Systems - Napster And Mp3.Com, Jayne A. Pemberton A. Pemberton Jan 2000

Update: Riaa V. Diamond Multimedia Systems - Napster And Mp3.Com, Jayne A. Pemberton A. Pemberton

Richmond Journal of Law & Technology

After the Recording Industry Association of America's ("RIAA") attack on the Diamond Rio proved unsuccessful, the music industry turned its attention to the companies enabling reproduction of copyrighted music. Two important cases appeared after the United States Court of Appeals for the Ninth Circuit held that Diamond Rio was not infringing on copyrights. These cases, A&M Records, Inc. et al. v. Napster, Inc. and UMG, Inc., et. al. v. MP3.com, Inc., will shape computer technology's effect on American copyright law. This update will discuss these two cases and give brief overviews of the courts' findings and conclusions. These findings will …


Ucita: The Uniform Computer Information Transactions Act, Michael J. Lockerby Jan 2000

Ucita: The Uniform Computer Information Transactions Act, Michael J. Lockerby

Richmond Journal of Law & Technology

From the heated rhetoric of both proponents and opponents of UCITA, one would think that UCITA represented a radical change from current law. From the standpoint of this practitioner, however, UCITA represents more of an evolutionary than a revolutionary change in the law. In at least three critical areas, the enforceability of "paperless contracts," dispute resolution, and "self-help" remedies, UCITA is arguably consistent with current law or at least the trend of current law. Indeed, the main inconsistency between UCITA and current law is that current law is at times inconsistent. From the standpoint of most businesses, certainty is preferable …


The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee Jan 2000

The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee

Richmond Journal of Law & Technology

Web surfers who use the AltaVista Internet search engine may not realize that in 1998, Compaq Computer Corporation paid $3.3 million for the rights to the domain name AltaVista.com. A year later, eCompanies paid $7.5 million for the domain name business.com. And in February of 2000, Bank of America paid $3 million for the domain name loans.com. These transactions demonstrate that the ownership, transfer, and control of Internet domain names is a multi-million dollar industry.


The Uniform Computer Information Transactions Act (Ucita): Still Not Ready For Prime Time, James S. Heller Jan 2000

The Uniform Computer Information Transactions Act (Ucita): Still Not Ready For Prime Time, James S. Heller

Richmond Journal of Law & Technology

In July, 1999, the General Counsels, Vice Presidents, and other senior officers of major information industry technology companies (including Adobe Systems, Intuit, Silver Platter, Lotus, and Microsoft) wrote to the National Conference of Commissioners on Uniform State Laws (NCCUSL) urging adoption of the Uniform Computer Information Transactions Act (UCITA) at the then imminent NCCUSL meeting in Denver. The executives supported the adoption of UCITA because it is true to three commercial principles: commerce should be free to flourish in the electronic age, rules should support use of new (in this case electronic) technologies, and marketplace forces should determine the form …


Musical Works Performance And The Internet: A Discordance Of Old And New Copyright Rules, Stephanie Haun Jan 1999

Musical Works Performance And The Internet: A Discordance Of Old And New Copyright Rules, Stephanie Haun

Richmond Journal of Law & Technology

I feel strongly that the great fundamentals should be discussed more in all public meetings, and also in meetings of schools and colleges. Not only the students[,] but also the faculty should get down to more thinking and action about the great problems[,] which concern all countries and all peoples in the world today, and not let the politicians do it all and have the whole say. I have often been told that it is not the function of music (or a concert) to concern itself with matters like these. But I do not[,] by any means agree. I think …


A World Wide Web Of Potential Franchise Law Violations, Michael J. Lockerby Jan 1999

A World Wide Web Of Potential Franchise Law Violations, Michael J. Lockerby

Richmond Journal of Law & Technology

Franchising -- whereby independent entrepreneurs are licensed to provide goods and services of uniform quality (hopefully) under their licensor's trademarks -- has long been the predominant method of distributing goods and services in the U.S. Time will tell how many suppliers use the Internet to "cut out the middleman", and instead, sell goods and services directly to the ultimate consumer. While franchising so far appears to be safe from the Internet, the Internet may not be safe from franchising -- or, perhaps more accurately, from the world wide web of laws that govern franchising. The explosive growth of Internet commerce …


Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood Jan 1999

Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood

Richmond Journal of Law & Technology

The World Wide Web has experienced rapid growth during the 1990s, with millions of publishers adding diverse opinions, objectives and page content. The main programming feature that has kept this network of networks from becoming a twisted thicket of web-sites is the hyperlink. These links guide users across the Web by creating connections from page to page and site to site, allowing a reader to follow tangential paths to whatever it is the Web has to offer her. Links provide connections within a site and are also used constantly to travel from one publisher's site to another. Because the linking …