Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Patents (50)
- Copyright (36)
- Federal Circuit (21)
- PTAB (16)
- AIA (15)
-
- Supreme Court (15)
- Intellectual property (12)
- Fair use (10)
- Patent (9)
- America Invents Act (8)
- Patent Trial and Appeal Board (8)
- Inter partes review (7)
- First Amendment (6)
- USPTO (6)
- Digital Millennium Copyright Act (5)
- IPR (5)
- Infringement (5)
- Innovation (5)
- License (5)
- Patent infringement (5)
- Patent law (5)
- Patent litigation (5)
- Trademark (5)
- Copyright Act (4)
- European Union (4)
- AIA trials (3)
- Antitrust (3)
- Art (3)
- China (3)
- Copyright infringement (3)
Articles 61 - 90 of 351
Full-Text Articles in Intellectual Property Law
Cancel [© Opyright] Culture: A Legal Analysis Of George Orwell's Nineteen Eighty-Four, Tracy Reilly
Cancel [© Opyright] Culture: A Legal Analysis Of George Orwell's Nineteen Eighty-Four, Tracy Reilly
Chicago-Kent Journal of Intellectual Property
In this article, I present a combined legal and literary analysis of one of the most destructive themes in contemporary intellectual property scholarship: the putative death of the copyright author. For decades, the vast majority of scholars in all academic disciplines have widely accepted that the conceptual death of the author announced in 1967 by French literary theorist Roland Barthes is today a conclusively proven fact. This piece, however, offers a unique and unquestionably controversial challenge to such a purported denouement: it boldly, and not without trepidation, theorizes that the true goal of some anti-author scholars is the outright annihilation …
Stop Glorifying Fashion Piracy: It Is Time To Enact The Innovative Design Protection Act, Keyon Lo
Stop Glorifying Fashion Piracy: It Is Time To Enact The Innovative Design Protection Act, Keyon Lo
Chicago-Kent Journal of Intellectual Property
The current low-IP regime in the United States fails to provide adequate protection for fashion designs. Multiple bills had been proposed in Congress to extend copyright protection to fashion designs, but none of these was passed. Proponents of the “Piracy Paradox” doctrine suggest that unregulated copying is paradoxically beneficial to fashion designers and can foster innovation. This paper shows that the doctrine reflects a clear misunderstanding of fashion theories and how fashion trends are formed. It further argues that the fashion industry requires a diverse portfolio of inspired works rather than line-by-line knockoffs to foster trend formation. The Innovative Design …
Considerations For Means-Plus-Function Construction, Michelle Aspen
Considerations For Means-Plus-Function Construction, Michelle Aspen
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Chicago-Kent Journal Of Intellectual Property Editorial Board 2021-2022
Chicago-Kent Journal Of Intellectual Property Editorial Board 2021-2022
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Ptab Bar Editorial Board
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Review Of Post-Arthrex Handling Of Pending Federal Circuit Appeals With Appointment Clause Challenges, Matthew Johnson, John Evans, Hannah Mehrle
Review Of Post-Arthrex Handling Of Pending Federal Circuit Appeals With Appointment Clause Challenges, Matthew Johnson, John Evans, Hannah Mehrle
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Protecting Data Privacy For Mobile Payments Under The Chinese Law: Comparative Perspectives And Reform Suggestions, Robin Hui Huang, Qiang Han, Xiuwen Zhu
Protecting Data Privacy For Mobile Payments Under The Chinese Law: Comparative Perspectives And Reform Suggestions, Robin Hui Huang, Qiang Han, Xiuwen Zhu
Chicago-Kent Journal of Intellectual Property
China has become one of the largest mobile payment markets in the world. While mobile payments bring great benefits such as convenience, flexibility, and efficiency, they are not without risks. This article focuses on one of the major risks, namely the data privacy risk, which is in large part caused and exacerbated by the involvement of multiple players and the extensive collection of personal information. There were some difficulties in protecting data privacy under the traditional legal framework, which was developed in a piecemeal manner with relevant provisions scattered around many different laws. In response, China has been trying to …
Leaving The Best Of Artists And Authors Helpless, Lin Manuel-Miranda's Hamilton Illustrates How The Fair Use Test Is Too Gray, Lauren M. Hausman
Leaving The Best Of Artists And Authors Helpless, Lin Manuel-Miranda's Hamilton Illustrates How The Fair Use Test Is Too Gray, Lauren M. Hausman
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Copyright Notice, Chicago-Kent Journal Of Intellectual Property
Copyright Notice, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Chicago-Kent Journal Of Intelletual Property Editorial Board 2020-2021, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal Of Intelletual Property Editorial Board 2020-2021, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Patents Are Not Probabilities: Refuting The Probabilistic Patent Theory, Bryan Gant
Patents Are Not Probabilities: Refuting The Probabilistic Patent Theory, Bryan Gant
Chicago-Kent Journal of Intellectual Property
The probabilistic patent theory espoused by Carl Shapiro and Mark Lemley suggests that the lawful term of a patent is limited by the probability that the patent will be held valid and enforceable. For example, under this theory a patent with a 60% chance of being held valid and enforceable would lawfully grant 60% of a statutory patent term; any enforcement beyond that point would risk violating the antitrust laws. This article explains that Shapiro and Lemley’s theory has at least three fatal flaws: First, it depends on a “judicially-created” view of patents the Supreme Court has since rejected in …
Table Of Contents, Chicago-Kent Journal Of Intellectual Property
Table Of Contents, Chicago-Kent Journal Of Intellectual Property
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Alice At Six: Patent Eligibility Comes Of Age, Mark A. Perry, Jaysen S. Chung
Alice At Six: Patent Eligibility Comes Of Age, Mark A. Perry, Jaysen S. Chung
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Establishment And Use Of Non-Exclusive Factors To Deny Institution Under §§ 314(A) And 325(D), Scott Seeley, Tim Seeley
Establishment And Use Of Non-Exclusive Factors To Deny Institution Under §§ 314(A) And 325(D), Scott Seeley, Tim Seeley
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Can Competition Considerations Trump Trademarks Rights?, Ioannis Kokkoris
Can Competition Considerations Trump Trademarks Rights?, Ioannis Kokkoris
Chicago-Kent Journal of Intellectual Property
Competition law has in the past tended to see suspiciously the protection of trademark as directly opposed to the goals of competition law. As this paper shows this view has been abandoned and substituted by a more synthetic approach in which the goals of trademark law and competition law are not incompatible but may be pursued conjunctly. The paper discusses the importance and practical feasibility of striking a balance between competition law and trademark rights, with a specific attention to the specificities of trademarks. The paper will focus on the issue of the compatibility between the goals of trademark law …
Ai Output: A Human Condition That Should Not Be Protected Now, Or Maybe Ever, Xiao Wang
Ai Output: A Human Condition That Should Not Be Protected Now, Or Maybe Ever, Xiao Wang
Chicago-Kent Journal of Intellectual Property
AI is usually considered to be a form of automatic and autonomous work, but when applied to the creation of literary and artistic works, challenges arise in deciding whether the AI is the de facto author of its output and whether AI outputs or AI-generated products should be protected under the copyright system. This article argues that these outputs should be human creations because the working principles of AI determine that AI functions merely as a mathematical tool applied by humans to not only conceive of but also to execute the creation of AI outputs. The creativity reflected in these …
Insights From The First Year Of The Uspto's New Motion To Amend Pilot Program, Brooke M. Wilner, Amanda K. Murphy, Ph.D.
Insights From The First Year Of The Uspto's New Motion To Amend Pilot Program, Brooke M. Wilner, Amanda K. Murphy, Ph.D.
Chicago-Kent Journal of Intellectual Property
No abstract provided.
#Omg - Omissions As Media Gaffes: Endorsements In Social Media Advertisements And Influencers' Disclosure Obligations, Maximillian Plail
#Omg - Omissions As Media Gaffes: Endorsements In Social Media Advertisements And Influencers' Disclosure Obligations, Maximillian Plail
Chicago-Kent Journal of Intellectual Property
Court decisions in Germany tend to draw little media interest, but an exception to this comes in the form of decisions relating to disclosure obligations on social media, such as the recent case involving Cathy Hummels. Due to enforcement issues and the paucity of damages awarded to individual and companies, there is a significant lack of literature on this field of law. As a consequence, this study, which compares the U.S. and Germany while also proposing how, exactly, the law needs to change, is unique. Hardly any other area of law is home to this much ambiguity that affects such …
The Situation Of Orphan Works Under Different Jurisdictions, Bzhar Abdullah Ahmed
The Situation Of Orphan Works Under Different Jurisdictions, Bzhar Abdullah Ahmed
Chicago-Kent Journal of Intellectual Property
The article analyses the situation of orphan works solutions under several different international jurisdictions, examining each jurisdiction in turn. Various solutions for addressing the problem of orphan works are provided by the jurisdiction of each country, the most comprehensive scheme being offered by the law of the United Kingdom. The UK provides three types of solution: an exceptions-based model, compulsory licensing and extended collective licensing. The author demonstrates that as this problem largely has emerged with the proliferation of technology, some countries have not considered orphan works an issue serious enough to take steps to address. Some countries are still …
The Constitution Commandeth: Thou Shalt Not Protect The Same Subject Matter Under Design Patent And Trade Dress Laws, Kenneth B. Germain, Louis H. Sitler
The Constitution Commandeth: Thou Shalt Not Protect The Same Subject Matter Under Design Patent And Trade Dress Laws, Kenneth B. Germain, Louis H. Sitler
Chicago-Kent Journal of Intellectual Property
For many years and still currently, it has been assumed—and even expressly asserted—that it is perfectly permissible to “stack” various legal theories (concurrently or consecutively) to protect nonfunctional “designs” for products. This is despite infrequent but cogent arguments that the available theories, notably design patents and product design trade dress—both of which are based upon federal statutes—are not Constitutionally compatible due to at least the concept of Superfluity. The authors of this article carefully examine the origin, nature, and meaning of these two types of IP protections in the context of their two Constitutional bases—the Patent/Copyright Clause and the Commerce …
Against Progress: Interventions About Equality In Supreme Court Cases About Copyright Law, Jessica Silbey
Against Progress: Interventions About Equality In Supreme Court Cases About Copyright Law, Jessica Silbey
Chicago-Kent Journal of Intellectual Property
Despite expanding scope and the rise of “more” intellectual property, Against Progress demonstrates that turn-of-the century intellectual property practice challenges the “progress as more” paradigm. Through various methodological interventions – close reading of cases, doctrinal analysis, and various qualitative empirical methods – Against Progress demonstrates how contemporary accounts of intellectual property are not primarily anchored by claims of “more” or in economic growth terms. Instead, creative and innovative practices (and disputes concerning them) revolve around adjacent values and principles central to our constitutional system such as equality, privacy, and community or general welfare.
Two Centuries Of Trademark And Copyright Law: A Citation-Network-Analysis Approach, Joseph Scott Miller
Two Centuries Of Trademark And Copyright Law: A Citation-Network-Analysis Approach, Joseph Scott Miller
Chicago-Kent Journal of Intellectual Property
The Supreme Court has decided many more patent cases than trademark or copyright cases. This is so not just in the past decade—the focus of the tenth annual Supreme Court IP Review at the Chicago-Kent College of Law, in September 2019—but in the past 20 decades. In gathering the entire body of the Court’s IP caselaw for study with cita-tion-network-analysis tools, I found that patent cases greatly outnum-ber trademark and copyright cases. Moreover, patent cases, especially patent and antitrust cases, dominate the metrics for the most central cases in the citation network.
Aesthetic Functionality At A Crossroads: What A Troublesome Doctrine Can Learn From Its Past, Xiaoren Wang
Aesthetic Functionality At A Crossroads: What A Troublesome Doctrine Can Learn From Its Past, Xiaoren Wang
Chicago-Kent Journal of Intellectual Property
With the rise of branding and marketing, firms started using trade dress such as product features or packages to identify themselves. Some firms claim an exclusive trademark right on their trade dress. However, granting a trademark right to some trade dresses might hinder competition. For example, if one firm claims trademark on the heart-shaped candy box, it will prevent others from using the same package to compete in the Valentine’s Day sweets market. So U.S. courts developed a doctrine called aesthetic functionality to avoid the competition hindrance consequence. Aesthetic functionality refers to the situation where a trade dress has the …
Ai Patents: A Data Driven Approach, Brian S. Haney
Ai Patents: A Data Driven Approach, Brian S. Haney
Chicago-Kent Journal of Intellectual Property
While artificial intelligence (AI) research brings challenges, the resulting systems are no accident. In fact, academics, researchers, and industry professionals have been developing AI systems since the early 1900s. AI is a field uniquely positioned at the intersection of several scientific disciplines including computer science, applied mathematics, and neuroscience. The AI design process is meticulous, deliberate, and time-consuming – involving intensive mathematical theory, data processing, and computer programming. All the while, AI’s economic value is accelerating. As such, protecting the intellectual property (IP) springing from this work is a keystone for technology firms acting in competitive markets.
Choosing The Consequences Of Tam And Brunetti, Alfred C. Yen
Choosing The Consequences Of Tam And Brunetti, Alfred C. Yen
Chicago-Kent Journal of Intellectual Property
In Matal v. Tam and Iancu v. Brunetti, the Supreme Court did something it has never done before – namely apply strict First Amendment scrutiny to trademark law. This is a big deal. Many have argued, to relatively little effect, that intellectual property laws, like trademarks, raise serious free speech problems. It is therefore significant news for the Court to declare portions of the Lanham Act unconstitutional not once, but twice.
Ranking Parallel Petitions Before The Ptab: A Survey, Monica Grewal, Heather Petruzzi, Wenli Gu Phd
Ranking Parallel Petitions Before The Ptab: A Survey, Monica Grewal, Heather Petruzzi, Wenli Gu Phd
Chicago-Kent Journal of Intellectual Property
To understand the trends in recent ranking practice, this article an-alyzes a subset of ranked parallel petitions that received an institution decision before or on February 20, 2020. Using a search filter in Docket Navigator to locate multiple petitions challenging the same pa-tent, the authors identified 39 occurrences of ranked parallel petitions that challenge the same claims of the same patents, as well as 2 occur-rences of ranked parallel petitions that challenge different claims of the same patent.
Unfettered Discretion: A Closer Look At The Board's Discretion To Deny Institution, Joel D. Sayres, Reid E. Dodge
Unfettered Discretion: A Closer Look At The Board's Discretion To Deny Institution, Joel D. Sayres, Reid E. Dodge
Chicago-Kent Journal of Intellectual Property
To ensure that the doorway to IPRs was not limitless, Congress de-lineated a specific threshold before a trial could be instituted. That threshold is set forth in 35 U.S.C. § 314(a), which provides that IPR may not be instituted unless the petition “shows that there is a reasonable likelihood that the petitioner would prevail with respect to at least 1 of the claims challenged in the petition.” However, the Board has increas-ingly identified circumstances in which it will not institute IPR, even where a petitioner satisfies this statutory threshold. Indeed, the Board has seemingly adopted the view that it has …
Expert Discovery Protections: Comparing District Courts With The Ptab, Blaine M. Hackman, Vi T. Tran, Katherine A. Helm
Expert Discovery Protections: Comparing District Courts With The Ptab, Blaine M. Hackman, Vi T. Tran, Katherine A. Helm
Chicago-Kent Journal of Intellectual Property
Expert witness testimony can be critical in patent litigation in all forums. In Patent Trial and Appeal Board (“PTAB”) proceedings, particularly inter partes review (“IPR”) and post-grant review (“PGR”), expert testimony through declarations and depositions plays a central role in both challenging and defending patents. In district courts, live expert testimony is key to proving infringement and invalidity. Accordingly, the legal protections governing the disclosure of expert testimony in discovery in both forums are carefully proscribed, but with notable distinctions.