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Articles 121 - 143 of 143
Full-Text Articles in Intellectual Property Law
Festo: Blessing To Patent Holders Or Thorn In Their Sides?, Jennifer Miller
Festo: Blessing To Patent Holders Or Thorn In Their Sides?, Jennifer Miller
Duke Law & Technology Review
The Supreme Court makes another attempt to strike a balance between protecting an inventor's patent rights and ensuring adequate notice to the public of what constitutes patent infringement. This iBrief discusses the Supreme Court ruling in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. and its foreseeable effects on the practice of patent law.
Software Patents: What One-Click Buy And Safe Air Travel Have In Common, Michael Guntersdorfer
Software Patents: What One-Click Buy And Safe Air Travel Have In Common, Michael Guntersdorfer
Duke Law & Technology Review
Have you ever sat in an airplane, typing on your laptop, when the darn thing crashes for the one-millionth time? Have you ever then thought about how the airplane you are sitting in is controlled by software, too--the technical term being "fly by wire"--and then started sweating uncontrollably? Software controls not only air traffic but plenty of other safety-critical technologies: the tightrope walk of controlling the chain reaction of radioactive elements in nuclear power plants; the navigation and activation of missiles;3 the moves and cutting-depth of a surgical laser when correcting eye-sights; the list goes on... With such reliance on …
Protecting Intellectual Capital In The New Century: Are Universities Prepared?, James Ottavio Castagnera, Cory R. Fine, Anthony Belfiore
Protecting Intellectual Capital In The New Century: Are Universities Prepared?, James Ottavio Castagnera, Cory R. Fine, Anthony Belfiore
Duke Law & Technology Review
In recent years, intellectual property has become increasingly important to academic institutions throughout the United States. As universities rely more heavily on trademarks and patents for additional revenue, questions arise as to whether these institutions are sufficiently protected by their current intellectual property policies. This iBrief explores the policies promulgated by a variety of academic institutions and assesses whether these universities are adequately protected by their policies.
The Extraterritorial Reach Of Trademarks On The Internet, Yelena Simonyuk
The Extraterritorial Reach Of Trademarks On The Internet, Yelena Simonyuk
Duke Law & Technology Review
The advent of the Internet means incredible opportunity for global interaction. Consumers in Asia can buy from a small business in Louisiana, and businesses can advertise to a much wider market for a fraction of the cost of traditional media. But these benefits come with a dilemma: what to do about trademark infringement on the Internet. In a virtual world with no borders, what (and where) is the law?
The Enola Bean Patent Controversy: Biopiracy, Novelty And Fish-And-Chips, Gillian N. Rattray
The Enola Bean Patent Controversy: Biopiracy, Novelty And Fish-And-Chips, Gillian N. Rattray
Duke Law & Technology Review
Should traditional knowledge be patentable? As the number of patents filed by large corporations for native crops has increased, activists have become concerned about the economic effects of these patents on indigenous people. This iBrief discusses the attempts by one group of activists to test the validity of such patents in the United States and explores the issue of biopiracy in the Third World.
An Interview With Caspar Bowden, Joseph Goodman
An Interview With Caspar Bowden, Joseph Goodman
Duke Law & Technology Review
Caspar Bowden ([email protected]) is the author of a recent DLTR article, Closed Circuit Television for Inside Your Head: Blanket Traffic Data Retention and the EmergencyAnti-Terrorism Legislation. He is the Director of the Foundation for Information Policy Research (http://www.fipr.org), an independent non-profit think-tank that undertakes research on the interaction between information technology and society, technical developments with significant social impact, and public policy alternatives. He was formerly a consultant specializing in Internet security and e-commerce, senior researcher of an option-arbitrage trading firm, a financial strategist with Goldman Sachs, and chief algorithm designer for a virtual reality software house. We interviewed Mr. …
Court Gives Thumbs-Up For Use Of Thumbnail Pictures Online, Kelly Donohue
Court Gives Thumbs-Up For Use Of Thumbnail Pictures Online, Kelly Donohue
Duke Law & Technology Review
In the online world, where intellectual property rights can be violated with the simple click of a mouse, innovation sometimes finds itself engaged in a game of chicken with the law. Recently, online-photo-search engine Ditto.com played just such a game, taking their fight to the Ninth Circuit Court of Appeals. The Ninth Circuit's holding protects Ditto.com's use of copyrighted photos as transformative fair use. But the holding also addresses inline linking and framing, warning that they can violate copyright even in the face of a fair use.
Universal City Studios, Inc. V. Corley: The Constitutional Underpinnings Of Fair Use Remain An Open Question, Harry Mihet
Universal City Studios, Inc. V. Corley: The Constitutional Underpinnings Of Fair Use Remain An Open Question, Harry Mihet
Duke Law & Technology Review
At first blush, the Copyright Clause and the First Amendment of the United States Constitution appear to serve conflicting interests and to exist in irrevocable tension. On one hand, the Copyright Clause grants authors "the exclusive Right to their respective Writings and Discoveries," thereby prohibiting others from utilizing certain forms of expression. On the other hand, the First Amendment prohibits Congress from "abridging the freedom of speech" and expression. ;Thus, by simultaneously prohibiting the use of another's expression and safeguarding expression, the two provisions appear to be on a constitutional collision course.
Fraud And Enforceability: Potential Implications For Federal Circuit Litigation, Michael Kim
Fraud And Enforceability: Potential Implications For Federal Circuit Litigation, Michael Kim
Duke Law & Technology Review
Should fraudulent litigation tactics and testimony affect the validity of underlying patents? What results are possible if the enforceability of a patent turns on the conduct of the applying party not only before the Patent and Trademark Office, but also before circuit courts? The author of the following article considers these questions in light of the recent Aptix Corp. case.
Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker
Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker
Duke Law & Technology Review
The AIDS pandemic has thrust the subject of patent protection into the spotlight, a spotlight that has attracted the attention of broad audience including interested parties from the political, legal, and medical communities. Can the United States' scheme of strong patent protection for pharmaceutical products withstand the increased attention?
Cybernetic Implications For The U.C.C., Stephen Dirksen, Kyle Grimshaw
Cybernetic Implications For The U.C.C., Stephen Dirksen, Kyle Grimshaw
Duke Law & Technology Review
In the following iBrief, the authors assess the impact of recent a recent decision from the 9th Circuit assessing whether the patent system's filing mechanism preempts the U.C.C. Article 9 requirement that creditors perfect their security interests in patents offered as collateral by their debtors.
Musicnet & Pressplay: To Trust Or Antitrust?, Kelly Donohue
Musicnet & Pressplay: To Trust Or Antitrust?, Kelly Donohue
Duke Law & Technology Review
Efforts by leading record labels to fill the void they created by shutting down Napster led several to develop their own subscription online music service. The author of the following iBrief assesses the viability of those services in light of a Justice Department antitrust investigation into the practices of the labels in allegedly quashing smaller distributors and colluding to stifle competition, and considers the ramifications of an antitrust suit for both the major labels and their competitors.
A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw
A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw
Duke Law & Technology Review
For years, graduate and other student researchers at universities have alleged that the hierarchical system in academic research allows supervising PhDs to steal and patent inventions that were rightfully discovered by students. In July 2001, the Federal Circuit finally addressed these concerns by interpreting the law in a way that strictly protects the rights of student researchers. This article examines this long-overdue change in the law and discusses its potential implications.
Hacking Digital Video Recorders: Potential Copyright Liability For Dvr Hackers And Service Providers, Ashley A. Johnson
Hacking Digital Video Recorders: Potential Copyright Liability For Dvr Hackers And Service Providers, Ashley A. Johnson
Duke Law & Technology Review
To what extent does Sony's time-shifting fair use argument extend to recent innovations that make it easier for hackers use DVR technology to generate copies of protected material? The author assesses the potential liability of DVR manufacturers against the backdrop of traditional fair use doctrines.
Copyrights In Computer-Generated Works: Whom, If Anyone, Do We Reward?, Darin Glasser
Copyrights In Computer-Generated Works: Whom, If Anyone, Do We Reward?, Darin Glasser
Duke Law & Technology Review
Computer-generated works raise grave authorship concerns under U.S. copyright law, with arguments in favor of allocating copyrights to the computer user, programmer, the computer itself, or some combination therein. The author discusses the issues and paradoxes inherent in these choices, and assesses the nature of mathematical graphical processes in light of the idea/expression dichotomy.
International Upheaval: Patent Independence Protectionists And The Hague Conference, Kyle Grimshaw
International Upheaval: Patent Independence Protectionists And The Hague Conference, Kyle Grimshaw
Duke Law & Technology Review
International lawmakers presently are negotiating a treaty that would not only allow U.S. courts to grant summary judgment in patent infringement suits if a court in Canada or Europe previously found patent infringement, but would actually require it. This paper examines whether courts in the United States should be allowed to find patent infringement based solely upon the fact that foreign courts had previously found patent infringement. The author concludes that changing the law to allow this practice is not sound policy.
The First Sale Doctrine And Digital Phonorecords, Bob Hyde
The First Sale Doctrine And Digital Phonorecords, Bob Hyde
Duke Law & Technology Review
This iBrief follows various phonorecord formats to illustrate the specifics of the First Sale doctrine as it applies to digital phonorecords. The author argues that the disposal of a digital phonorecord by means of distribution infringes an author's exclusive right to reproduce the underlying musical work and this distribution is not subject to First Sale protection.
The Future Of Database Protection In U.S. Copyright Law, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser, Emelio Mena
The Future Of Database Protection In U.S. Copyright Law, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser, Emelio Mena
Duke Law & Technology Review
In the recent British Horseracing Board case, the English High Court signaled a return to the "sweat of the brow" standard of copyright protection. Although recent attempts have been made in the United States to protect databases under this standard, this iBrief argues that the information economy is wise to continuing protecting this data through trade secret, State misappropriation and contract law until legislation is passed.
Patent Amendments And Prosecution History Estoppel Under Festo, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Michael Kim, Steven Mesnick
Patent Amendments And Prosecution History Estoppel Under Festo, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Michael Kim, Steven Mesnick
Duke Law & Technology Review
On November 29, 2000, the Federal Circuit retroactively reduced the value of nearly 1.2 million unexpired United States patents by announcing a new rule for the somewhat obscure doctrine of prosecution history estoppel. Designed to foster clarity in patent applications, this new pronouncement in Festo Corp v. Shoketsu Kinzoku Kogyo Kabushiki Co. allows for easy copying of some patented inventions and reduces patent owner's ability to prove infringement. This article outlines the change in the law and discusses the positive and negative consequences of the decision.
The Fate Of Napster: Digital Downloading Faces An Uphill Battle, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser
The Fate Of Napster: Digital Downloading Faces An Uphill Battle, Jennifer Askanazi, Glen Caplan, Dianne Descoteaux, Kelly Donohue, Darin Glasser
Duke Law & Technology Review
First Diamond Multimedia, then MP3.com, now Napster. The recording industry, in a flurry to protect its copyrighted material, has waged an all-out battle against the dot-coms for the future of copyrighted music on the Internet. Since A&M Records, along with several other labels which comprise the Recording Industry Association of America (RIAA), filed suit against Napster, emotions have run high in the online community. Some have heralded this technology as a much-needed alternative to the strangling grasp of the major record labels; others view it as blatant theft of property. Students, musicians, computer programmers, trade organizations, and even the US …
Who’S Afraid Of Amazon.Com V. Barnesandnoble.Com?, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Ian Jinkerson, Michael Kim
Who’S Afraid Of Amazon.Com V. Barnesandnoble.Com?, Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Ian Jinkerson, Michael Kim
Duke Law & Technology Review
On October 2, 2000, the Court of Appeals for the Federal Circuit heard the appeal in the case of Amazon.com, Inc. v. Barnesandnoble.com, Inc. This appeal revolves around the alleged infringement by Barnesandnoble.com of a one-click web-shopping system patented by Amazon.com. The one-click system is among a series of recent controversial "business method" patents. According to some, business methods are legitimate inventions that deserve the protection of the US Patent and Trademark Office (PTO). According to others, business methods are unworthy of patent protection and may inhibit innovation in e-commerce. The outcome of this case has been widely anticipated by …
Deutsche Telekom And Voicestream Merger: Charting A New Regulatory Course, Aaron Futch, Yemi Giwa, Andrew Grimmig, Kisa Mlela, Amy Richardson
Deutsche Telekom And Voicestream Merger: Charting A New Regulatory Course, Aaron Futch, Yemi Giwa, Andrew Grimmig, Kisa Mlela, Amy Richardson
Duke Law & Technology Review
On July 24, 2000, the German telecommunications giant Deutsche Telekom AG (Deutche Telekom) agreed to purchase the Bellvue, Washington based VoiceStream Wireless Corporation (VoiceStream) for over $50 billion. Although the merger may ultimately fall through, the response generated by the proposed merger indicates the future for deals between US and foreign-owned telecommunications companies. With the increasing globalization of the world's telecommunications markets, the Deutche Telekom deal represents the first time that a company dominated by a foreign government has attempted to purchase an American corporation. The signatories of the Basic Telecommunications Agreement, an agreement among World Trade Organization (WTO) members …
Cybersquatting: The Latest Challenge In Federal Trademark Protection, Justin Graham, Ashley Johnson, Emilio Mena, Neil Wolitzer
Cybersquatting: The Latest Challenge In Federal Trademark Protection, Justin Graham, Ashley Johnson, Emilio Mena, Neil Wolitzer
Duke Law & Technology Review
The explosion in Internet technology in the past decade has drawn the Lanham Act into the realm of electronic commerce. Trademark owners seeking to register domain names have recently found themselves entwined in a number of disputes, such as disputes involving claims to multiple domain names and disputes over whether the domain name registration system is fairly administered. One important legal issue that has recently come to the fore is over the practice of cybersquatting. Today, courts must contend with the cybersquatter, a speculator who reserves trademarks as Internet domain names for the sole purpose of selling or licensing them …