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Intellectual Property Law Commons™

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2001

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Articles 1 - 30 of 206

Full-Text Articles in Intellectual Property Law

Informing Law Curricula: Modifying First-Year Courses To Reflect The Information Revolution, William B.T. Mock Dec 2001

Informing Law Curricula: Modifying First-Year Courses To Reflect The Information Revolution, William B.T. Mock

Journal of Legal Education

No abstract provided.

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Facilitating Access Of Aids Drugs While Maintaining Strong Patent Protection, Dana Ziker Dec 2001

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?

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The Legal Aspects Of Knowledge Management, T S Suresh Dec 2001

The Legal Aspects Of Knowledge Management, T S Suresh

IIMB Management Review

No abstract provided.

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Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett Dec 2001

Roundtable Panel Iii: Digital Audio, Michael Carlinsky, Steven Fabrizio, Katherine Forrest, Nic Garnett

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims Dec 2001

Roundtable Panel I: Database Protection, Robert Eisenbach, Lisa Ferri, Robert Gibbons, Charles Sims

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Welcome 2001 Symposium – Fair Use, Public Domain Or Piracy… Should The Digital Exchange Of Copyrighted Works Be Permitted Or Prevented?, Christopher Pennisi Dec 2001

Welcome 2001 Symposium – Fair Use, Public Domain Or Piracy… Should The Digital Exchange Of Copyrighted Works Be Permitted Or Prevented?, Christopher Pennisi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Non-Obvious Made Obviousinventiveness, Innovation, Ipr And The Scientific Enterprise, Pavan K Mamidi Dec 2001

Non-Obvious Made Obviousinventiveness, Innovation, Ipr And The Scientific Enterprise, Pavan K Mamidi

IIMB Management Review

No abstract provided.

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Introduction To Keynote Address, John D. Feerick Dec 2001

Introduction To Keynote Address, John D. Feerick

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Application Of The Essential Facilities Doctrine To Intellectual Property Licensing In The European Union And The United States: Are Intellectual Property Rights Still Sacrosanct?, Sergio Baches Opi Dec 2001

The Application Of The Essential Facilities Doctrine To Intellectual Property Licensing In The European Union And The United States: Are Intellectual Property Rights Still Sacrosanct?, Sergio Baches Opi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt Dec 2001

Roundtable Panel Ii: Digital Video, Andrew Appel, Jeffrey Cunard, Martin Garbus, Edward Hernstadt

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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Keynote Address Digital Technology And Digital Piracy Issues, Jesse Feder Dec 2001

Keynote Address Digital Technology And Digital Piracy Issues, Jesse Feder

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

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The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk Dec 2001

The Slippery Slope Of Secrecy: Why Patent Law Preempts Reverse-Engineering Clauses In Shrink-Wrap Licenses, John E. Mauk

William & Mary Law Review

No abstract provided.

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Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner Dec 2001

Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner

Michigan Law Review

During patent infringement litigation, the Federal Rules of Civil Procedure ("FRCP") and the federal district court's local rules govern the parties' pretrial discovery and motion practice. The U.S. District Court for the Northern District of California has adopted the most comprehensive local rules to date covering pretrial procedures in the patent litigation context. The Northern District of California Patent Local Rules ("Local Rules") may come to have a significant impact throughout the federal courts, as it appears that other jurisdictions and commentators are looking to the Local Rules for guidance. For instance, the American Bar Association Section of Intellectual Property …

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Cybernetic Implications For The U.C.C., Stephen Dirksen, Kyle Grimshaw Nov 2001

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.

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Musicnet & Pressplay: To Trust Or Antitrust?, Kelly Donohue Nov 2001

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.

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Copyright Law And Price Discrimination, Michael J. Meurer Nov 2001

Copyright Law And Price Discrimination, Michael J. Meurer

Cardozo Law Review

No abstract provided.

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Transmissions Of Music On The Internet: An Analysis Of The Copyright Laws Of Canada, France, Germany, Japan, The United Kingdom, And The United States, Daniel J. Gervais Nov 2001

Transmissions Of Music On The Internet: An Analysis Of The Copyright Laws Of Canada, France, Germany, Japan, The United Kingdom, And The United States, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

This Article examines the status of copyright laws in several countries as they pertain to transmissions of music on the Internet. Because the exact legal ramifications of music transmissions over the Internet are currently unclear, the Author compares copyright laws of six major markets and examines the potential application of the copyright laws and other rights that may apply. The Article also discusses rules concerning which transborder transmissions are likely to be covered by a country's national laws, as well as specific rules applying to the liability of intermediaries. Next, the Article summarizes the comparative findings and discusses the relevant …

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Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande Nov 2001

Why Are We So Reluctant To "Execute" Microsoft?, Robert H. Lande

All Faculty Scholarship

On June 28, 2001, the D.C. Court of Appeals held that Microsoft has violated the antitrust laws repeatedly, relentlessly, and over a multi-year period. The court ruled eight separate times that Microsoft engaged in conduct that illegally maintained its monopoly in PC operating systems. Despite these strongly worded conclusions concerning Microsoft’s liability, the court was extremely cautious when it considered whether to break up the company. It held that divestiture was a “radical” remedy that should be imposed with “great caution.”

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A Victory For The Student Researcher: Chou V. University Of Chicago, Kyle Grimshaw Oct 2001

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.

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Festo'S Effect On After-Arising Technology And The Doctrine Of Equivalents, Anthony H. Azure Oct 2001

Festo'S Effect On After-Arising Technology And The Doctrine Of Equivalents, Anthony H. Azure

Washington Law Review

In Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., the Federal Circuit adopted a strict approach to prosecution history estoppel and thereby limited the availability of the doctrine of equivalents to patentees suing for infringement by after-arising technology. The court held that when a narrowing claim amendment creates prosecution history estoppel, the amended claim element maintains no range of equivalents and therefore the patentee is completely barred from applying the doctrine of equivalents. The court rejected the flexible approach, which allows a scope of equivalents even after a narrowing claim amendment. This Note argues that the Supreme Court should …

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Fuel For Thought: Clean Gasoline And Dirty Patents, Scott H. Segal Oct 2001

Fuel For Thought: Clean Gasoline And Dirty Patents, Scott H. Segal

American University Law Review

No abstract provided.

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Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis Oct 2001

Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis

Indiana Journal of Global Legal Studies

No abstract provided.

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Patenting Resources: Biotechnology And The Concept Of Sustainable Development, Yvonne Cripps Oct 2001

Patenting Resources: Biotechnology And The Concept Of Sustainable Development, Yvonne Cripps

Indiana Journal of Global Legal Studies

No abstract provided.

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Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji Oct 2001

Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji

Indiana Journal of Global Legal Studies

No abstract provided.

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Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law Oct 2001

Trade Secrets, Non-Competes, And Unfair Competition, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on Trade Secrets, Non-Competes, and Unfair Competition held by UK/CLE in October 2001.

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Enlightening Identity And Copyright, Shubha Ghosh Oct 2001

Enlightening Identity And Copyright, Shubha Ghosh

Buffalo Law Review

No abstract provided.

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A Proactive Solution To The Inherent Dangers Of Biotechnology: Using The Invention Secrecy Act To Restrict Disclosure Of Threatening Biotechnology Patents, James W. Parrett Jr. Oct 2001

A Proactive Solution To The Inherent Dangers Of Biotechnology: Using The Invention Secrecy Act To Restrict Disclosure Of Threatening Biotechnology Patents, James W. Parrett Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

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Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein Oct 2001

Intellectual Property: Old Boundaries And New Frontiers, Richard A. Epstein

Indiana Law Journal

Addison C. Harris Lecture, November 9,2000.

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Digital Information, Licensing, And The Threat To Fair Use, James S. Heller Oct 2001

Digital Information, Licensing, And The Threat To Fair Use, James S. Heller

Library Staff Publications

No abstract provided.

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The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld Oct 2001

The Perfect Caper?: Private Damages And The Microsoft Case, Robert H. Lande, James Langenfeld

All Faculty Scholarship

As readers of crime novels know, there are many definitions of the perfect caper. Under most, the perpetrator gets to keep its ill-gotten gains and goes unpunished. Even if the perpetrator is arrested and brought to trial, he or she still typically escapes punishment completely due to a variety of unusual circumstances. This is essentially what Professors John E. Lopatka and William H. Page are arguing about Microsoft's actions. They assert that even though Microsoft has violated the antitrust laws, it will not be made to pay for its anticompetitive conduct, at least not by private plaintiffs.

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