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Articles 511 - 540 of 550
Full-Text Articles in Intellectual Property Law
Making A Pitch For Extending A Judge's Power To Determine Obviousness: How The Mcginley Court Struck Out, 3 J. Marshall Rev. Intell. Prop. L. 156 (2003), John Petravich
UIC Review of Intellectual Property Law
Obviousness is one of the most litigated elements of patent of validity, due primarily to the enormous gray area between the roles of judge and jury. While obviousness is ultimately a legal question, the courts make an effort to leave the underlying factual determinations to the jury, with mixed results. McGinley v. Franklin Sports, Inc. illustrates the problems with the Court of Appeals for the Federal Circuit’s current approach as to what role juries and district court judges should play in determining obviousness of a patent. Instead of the McGinley approach of maintaining a significant role for juries in resolving …
The Rambus Shell Game: A Lack Of Integrity In The Standards Setting Process, 3 J. Marshall Rev. Intell. Prop. L. 138 (2003), David Adam Dorth
The Rambus Shell Game: A Lack Of Integrity In The Standards Setting Process, 3 J. Marshall Rev. Intell. Prop. L. 138 (2003), David Adam Dorth
UIC Review of Intellectual Property Law
Standards setting organizations are formed to promulgate industry standards and in turn manage the course of technology that falls within their particular niche. Industry standards are the cornerstone of the technological compatibility that we enjoy as an advanced society. As we delve into the 21st century and beyond, the role of integrity in the standards setting process as a whole must be recognized by standards groups, end-users and importantly by the courts. This comment seeks to draw these entities into focusing on integrity and understand its importance in standards setting. Finally, this article strives to present a good starting point …
“You Said What?”: A Look At The Influence Of Foreign Patent Prosecution On Domestic Infringement Litigation, 3 J. Marshall Rev. Intell. Prop. L. 119 (2003), Brian R. Cheslek
“You Said What?”: A Look At The Influence Of Foreign Patent Prosecution On Domestic Infringement Litigation, 3 J. Marshall Rev. Intell. Prop. L. 119 (2003), Brian R. Cheslek
UIC Review of Intellectual Property Law
The current patent statutes are structured to grant unambiguous patents that give patent holders a right to exclude and provide the public with ample notice of the patented subject matter. Therefore, courts should interpret the scope of a claim using only the specification and the file history, the very tools used by the patent holder and public to define the bounds of the patent. Unfortunately, limiting statements made abroad can be allowed into evidence, creating a way or accused infringers to evade liability. By permitting judges to admit extrinsic evidence for the purpose of providing clarity to a supposedly already …
Flawed Or Flawless: Twenty Years Of The Federal Circuit Court Of Appeals, 2 J. Marshall Rev. Intell. Prop. L. 178 (2003), Charles Shifley
Flawed Or Flawless: Twenty Years Of The Federal Circuit Court Of Appeals, 2 J. Marshall Rev. Intell. Prop. L. 178 (2003), Charles Shifley
UIC Review of Intellectual Property Law
A common complaint among patent practitioners is that the Court of Appeals for the Federal Circuit does not provide the predictability needed in patent law. The author suggests that a better question is whether the Federal Circuit provides more predictability than the alternative, the regional circuits. The choice is clear, the Federal Circuit provides greatly enhanced predictability compared to the regional circuits and patent practitioners should be thankful for what they have, and do not have.
The Next Wave: Federal Regulatory, Intellectual Property, And Tort Liability Considerations For Medical Device Software, 2 J. Marshall Rev. Intell. Prop. L. 259 (2003), Paul A. Mathew
UIC Review of Intellectual Property Law
Counsel for the medical software technologist faces an unusually complex, ongoing, high-stakes challenge. Counsel operates in a special field of commercial, legal and regulatory forces: (1) intellectual property laws which govern the expression and protection of commercial rights derived from advances in medical science and technology; (2) existing and proposed contracts/warranty laws that govern technological commercial relationships; (3) negligence, professional liability, and product liability laws that govern the marketing of medical technologies; and, (4) a new body of regulation derived from the power of the federal government to indirectly provide for the safety, effectiveness, privacy, and security of medical technologies …
Mary Mary Quite Contrary How Does Your Biodiverse Garden Grow? An Overview Of Intellectual Property Protections For Plants In The United States, Europe, And Japan, 2 J. Marshall Rev. Intell. Prop. L. 307 (2003), Jacqueline M. Cohen
UIC Review of Intellectual Property Law
As we enter further into the boom of the biotechnology era, the role that plants play in our everyday lives continues to grow increasingly more important. This article seeks to provide a general outline of the protections available on a national, as well as, international level for new plant varieties produced through both genetic engineering processes utilized by the biotechnology field, as well as, the "older" methods, such as cross germination, splicing, etc. that are still successfully being utilized by the general scientific community. In the broadest sense this article is designed to help those who are unfamiliar with the …
No-Copy Technology And The Copyright Act: Has The Music Industry Been Allowed To Go Too Far In Diminishing The Consumers’ Personal Use Rights In The Digital World?, 2 J. Marshall Rev. Intell. Prop. L. 337 (2003), Kevin C. Earle
UIC Review of Intellectual Property Law
Record companies have in recent years begun production of compact discs containing “no-copy” technology. These CDs appear to be classic CDs but are alleged to have poorer sound quality and often will not play in computers. The recording industryhas used this and other methods to stem the increasing popularity of CD copying and unauthorized music file distribution online. While the right of copyright owners to protect their intellectual property is well established, it is arguable that the methoddescribed herein interferes with a consumer’s right to make personal use of legally purchased content. Such right is alleged to stem from the …
The Inevitable Disclosure Doctrine In Illinois: Is It An Inevitable Mistake?, 2 J. Marshall Rev. Intell. Prop. L. 379 (2003), Juliet Ruth Otten
The Inevitable Disclosure Doctrine In Illinois: Is It An Inevitable Mistake?, 2 J. Marshall Rev. Intell. Prop. L. 379 (2003), Juliet Ruth Otten
UIC Review of Intellectual Property Law
In several recent decisions, Illinois courts have established that an ex-employee may be restrained from using information from their former employer, that will be "inevitably disclosed", even when no non-competition agreement existed between the employee and the employer. The use of this"inevitable disclosure" doctrine allows Illinois courts to create quasi non-competition agreements even where there has been no actual or threatened misappropriation of an employer's information. This comment proposes that Illinois courts should apply the inevitable disclosure doctrine only when several limiting factors are met and, instead, should encourage employers to use reasonable confidentiality agreements so that neither the employer's …
Can This Brokered Marriage Be Saved? The Changing Relationship Between The Supreme Court And Federal Circuit In Patent Law Jurisprudence, 2 J. Marshall Rev. Intell. Prop. L. 201 (2003), Debra D. Peterson
UIC Review of Intellectual Property Law
Congress created the Federal Circuit, in part, to provide uniformity in patent decisions throughout the United States and stability in patent law. During the first decade of the Federal Circuit’s existence, the Supreme Court largely deferred to the Federal Circuit in patent law decisions. However, the Supreme Court’s initial deference to the Federal Circuit has since been replaced by critical view of the Federal Circuit’s decisions and its decision-making processes. This article proposes that the Supreme Court has correctly abandoned its deferential mindset toward the Federal Circuit since the Federal Circuit was never intended to be the de facto Supreme …
Protecting Minor Improvements On Core Patents: Complementing Traditional Patent Protection With Strategic Disclosure, 2 J. Marshall Rev. Intell. Prop. L. 398 (2003), Todd E. Rinner
UIC Review of Intellectual Property Law
Managing intellectual property in a manner that achieves its full value is a priority for companies of all types and sizes. Rather than viewing defensive publications as strictly an alternative to patenting, it should be seen as an efficient complement to be utilized in combination with patenting. The development of minor improvements on major inventions presents an attractive situation for combining strategic disclosure with traditional patent protection. Publishing information about a minor improvement will create prior art and prevent competitors from obtaining a patent.By publishing incremental innovations to core patents, a firm can achieve the initialpatent protection necessary to create …
A Hollow Victory For The Common Law? Trips And The Moral Rights Exclusion, 2 J. Marshall Rev. Intell. Prop. L. 321 (2003), Monica Kilian
A Hollow Victory For The Common Law? Trips And The Moral Rights Exclusion, 2 J. Marshall Rev. Intell. Prop. L. 321 (2003), Monica Kilian
UIC Review of Intellectual Property Law
With the adoption of moral rights legislation in the United Kingdom and the United States, it appeared that moral rights were on the way to becoming acceptable in Anglo-American jurisdictions. However, the adoption of the TRIPs Agreement expressly excluded the moral rights provision of the Berne Convention. TRIPs signals that all is not well with the integration of moral rights into common law societies. This Article discusses the issues that hamper the acceptance of moral rights. This Article concludes that by bringing economic and moral rights into the same arena and softening the dichotomy of economic versus personal rights, the …
Research Versus Development: Patent Pooling, Innovation And Standardization In The Software Industry, 1 J. Marshall Rev. Intell. Prop. L. 274 (2002), Daniel Lin
UIC Review of Intellectual Property Law
Despite the impressive pace of modern invention, a certain “patent thicket” effect that may be impeding what has become an increasingly difficult road to the commercialization of new technologies. Specifically, as new technologies build upon old technologies, they necessarily become increasingly complex, and as a result, are often subject to the protection of multiple patents, covering both the new cumulative technologies as well as old foundational technologies. The difficulties of acquiring licenses (e.g. hold-out problems) for all such patents has the potential to stifle the development and commercialization of these new technologies. As such, patent pooling, once condemned as facilitating …
On Red-Haired Waitresses, Shakespeare, And Product Configuration: A Response To Justice Stevens, 1 J. Marshall Rev. Intell. Prop. L. 218 (2002), Kenneth L. Port
On Red-Haired Waitresses, Shakespeare, And Product Configuration: A Response To Justice Stevens, 1 J. Marshall Rev. Intell. Prop. L. 218 (2002), Kenneth L. Port
UIC Review of Intellectual Property Law
Justice John Paul Stevens’ Inaugural Lecture in Trademark Law honoring Beverly Pattishall truly is a memorable read. Justice Stevens has provided a clear rationale for the Supreme Court’s most recent line of trade dress cases that most thought impossible. In fact, most have not even thought that there was a rationale, let alone a clear one, to a line of cases where the Court seems to be straining to balance the competing interests in American trademark jurisprudence. Rather than the arbitrary conclusion reached by the Supreme Court in distinguishing product configuration from product packaging, most commentators have recommended a more …
Section 43(A) Of The Shakespeare Canon Of Statutory Construction: The Beverly W. Pattishall Inaugural Lecture In Trademark Law, 1 J. Marshall Rev. Intell. Prop. L. 179 (2002), John Paul Stevens
UIC Review of Intellectual Property Law
Beverly Pattishall is a name that has secondary meaning for law students, for veteran trial lawyers—especially those seeking a more courteous and collegial bar—and for bar associations at the local, the national, and indeed the international level. It is fitting that a lecture series be dedicated to a quintessential “scholar and gentleman.” The Shakespeare Canon of Statutory Construction, like all of Shakespeare’s plays, contains five parts: Read the statute; read the entire statute; read the statute in its contemporary context; if necessary, consult the legislative history; and, finally, use your common sense. Section 43(a) of the Lanham Act has required …
Effective Appellate Practice Before The Federal Circuit, 2 J. Marshall Rev. Intell. Prop. L. 1 (2002), Richard Linn
Effective Appellate Practice Before The Federal Circuit, 2 J. Marshall Rev. Intell. Prop. L. 1 (2002), Richard Linn
UIC Review of Intellectual Property Law
Like our sister appellate courts, we are a “court of errors.” We do not re-try cases. Our charge is to review proceedings in the courts and administrative agencies over which we have appellate jurisdiction and to correct errors that affect the outcome of those proceedings. Our ability to do that effectively and efficiently depends in large measure on how well the members of the practicing bar bring the errors to our attention for adjudication. To assist the bar in this task, I make the following observations and offer a few suggestions on what I have learned about effective appellate practice …
Business Method Patents: Are There Any Limits?, 2 J. Marshall Rev. Intell. Prop. L. 30 (2002), Bradley C. Wright
Business Method Patents: Are There Any Limits?, 2 J. Marshall Rev. Intell. Prop. L. 30 (2002), Bradley C. Wright
UIC Review of Intellectual Property Law
No abstract provided.
A Practical Solution To Claim Construction: Stopgap Measures While Waiting For Reform, 2 J. Marshall Rev. Intell. Prop. L. 138 (2002), Stephen L. Sheldon
A Practical Solution To Claim Construction: Stopgap Measures While Waiting For Reform, 2 J. Marshall Rev. Intell. Prop. L. 138 (2002), Stephen L. Sheldon
UIC Review of Intellectual Property Law
No abstract provided.
"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long
"Unitorrial" Marks And The Global Economy, 1 J. Marshall Rev. Intell. Prop. L. 191 (2002), Doris E. Long
UIC Review of Intellectual Property Law
The early decades of the 21st Century may well become known in the annals of intellectual property development as the period when “everything old is new again.” There is one ancient doctrine that has not yet enjoyed a similar renaissance, despite its clear application to today’s new, global, digital economy. It is the old (and currently discredited) view that trademarks and other commercial symbols are universal in nature. First given credence in early US cases regarding the importation of grey market, or parallel imports, the doctrine of universality was gradually replaced by a view of trademarks as creatures of nation …
Trade Dress Protection And The Problem Of Distinctiveness, 1 J. Marshall Rev. Intell. Prop. L. 225 (2002), Mark V.B. Partridge
Trade Dress Protection And The Problem Of Distinctiveness, 1 J. Marshall Rev. Intell. Prop. L. 225 (2002), Mark V.B. Partridge
UIC Review of Intellectual Property Law
The problem of trade dress protection is this: What rules should we apply to trade dress protection to best satisfy the goals of trademark law? The merit of various proposed solutions can be measured by evaluating how effective they are in achieving those goals in various disputes. Both distinctiveness and likelihood of confusion should be understood from the perspective of the relevant public, not from that of the court, the trademark owner or the infringer. The questions we seek to answer only have coherent meaning if we consider the perception of the public. Otherwise, we are unable to determine if …
The Three Stages To Successful Appellate Advocacy Before The Federal Circuit, 1 J. Marshall Rev. Intell. Prop. L. 238 (2002), Charles W. Shifley
The Three Stages To Successful Appellate Advocacy Before The Federal Circuit, 1 J. Marshall Rev. Intell. Prop. L. 238 (2002), Charles W. Shifley
UIC Review of Intellectual Property Law
To succeed at the CAFC, the advocate must succeed in three stages of appeal. The first stage of appeal is actually the stage of proceedings in the trial court. The trial court proceedings are the first stage of appeal because in the absence of correct advocacy in the trial court, there is no opportunity for appeal. The action in the trial court need not be the success of winning at trial. It must, however, at least be the success of preserving issues for appeal – preserving critical error that cannot be remedied at the trial level. In the second stage …
An Enzo White Paper: A New Judicial Standard For A Biotechnology "Written Description" Under 35 U.S.C. § 112, ¶ 1, 1 J. Marshall Rev. Intell. Prop. L. 254 (2002), Harold C. Wegner
An Enzo White Paper: A New Judicial Standard For A Biotechnology "Written Description" Under 35 U.S.C. § 112, ¶ 1, 1 J. Marshall Rev. Intell. Prop. L. 254 (2002), Harold C. Wegner
UIC Review of Intellectual Property Law
The April 2, 2002, Federal Circuit opinion in Enzo Biochem, Inc. v. Gen-Probe Inc., may have the greatest potential impact on a multidimensional basis of any decision from that court in recent years. Far more important than whatever disruption takes place domestically—which may be fixed through Congressional or further judicial action—one must look to the foreign impact of the Enzo opinion. This decision threatens to undermine the patent basis for American protection of biotechnology inventions abroad, once the case is understood and embodied in the several foreign patent laws. Problems with Enzo are not limited to biotechnology. What’s good for …
Go To Jail - Do Not Pass Go, Do Not Pay Civil Damages: The United States’ Hesitation Towards The International Convention On Cybercrime’S Copyright Provisions, 1 J. Marshall Rev. Intell. Prop. L. 364 (2002), Adrienne N. Kitchen
UIC Review of Intellectual Property Law
The problem of combating copyright infringement increases tenfold when considered in light of today’s global and digital environment. As more authors seek copyright protection, others seek to get around it by evading jurisdictional reach. The Council of Europe has developed the world’s first International Convention on Cybercrime, which incorporates harsh substantive copyright provisions but neglects to include effective enforcement protocols. This Comment proposes that the United States not rush to adopt the Council of Europe’s Convention, but rather seek a more definitive and effective solution in a singularly-focused agreement on intellectual property rights in a global economic context.
Prosecution Laches As A Defense To Infringement: Just In Case There Are Any More Submarines Under Water, 1 J. Marshall Rev. Intell. Prop. L. 383 (2002), Gregory F. Sutthiwan
Prosecution Laches As A Defense To Infringement: Just In Case There Are Any More Submarines Under Water, 1 J. Marshall Rev. Intell. Prop. L. 383 (2002), Gregory F. Sutthiwan
UIC Review of Intellectual Property Law
The comment examines prosecution history laches as an infringement defense in the context of the pending litigation against the Jerome Lemelson Medical Education & Research Foundation. Jerome Lemelson amassed over five hundred patents during his lifetime. Of these, a few key patents have priority based on initial disclosures over forty years ago. Through multiple continuances however, the patents were not issued until decades later and are thus currently enforceable. Lemelson’s foundation has been aggressively seeking royalties based on these, so called “submarine patents,” against bar-code technology users. This comment discusses the problems posed by “submarine patents” and proposes guidelines for …
The Nexus Requirement And The Fatal Injury: Does An Offer To Sell An Infringing Product Give Rise To A Duty To Defend Under A Cgl?, 1 J. Marshall Rev. Intell. Prop. L. 344 (2002), Willard L. Hemsworth Iii
The Nexus Requirement And The Fatal Injury: Does An Offer To Sell An Infringing Product Give Rise To A Duty To Defend Under A Cgl?, 1 J. Marshall Rev. Intell. Prop. L. 344 (2002), Willard L. Hemsworth Iii
UIC Review of Intellectual Property Law
Case law in the area of patent infringement has held that patent infringement cannot occur in the course of an insured's advertising activities as a matter of law. In 1996, the United States added “offer to sell” as one of the enumerated offenses of direct patent infringement to 35 U.S.C. §271(a). Since that time, there has been little deviation or fluctuation from the above mentioned principle, especially in litigation where a patentee’s search for insurance coverage from their CGL policies “Adverting Injury” provision. This Comment discusses the necessity of the court system to reexamine the modification to 35 U.S.C. §271(a), …
Employee Inventors, The Dual Ladder, And The Useful Arts: From Thomas Paine To The "Dilbert Boycott", 1 J. Marshall Rev. Intell. Prop. L. 310 (2002), Ronald E. Andermann
Employee Inventors, The Dual Ladder, And The Useful Arts: From Thomas Paine To The "Dilbert Boycott", 1 J. Marshall Rev. Intell. Prop. L. 310 (2002), Ronald E. Andermann
UIC Review of Intellectual Property Law
To address limitations on the promotion of the progress of the useful arts, the Framers provided a Constitutional grant in the Patent Clause. They did so despite Thomas Jefferson’s concerns. However, limitations on the promotion of the useful arts continue today, often in very subtle ways. The evolution of dual-ladder corporate organizations as described in Martens has given rise to one such limitation—the phenomenon identified as the “Dilbert boycott.” Also, financially lucrative markets can give rise to abusive limitations on the promotion of the useful arts as in Synthroid. Combining these limitations with Thomas Jefferson’s fears of even limited monopolies …
The Genetic Age: Who Owns The Genome?: A Symposium On Intellectual Property And The Human Genome, 2 J. Marshall Rev. Intell. Prop. L. 6 (2002), Scott A. Brown, Q. Todd Dickinson, Stephen P.A. Fodor, Justin Gillis, Lee H. Hamilton, Eric S. Lander, Pilar Ossorio
The Genetic Age: Who Owns The Genome?: A Symposium On Intellectual Property And The Human Genome, 2 J. Marshall Rev. Intell. Prop. L. 6 (2002), Scott A. Brown, Q. Todd Dickinson, Stephen P.A. Fodor, Justin Gillis, Lee H. Hamilton, Eric S. Lander, Pilar Ossorio
UIC Review of Intellectual Property Law
A Symposium on Intellectual Property Co-Sponsored by The Woodrow Wilson Center. Featuring the remarks of Scott A. Brown, J.D.; Q. Todd Dickinson, J.D.; Stephen P.A. Fodor, Ph.D.; Justin Gillis; Hon. Lee H. Hamilton; Eric S. Lander, Ph.D.; and Pilar Ossorio, Ph.D., J.D.
"Interpretive Necromancy" Or Prudent Patent Policy? The Supreme Court’S “Arising Under” Blunder In Holmes Group V. Vornado, 2 J. Marshall Rev. Intell. Prop. L. 57 (2002), Janice M. Mueller
"Interpretive Necromancy" Or Prudent Patent Policy? The Supreme Court’S “Arising Under” Blunder In Holmes Group V. Vornado, 2 J. Marshall Rev. Intell. Prop. L. 57 (2002), Janice M. Mueller
UIC Review of Intellectual Property Law
No abstract provided.
An Information Society Approach To Privacy Legislation: How To Enhance Privacy While Maximizing Information Value, 2 J. Marshall Rev. Intell. Prop. L. 71 (2002), Dana Beldiman
UIC Review of Intellectual Property Law
No abstract provided.
Mickey Mouse & Sonny Bono Go To Court: The Copyright Term Extension Act And Its Effect On Current And Future Rights, 2 J. Marshall Rev. Intell. Prop. L. 95 (2002), Victoria A. Grzelak
Mickey Mouse & Sonny Bono Go To Court: The Copyright Term Extension Act And Its Effect On Current And Future Rights, 2 J. Marshall Rev. Intell. Prop. L. 95 (2002), Victoria A. Grzelak
UIC Review of Intellectual Property Law
No abstract provided.
Has The Reasonable Experimentation Doctrine Become Unreasonable?: Rethinking The Reasonable Experimentation Doctrine In Light Of Automated Experimental Techniques, 2 J. Marshall Rev. Intell. Prop. L. 116 (2002), Mark H. Hopkins
UIC Review of Intellectual Property Law
No abstract provided.