Intellectual Property Law Commons^™

Intimate Enunciations: Carnival And Apocalypse In Fellini, Lior Barshack

Cardozo Law Review

No abstract provided.

The Fugitive In Flight: Law, Freedom, And Liberalism In A Classic Tv Show, Stanley Fish

Cardozo Law Review

No abstract provided.

On The Decline Of The Doctrine Of Equivalents, Lee Petherbridge

Cardozo Law Review

The doctrine of equivalents is a judicial creation that allows patentees to exclude others from the use of subject matter beyond the textual scope of a patent's claims. This venerable - and extremely controversial - doctrine is tolerated (or promoted) on the theory that it is fundamentally necessary to protect the incentive structure of the patent system.

The perceived importance of the doctrine of equivalents makes all the more remarkable recent scholarly arguments that this ancient doctrine is a dead letter in American patent law. One recent empirical study argues that the doctrine is dead but hypothesizes that it did …

The Legal Ecology Of Resistance: The Role Of Antibiotic Resistance In Pharmaceutical Innovation, Kevin Outterson

Cardozo Law Review

Antibiotic effectiveness is a common pool resource that can be prematurely depleted through resistance. Some experts warn that we may face a global ecological collapse in antibiotic effectiveness.

Conventional wisdom argues for more intellectual property rights to speed the creation of new antibiotics. Recent theoretical literature suggests that conservation-based approaches may yield superior results. This Article describes a novel typology for organizing these emerging theories and provides an early empirical test of these models using proprietary data on the sales of vancomycin, an important hospital antibiotic for the last three decades.

The results challenge the assumptions in several models and …

Hoisting Originality, Joseph Scott Miller

Cardozo Law Review

No abstract provided.

Trademarks As A Media For False Advertising, J. Shahar Dillbary

Cardozo Law Review

This Article explores an unnoticed aspect of trademark law which in some instances may constitute a license to cheat. It shows that under certain circumstances a seller can use its own trademark to mislead its customers, free from legal sanction, in contexts where the same behavior would be sanctioned if the seller used other advertising media. The Article then explores how an alternate conception of the economic function of trademarks can be used to understand the informational value of trademarks and their advertising function. After identifying circumstances appropriate for legal intervention, the Article concludes with a proposal for a new …

The Burden Of Establishing Patent Invalidity: Maintaining A Heightened Evidentiary Standard Despite Increasing "Verbal Variances", Etan S. Chatlynne

Cardozo Law Review

No abstract provided.

International Law In Crisis: A Qualitative Empirical Contribution To The Compliance Debate, Michael P. Scharf

Cardozo Law Review

In the aftermath of the terrorist attacks of September 11, 2001, Professors Jack Goldsmith and Eric Posner published The Limits of International Law, a potentially revolutionary book that employs rational choice theory to argue that international law is really just "politics" and does not render a "compliance pull" on State decision-makers. Critics have pointed out that Goldsmith and Posner's identification of the role of international law in each of their case studies is largely conjectural, and that what is needed is qualitative empirical data that identifies the international law-based arguments that were actually made and the policy-makers' responses to …

Reconciling The Patent Exhaustion And Conditional Sale Doctrines In Light Of Quanta Computer V. Lg Electronics, Erin Julia Daida Austin

Cardozo Law Review

No abstract provided.

Rethinking Patentable Subject Matter: Are Statutory Categories Useful?, Aaron J. Zakem

Cardozo Law Review

No abstract provided.

Information May Want To Be Free, But Information Products Do Not: Protecting And Facilitating Transactions In Information Products, Kristen Osenga

Cardozo Law Review

Information products - products that are used to organize, provide context, and distribute information - have gone largely unprotected by intellectual property regimes. As a result, producers of information products, such as databases and software, have resorted to alternative mechanisms to protect their investments. These mechanisms have resulted in both over-protection and under-protection of the information products. Further, the uncertainty in the boundaries of coverage, coupled with the resort to self-help mechanisms, may well inhibit, rather than facilitate, information flow. What is needed is a sui generis protection scheme for information products that clearly defines the boundaries and protection requirements …

Not Confused? Don't Be Troubled: Meeting The First Amendment Attack On Protection Of "Generic" Foreign Geographical Indications, Scott Danner

Cardozo Law Review

No abstract provided.

For Promotional Use Only: Is The Resale Of A Promotional Cd Protected By The First Sale Doctrine?, Keith Harris

Cardozo Law Review

No abstract provided.

Patent Claim Construction: It's Not A Pure Matter Of Law, So Why Isn't The Federal Circuit Giving The District Courts The Deference They Deserve?, Lauren Maida

Cardozo Law Review

No abstract provided.

Reciprocal Share-Alike Exemptions In Copyright Law, Guy Pessach

Cardozo Law Review

This article introduces a novel element to copyright law's exemptions' scheme, and particularly the fair use doctrine - a reciprocal share-alike requirement. I argue that beneficiaries of a copyright exemption should comply with a complementary set of ex-post reciprocal share-alike obligations that come on top of the exemption that they benefit from. Among other aspects, reciprocal share-alike obligations may trump contractual limitations and technological protection measures that are imposed by parties who relied on a copyright exemption in the course of their own use of copyrighted materials. Thus, fair use beneficiaries should be obliged to treat alike subsequent third parties …

The Freedom Of 3d Thought: The First Amendment In Virtual Reality, Marc Jonathan Blitz

Cardozo Law Review

No abstract provided.

From The Runway To The Courtroom: How Substantial Similarity Is Unfit For Fashion, Victoria Elman

Cardozo Law Review

No abstract provided.

True Or False: The Expanding "False By Necessary Implication" Doctrine In Lanham Act False Advertising, And How A Revitalized Puffery Defense Can Solve This Problem, Sarah Samuelson

Cardozo Law Review

No abstract provided.

A Proposal To Replace The Subconscious Copying Doctrine, Carissa L. Alden

Cardozo Law Review

No abstract provided.

Restraints On Innovation, Herbert Hovenkamp

Cardozo Law Review

No abstract provided.

Recording Satellite Radio - Adapting To Modern Technology Or Infringing Copyright?, Jason A. Auerbach

Cardozo Law Review

No abstract provided.

Confronting The Genericism Conundrum, Deven R. Desai, Sandra L. Rierson

Cardozo Law Review

No abstract provided.

Tool Of The Trademark: Brand Criticism And Free Speech Problems With The Trademark Dilution Revision Act Of 2006, Jesse A. Hofrichter

Cardozo Law Review

No abstract provided.

States As Innovation System Laboratories: California, Patents, And Stem Cell Technology, Michael S. Mireles Jr.

Cardozo Law Review

No abstract provided.

Punishment, Prisons, And The Bible: Does "Old Testament Justice" Justify Our Retributive Culture?, Martin H. Pritikin

Cardozo Law Review

No abstract provided.

A New Test For Obviousness In Combination Patents: Economic Synergy, Tamir Packin

Cardozo Law Review

No abstract provided.

The Beginning Of The End To A Tax-Free Internet: Developing An E-Commerce Clause, Pamela Swidler

Cardozo Law Review

No abstract provided.

Intellectual Property And The Development Divide, Margaret Chon

Cardozo Law Review

No abstract provided.

Addressing Questionable Business Method Patents Prior To Issuance: A Two-Part Proposal, Andrew Kopelman

Cardozo Law Review

No abstract provided.

Introduction: Un Cygne Noir, Peter Goodrich

Cardozo Law Review

No abstract provided.