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Articles 241 - 270 of 341
Full-Text Articles in Intellectual Property Law
Dividing The (Statutory) Baby Under Anton/Bauer: Using The Doctrine Of Implied License To Circumvent § 271(C) Protection For Components Of A Patented Combination, 3 J. Marshall Rev. Intell. Prop. L. 355 (2004), Daniel M. Lechleiter
UIC Review of Intellectual Property Law
In proscribing contributory infringement of patents, § 271(c) of Title 35 of the United States Code unambiguously provides statutory protection for certain unpatented components of patented combinations and certain unpatented materials or apparatuses used in patented processes. The doctrine of implied license provides a viable defense against claims of contributory infringement. Such a finding may result from a variety of related doctrines, such as the exhaustion doctrine or the doctrine of equitable estoppel. However, unlike the Supreme Court’s application of the former doctrine in Dawson Chemical Co. v. Rohm & Haas Co., involving an unpatentedchemical used in a patented process, …
What A Long, Strange “Trips” It’S Been: Compulsory Licensing From The Adoption Of Trips To The Agreement On Implementation Of The Doha Declaration, 3 J. Marshall Rev. Intell. Prop. L. 331 (2004), Mark C. Lang
UIC Review of Intellectual Property Law
Startling numbers of people die every day because they do not have access to essential medicines and treatment for diseases such as HIV/AIDS, particularly in Africa and Asia. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was established by the World Trade Organization (WTO) to set a minimum level of protection of intellectual property rights across international borders, as well as promote and protect the welfare of humanity. This Comment reviews the history of the TRIPS Agreement, including the most recent adoption of the WTO relating to the issuance of compulsory licenses. Specifically, this Comment suggests that the …
“Shamnesty” Vs. Amnesty: Can The Riaa Grant Immunity To File-Sharers From Copyright Infringement Lawsuits?, 3 J. Marshall Rev. Intell. Prop. L. 279 (2004), Natosha Cuyler-Sherman
“Shamnesty” Vs. Amnesty: Can The Riaa Grant Immunity To File-Sharers From Copyright Infringement Lawsuits?, 3 J. Marshall Rev. Intell. Prop. L. 279 (2004), Natosha Cuyler-Sherman
UIC Review of Intellectual Property Law
The Recording Industry Association of America (RIAA) is the industry trade association for sound and music recordings and represents various music companies, songwriters, and music artists. One of the main functions of the RIAA is to enforce its members’ copyrights. The RIAA is currently representing members in copyright infringement lawsuits. As an alternative to being sued, the RIAA announced that it would grant amnesty to file sharers who voluntarily identified themselves and promised to stop illegally sharing music. In reality, non-RIAA members and even RIAA members themselves can still sue file sharers because the organization itself does not have the …
Recent Developments In Trademark Law: The Ongoing Refinement Of Rights, 3 J. Marshall Rev. Intell. Prop. L. 258 (2004), Chad Doellinger
Recent Developments In Trademark Law: The Ongoing Refinement Of Rights, 3 J. Marshall Rev. Intell. Prop. L. 258 (2004), Chad Doellinger
UIC Review of Intellectual Property Law
The year 2003 saw a great deal of activity in the ongoing development of trademark law. While the law both reconnected with its bricks-and-mortar roots and expanded to accommodate new fact patterns in the late 1990’s and early 2000’s, 2003 saw the beginning of a doctrinal contraction, with a requirement to tie inchoate harms to empirical foundations. Additionally, several issues of first impression were resolved, including the conclusion that domain names are a form of property. While 2003 saw a contraction of trademark rights, this is not necessarily a negative development for trademark owners. Instead, courts are merely refining the …
Navigating The Bramble Bush In Idea Submission Cases, 4 J. Marshall Rev. Intell. Prop. L. 36 (2004), Lisa Pearson
Navigating The Bramble Bush In Idea Submission Cases, 4 J. Marshall Rev. Intell. Prop. L. 36 (2004), Lisa Pearson
UIC Review of Intellectual Property Law
Today’s law of idea submissions is a proverbial bramble bush for a variety of reasons. Both the legal theories of recovery and the viability of such claims differ widely from state to state. In addition, notwithstanding the vast body of idea-submission law, there are still many open issues. These complex, fact-specific cases still manage to ensnare plaintiffs and defendants alike in years of litigation. As such, finding one’s way through the bramble bush to defend against idea submission claims is a daunting task. This article provides a map designed to help the litigator navigate the thicket. Following the trail is …
The Accidental And Inherent Anticipation Doctrines: Where Do We Stand And Where Are We Going?, 4 J. Marshall Rev. Intell. Prop. L. 63 (2004), Anne Brown, Mark Polyakov
The Accidental And Inherent Anticipation Doctrines: Where Do We Stand And Where Are We Going?, 4 J. Marshall Rev. Intell. Prop. L. 63 (2004), Anne Brown, Mark Polyakov
UIC Review of Intellectual Property Law
It is often unclear when a prior occurrence or disclosure of a claimed invention falls under the patent law doctrines of inherent or accidental anticipation. Courts have applied various tests in determining whether anticipation is inherent or accidental, and the cases are difficult to reconcile. Tests seemingly dispositive to establish an accident in one case may also appear dispositive to establish inherency. As a result of our analysis, we have developed a two-step test that can be used to reconcile the two doctrines and determine whether a product or process anticipates. The first prong is concerned with whether the prior …
Trademark Surveys: Development Of Computer-Based Survey Methods, 4 J. Marshall Rev. Intell. Prop. L. 91 (2004), Robert H. Thornburg
Trademark Surveys: Development Of Computer-Based Survey Methods, 4 J. Marshall Rev. Intell. Prop. L. 91 (2004), Robert H. Thornburg
UIC Review of Intellectual Property Law
Courts have continually utilized surveys to show evidence of secondary meaning, genericness, dilution, and functionality in trademark litigation. In conducting a trademark survey, an expert must consider various factors that may affect the admissibility of the survey in court, including assuring the correct universe of respondents are questioned, implementing controls, and verifying the results. In light of these considerations, as well as the ever-changing environment of consumer shopping, the manner and mode of survey that a court accepts as appropriate must adapt to these conditions. The use and acceptance of online and computer-based surveys is not currently well received by …
Football's Intellectual Side: The Nfl Versus Super Bowl Parties And The Story Of The Fifty-Five Inch Television, 4 J. Marshall Rev. Intell. Prop. L. 125 (2004), Michael M. Fenwick
Football's Intellectual Side: The Nfl Versus Super Bowl Parties And The Story Of The Fifty-Five Inch Television, 4 J. Marshall Rev. Intell. Prop. L. 125 (2004), Michael M. Fenwick
UIC Review of Intellectual Property Law
The increasing popularity of the National Football League’s Super Bowl Championship has spawned an increasing number of private parties, some that employ projection-screen televisions measuring up to twenty feet diagonally. Only days before the 2004 Super Bowl, the NFL sent cease-and-desist letters to a number of business proprietors claiming display of the broadcast on televisions larger than fifty-five inches diagonally violated the NFL’s rights under 17 U.S.C. § 110(5). This Comment will show that because 17 U.S.C. § 110(5) was written to protect authors within the music industry, its application to broadcast television fails because of television’s fundamentally different business …
Developments In Patent Law 2004, 4 J. Marshall Rev. Intell. Prop. L. 1 (2004), Harold C. Wegner
Developments In Patent Law 2004, 4 J. Marshall Rev. Intell. Prop. L. 1 (2004), Harold C. Wegner
UIC Review of Intellectual Property Law
There are a great number of patent law doctrines that are currently under reconsideration by the Federal Circuit. These doctrines include patent claim construction under the 2006 Phillips case, the problem of foreign activity being used as patent-defeating prior art as shown in the recent Elsner case, the growing challenge of extraterritorial acts as patent infringement as presented in the 2004 expected cases of Blackberry and Eolas, the “Rule 105” implications for patent office practice in Sta Fruits, the change in willful infringement law set forth in the recent KnorrBremse case, the continuing problem of co-inventorship recurring in Xechem, the …
Reducing The Need For Markman Determinations, 4 J. Marshall Rev. Intell. Prop. L. 53 (2004), Robert H. Resis
Reducing The Need For Markman Determinations, 4 J. Marshall Rev. Intell. Prop. L. 53 (2004), Robert H. Resis
UIC Review of Intellectual Property Law
The uncertainty as to whether claim interpretation decisions will survive appeal is an ever growing concern as the Federal Circuit’s reversal rate of lower court claim interpretations averages fifty percent. At a minimum, uncertainty in claim construction prolongs patent infringement disputes. Moreover, the reality is that many times it is the uncertainty of a claim’s scope and meaning that leads to litigation in the first place. In order to alleviate this stress on patentees, competitors and the federal court system, most if not all questions regarding the scope and meaning of claim terms should be clarified by the applicant during …
Does David Need A New Sling? Small Entities Face A Costly Barrier To Patent Protection, 4 J. Marshall Rev. Intell. Prop. L. 184 (2004), Jeff A. Ronspies
Does David Need A New Sling? Small Entities Face A Costly Barrier To Patent Protection, 4 J. Marshall Rev. Intell. Prop. L. 184 (2004), Jeff A. Ronspies
UIC Review of Intellectual Property Law
The cost of enforcing patent rights is discouraging the small-entity inventor from seeking out patent protection. The United States Patent and Trademark Office favors the “small entity” by reducing fees, but the world of infringement litigation offers no such discount. For the small entity, the costs related to asserting or defending its patent rights against a well-funded adversary often exceed the benefits of patent ownership. These inventors, in weighing the high costs of patent protection against the potential profits, may simply choose to not patent their innovations. Such a decision would deprive the public of the invention’s disclosure and ultimately …
The Ethics Of Delaying Persecution, Lisa A. Dolak
The Ethics Of Delaying Persecution, Lisa A. Dolak
American University Law Review
No abstract provided.
Patent Politics, Michael Henry Davis
Patent Politics, Michael Henry Davis
Law Faculty Articles and Essays
To observe that so-called intellectual property (IP) flowered in the late twentieth century, even supplanting, to a large extent, the place of real and tangible personal property in terms of corporate, if not individual, wealth, is almost trite. Since IP has become the bedrock of most commercial wealth, especially in international trade, and since international trade is, or is about to become, the center of most commercially valuable trade, a comprehensive understanding of IP has become essential. Instead of being the reserve of technicians, the field demands a full examination by jurists and the larger society.Although IP literature has blossomed, …
Trusted Computing Or Big Brother? Putting The Rights Back In Digital Rights Management, Chad Woodford
Trusted Computing Or Big Brother? Putting The Rights Back In Digital Rights Management, Chad Woodford
University of Colorado Law Review
No abstract provided.
Life After Eldred: The Supreme Court And The Future Of Copyright, Marshall Leaffer
Life After Eldred: The Supreme Court And The Future Of Copyright, Marshall Leaffer
William Mitchell Law Review
No abstract provided.
Copyright, Containers, And The Court: A Reply To Professor Leaffer, Niels B. Schaumann
Copyright, Containers, And The Court: A Reply To Professor Leaffer, Niels B. Schaumann
William Mitchell Law Review
No abstract provided.
The Supreme Court And Trademark Law In The New Millennium, David S. Welkowitz
The Supreme Court And Trademark Law In The New Millennium, David S. Welkowitz
William Mitchell Law Review
No abstract provided.
Defenders Of Small Business?: A Perspective On The Supreme Court's Recent Trademark Jurisprudence, Sharon K. Sandeen
Defenders Of Small Business?: A Perspective On The Supreme Court's Recent Trademark Jurisprudence, Sharon K. Sandeen
William Mitchell Law Review
No abstract provided.
Contrived Conflicts: The Supreme Court Versus The Basics Of Intellectual Property Law, F. Scott Kieff
Contrived Conflicts: The Supreme Court Versus The Basics Of Intellectual Property Law, F. Scott Kieff
William Mitchell Law Review
No abstract provided.
Competition Perspectives On Patent Law Substance And Procedure: An Overview Of The Ftc/Doj Hearings And The Ftc Report, Hillary Greene
Competition Perspectives On Patent Law Substance And Procedure: An Overview Of The Ftc/Doj Hearings And The Ftc Report, Hillary Greene
Faculty Articles and Papers
No abstract provided.
The Incredible Shrinking First-Sale Rule: Are Software Resale Limits Lawful?, John A. Rothchild
The Incredible Shrinking First-Sale Rule: Are Software Resale Limits Lawful?, John A. Rothchild
Law Faculty Research Publications
No abstract provided.
Treaty Governance, Intellectual Property And Biodiversity, John Linarelli
Treaty Governance, Intellectual Property And Biodiversity, John Linarelli
Scholarly Works
When resources become valuable, various social and institutional pressures come to bear to enclose them in a property rights regime. Given the substantial progress of biotechnology and the life sciences, genetic resources found in biological diversity are experiencing such pressures. The question of how much commodification or commercialization of genetic resources is appropriate is of global concern; it affects the distribution of wealth in and among societies and countries. This article explores the emerging treaty law on intellectual property and biodiversity. It inquires What is biodiversity? and Why is biodiversity preservation important? It then focuses on the United Nations Framework …
Following The Right Lead: Gutnick And The Dance Of Internet Jurisdiction, Mary Paterson
Following The Right Lead: Gutnick And The Dance Of Internet Jurisdiction, Mary Paterson
Canadian Journal of Law and Technology
As improving methods of travel and communication facilitated the shift from an agrarian to an industrial society, the common law courts increasingly faced interjurisdictional disputes. Although British paternalism dominated early cases in which courts assumed jurisdiction over people, property, and actions in distant lands, these cases and the imperial attitudes informing them were slowly replaced by more modest jurisdictional assertions based on a sense of comity. The shift from an industrial society to an information-based society and the simultaneous growth of a global infrastructure based on satellite, telephone, cable, and cellular technologies have stretched jurisdictional doctrines in new ways, calling …
The Art And Science Of Genetic Modification: Re-Engineering Patent Law And Constitutional Orthodoxies (The Harry T. Ice Chair Inaugural Lecture), Yvonne Cripps
Indiana Journal of Global Legal Studies
The Harry T. Ice Chair Inaugural Lecture
When We Say UsTm, We Mean It!, A. Michael Froomkin
Equilibrium In A Technology-Specific Patent System, Mark D. Janis
Equilibrium In A Technology-Specific Patent System, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Supplemental Forms Of Intellectual Property Protection For Plants, Mark D. Janis
Supplemental Forms Of Intellectual Property Protection For Plants, Mark D. Janis
Articles by Maurer Faculty
A new hierarchy of intellectual property protection for plant innovation is emerging. Utility patent protection is poised to become the dominant intellectual property mechanism for plants in the U.S. and perhaps elsewhere. Plant breeder's rights systems continue to garner a dedicated following, especially in developing countries, as a means for complying with international intellectual property treaty obligations. But while utility patent and plant breeder's rights regimes have come to occupy the first tier of the intellectual property hierarchy for plants, other forms of intellectual property protection remain important, albeit in a supplemental role. This article surveys supplemental intellectual property strategies …
Reforming Patent Validity Litigation: The "Dubious Preponderance", Mark D. Janis
Reforming Patent Validity Litigation: The "Dubious Preponderance", Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Life After Eldred: The Supreme Court And The Future Of Copyright, Marshall Leaffer
Life After Eldred: The Supreme Court And The Future Of Copyright, Marshall Leaffer
Articles by Maurer Faculty
No abstract provided.
Patenting Business Methods In Europe: What Lies Ahead?, Matthew E. Fink
Patenting Business Methods In Europe: What Lies Ahead?, Matthew E. Fink
Indiana Law Journal
No abstract provided.