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Articles 211 - 240 of 467
Full-Text Articles in Intellectual Property Law
Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey
Shifting The Burden Of Proving Patentability Vel Non In View Of Dickinson V. Zurko, Dawn-Marie Bey
Georgia Journal of Law & Technology
This paper addresses the Patent Office's misinterpretation of the Supreme Court's ruling in Dickinson v. Zurko regarding the applicability of the factual review standards of the Administrative Procedure Act (APA) to Patent Office findings. More particularly, in accordance with this misinterpretation, recent guidelines promulgated by the Patent Office violate the APA and controlling precedent.
To date, the proper procedures for prosecuting a patent application have been carefully honed through a myriad of statutes, rules, and controlling legal opinions. The resulting procedures are set forth in exemplary prose in the Manual of Patent Examining Procedure (MPEP) issued and revised periodically by …
Oh Bother: Milne, Steinbeck, And An Emerging Circuit Split Over The Alienability Of Copyright Termination Rights, Allison M. Scott
Oh Bother: Milne, Steinbeck, And An Emerging Circuit Split Over The Alienability Of Copyright Termination Rights, Allison M. Scott
Georgia Journal of Law & Technology
No abstract provided.
Reeling In The Patent Troll: Was Ebay V. Mercexchange Enough?, Damian Myers
Reeling In The Patent Troll: Was Ebay V. Mercexchange Enough?, Damian Myers
Georgia Journal of Law & Technology
No abstract provided.
Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall
Catwalk Copycats: Why Congress Should Adopt A Modified Version Of The Design Piracy Prohibition Act, Laura C. Marshall
Georgia Journal of Law & Technology
No abstract provided.
Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious
Is Home Recording Dead? A Discussion Of The Atlantic V. Xm Satellite Radio Litigation And Audio Home Recording Rights, Kevin M. Dious
Georgia Journal of Law & Technology
No abstract provided.
Alternative Business Strategies In Weak Intellectual Property Environments: A Law And Economics Analysis Of The Argo-Biotechnology Firm's Strategic Dilemma, A. Bryan Endres, Peter D. Goldsmith
Alternative Business Strategies In Weak Intellectual Property Environments: A Law And Economics Analysis Of The Argo-Biotechnology Firm's Strategic Dilemma, A. Bryan Endres, Peter D. Goldsmith
Georgia Journal of Law & Technology
No abstract provided.
The Infringement-Plus-Equity Model: A Better Way To Award Monetary Relief In Trademark Cases, David S. Almeling
The Infringement-Plus-Equity Model: A Better Way To Award Monetary Relief In Trademark Cases, David S. Almeling
Georgia Journal of Law & Technology
No abstract provided.
We're Not Gonna Take It!: Limiting The Right Of Publicity's Concept Of Group Identity For The Good Of Intellectual Property, The Music Industry, And The People, Andrew W. Eaton
Georgia Journal of Law & Technology
No abstract provided.
Reforming Copyright To Foster Innovation: Providing Access To Orphaned Works, Pamela Brannon
Reforming Copyright To Foster Innovation: Providing Access To Orphaned Works, Pamela Brannon
Georgia Journal of Law & Technology
No abstract provided.
Searching For Substance In The Midst Of Formality: Copyright Registration As A Condition Precedent To The Exercise Of Subject-Matter Jurisdiction By Federal Courts Over Copyright Infringement Claims, Mose Bracey
Georgia Journal of Law & Technology
No abstract provided.
Rules For Radicals: A Politics Of Patent Law, Kali N. Murray
Rules For Radicals: A Politics Of Patent Law, Kali N. Murray
Georgia Journal of Law & Technology
No abstract provided.
Judging Expertise In Copyright Law, William K. Ford
Judging Expertise In Copyright Law, William K. Ford
Georgia Journal of Law & Technology
No abstract provided.
Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love
Throwing The Flag On Copyright Warnings: How Professional Sports Organizations Systematically Overstate Copyright Protection, Tyler Mccormick Love
Georgia Journal of Law & Technology
No abstract provided.
Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann
Bad Medicine: Economic Disadvantage And Claim Limitation In An Ailing Patent Office, Elisabeth Marie Koehnemann
Georgia Journal of Law & Technology
No abstract provided.
You Can Stand Under My Umbrella: Weighing Trade Secret Protection Against The Need For Greater Transparency In Perfume And Fragranced Product Labeling, Delia Gervin
Georgia Journal of Law & Technology
No abstract provided.
State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett
State Regulation Of Keyword Advertising: A Lesson From The Utah Legislature, Mary Candice Barrett
Georgia Journal of Law & Technology
No abstract provided.
Keeping It Physical: Convergence On A Physicality Requirement For Patentability Of Software-Related Inventions Under The European Patent Convention And United States Law, Kevin Afghani, Duke W. Yee
Keeping It Physical: Convergence On A Physicality Requirement For Patentability Of Software-Related Inventions Under The European Patent Convention And United States Law, Kevin Afghani, Duke W. Yee
Georgia Journal of Law & Technology
No abstract provided.
Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti
Can China Protect The Olympics, Or Should The Olympics Be Protected From China?, Jennifer L. Donatuti
Georgia Journal of Law & Technology
No abstract provided.
What's The Deference?: Should Dickinson V. Zurko Apply In The Trademark Context?, Jonathan S. Digby
What's The Deference?: Should Dickinson V. Zurko Apply In The Trademark Context?, Jonathan S. Digby
Georgia Journal of Law & Technology
No abstract provided.
Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard
Squeezing "The Juice": Can The Right Of Publicity Be Used To Satisfy A Civil Judgment?, Hastings H. Beard
Georgia Journal of Law & Technology
No abstract provided.
Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley
Thin But Not Anorexic: Copyright Protection For Compilations And Other Fact Works, David E. Shipley
Georgia Journal of Law & Technology
Questions about the copyrightability of compilations and other low authorship fact works, and about the scope of protection, have continued to trouble courts long after the Supreme Court's landmark decision in Feist Publications, Inc. v. Rural Telephone Services Co. in 1991. Justice O'Connor's opinion, explaining why a standard white pages telephone directory did not meet the constitutional and statutory requirements for copyright protection, defined an original work of authorship as one that is independently created by its author and that evidences at least a minimal level of creativity. The latter requirement has been elusive, in part because Justice O'Connor defined …
Trade Secrets As Property: Theory And Consequences, Charles Tait Graves
Trade Secrets As Property: Theory And Consequences, Charles Tait Graves
Georgia Journal of Law & Technology
No abstract provided.
A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith
A Panoptic Approach To Information Policy: Utilizing A More Balanced Theory Of Property In Order To Ensure The Existence Of A Prodigious Public Domain, Christine D. Galbraith
Georgia Journal of Law & Technology
No abstract provided.
Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler
Infringicus Maximus! An Exploration Of Motion Picture Title Protection In An International Film Industry Through The Legal Battles Of Harry Potter, Emily Kathryn Tyler
Georgia Journal of Law & Technology
No abstract provided.
Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts
Phillips Has Left Vara Little Protection For Site-Specific Artists, Lauren Ruth Spotts
Georgia Journal of Law & Technology
No abstract provided.
"Hang 'Em High": Will The Recording Industry Association Of America's New Plan To Posse Up With Internet Service Providers In The Fight Against Online Music Piracy Finally Tame The Wild Internet?, John Eric Seay
Georgia Journal of Law & Technology
No abstract provided.
A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro
A Priate's Treasure?: Heightened Pleadings Standard For Copyright Infringement Complaints After Bell Atlantic Corp. V. Twombly, Benjamin W. Cheesbro
Georgia Journal of Law & Technology
No abstract provided.
On Abstraction And Equivalence In Software Patent Doctrine: A Response To Bessen, Meurer And Klemens, Andrew Chin
On Abstraction And Equivalence In Software Patent Doctrine: A Response To Bessen, Meurer And Klemens, Andrew Chin
Georgia Journal of Law & Technology
No abstract provided.
Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson
Through The Looking Glass: Copyright Protection In The Virtual Reality Of Second Life, Harris Weems Henderson
Georgia Journal of Law & Technology
No abstract provided.
Stop The Bleeding: Medimmune Ends The Unjustified Erosion Of Patent Holders' Rights In Patent Licensing Agreements, Richard Weil Goldstucker
Stop The Bleeding: Medimmune Ends The Unjustified Erosion Of Patent Holders' Rights In Patent Licensing Agreements, Richard Weil Goldstucker
Georgia Journal of Law & Technology
No abstract provided.