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Articles 211 - 240 of 450
Full-Text Articles in Intellectual Property Law
Symposium: Feminism And Dualism In Intellectual Property, Dan L. Burk
Symposium: Feminism And Dualism In Intellectual Property, Dan L. Burk
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Transcript: Comments On Panel 1, Christine Farley
Transcript: Comments On Panel 1, Christine Farley
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Introductory Remarks To Panel 2, Peter Jaszi
Symposium: Introductory Remarks To Panel 2, Peter Jaszi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: My Fair Ladies: Sex, Gender, And Fair Use In Copyright, Rebecca Tushnet
Symposium: My Fair Ladies: Sex, Gender, And Fair Use In Copyright, Rebecca Tushnet
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Molecules And Conflict: Cancer, Petents, And Women's Health, Eileen M. Kane
Symposium: Molecules And Conflict: Cancer, Petents, And Women's Health, Eileen M. Kane
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Comments On Panel 2, Peter Jaszi
Symposium: Comments On Panel 2, Peter Jaszi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng
Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng
American University Journal of Gender, Social Policy & the Law
No abstract provided.
"Heads-I-Win, Tails-You-Lose": The Predicament Legitimate Small Entities Face Post Ebay And The Essential Role Of Willful Infringement In The Four-Factor Permanent Injunction Analysis, 41 J. Marshall L. Rev. 189 (2007), William R. Everding
UIC Law Review
No abstract provided.
Judgment On Unfair Competition Dispute Between Baidu Online Network Technology (Beijing) Ltd. Co. And Beijing 3721 Technology Ltd. Co., Pengyue Li
Washington International Law Journal
On October 20, 2003, Baidu Online Network Technology (Beijing) Ltd., Co. (“Baidu”), a Nasdaq-listed company known as the “Google of China,” filed a suit against its competitor Beijing 3721 Technology Ltd. Co. (“3721”) in Beijing Chaoyang District Court for copyright infringement and unfair competition. The case is regarded as China’s first copyright-infringement dispute involving website search-engine technology. Legal experts, the Chinese media, and the Supreme Court of China have paid close attention to the case, especially as it is related to China’s ongoing legislative effort to improve protection of intellectual property. The translation below is the appellate opinion in this …
Controlling Business Method Patents: How The Japanese Standard For Patenting Software Could Bring Reasonable Limitations To Business Method Patents In The United States, James S. Sfekas
Washington International Law Journal
In recent years, the United States has expanded the scope of subject matter that can be patented. The Court of Appeals for the Federal Circuit has evolved a standard that allows inventors to patent software as long as it produces a useful and tangible result. Japan has also expanded the scope of patentable subject matter, but in a more limited fashion. Under the Japanese standard, the Japan Patent Office will only grant a patent to software inventions that apply a law of nature. The U.S. standard is too generous in allowing patents on software and business methods. Business method patents, …
Establishing Secondary Liability With A Higher Degree Of Culpability: Redefining Chinese Internet Copyright Law To Encourage Technology Development, Yiman Zhang
Washington International Law Journal
While enjoying the tremendous economic benefit brought by the Internet to the nation, China has been attempting to update its intellectual property law to address online copyright infringement issues. The current legal framework, which premises copyright liability upon a direct infringement and joint liability theory, unfortunately has produced considerable ambiguity both within the judiciary and the affected industries. As shown in recent cases, the theory of joint liability, in addition to the broad scope of Chinese copyright law, has been particularly troublesome for China’s technology industry. Given China’s priority in technology innovation, its current copyright law has too low a …
Imus, Indecency, Violence & (And) Vulgarity: Why The Fcc Must Not Expand Its Authority Over Content, Clay Calvert
Imus, Indecency, Violence & (And) Vulgarity: Why The Fcc Must Not Expand Its Authority Over Content, Clay Calvert
UC Law SF Communications and Entertainment Journal
This article, pivoting on events and controversies that occurred in 2007, addresses two questions affecting freedom of expression on the broadcast airwaves: (1) Should the regulatory power of the Federal Communications Commission be expanded to include control over racist and sexist language like that used by radio host Don Imus in his infamous "nappy head hos" remark?; and (2) Should the regulatory power of the FCC be expanded, per its request to Congress, to include control over violent imagery and storylines on television, including broadcast, cable and satellite television? This article contends that the answer to both questions is the …
The California Supreme Court's Decision In Barrett V. Rosenthal: How The Court's Decision Could Further Hamper Efforts To Restrict Defamation On The Internet, Joshua Azriel
UC Law SF Communications and Entertainment Journal
In November 2006, the California Supreme Court ruled in Barrett v. Rosenthal that Internet "users" are immune from liability when they post or forward online information that is defamatory. The court cited section 230 of the 1996 Communications Decency (CDA) Act as precedent for its decision. The law grants immunity to Internet Service Providers (ISPs) and other "users" for any offensive material posted on their online interactive computer services. This article analyzes the Barrett ruling and argues that it leaves three questions unanswered: (1) How does the CDA apply to conspiracies between two users of the Internet where one is …
Pirates Of The Carribean: Offshore Internet Gambling Sites Cursed B Unlawful Internet Gambling Enforcement Act, Bunnam Sprehichet
Pirates Of The Carribean: Offshore Internet Gambling Sites Cursed B Unlawful Internet Gambling Enforcement Act, Bunnam Sprehichet
UC Law SF Communications and Entertainment Journal
Internet gambling, once coined the "crack cocaine of gambling," has become somewhat of a reality. The industry has grown exponentially, attracting thousands of offshore Internet gambling operators that are unlicensed, untaxed, and unregulated. Policing these operators under decades old antigambling laws presents a difficult task because such laws were enacted before the advent of the Internet. Policy concerns including gambling by minors, gambling addiction, racketeering, tax preservation, and the recommendations by the National Gambling Impact Study Commission collectively prompted the promulgation of the Unlawful Internet Gambling Enforcement Act (UIGEA). The note analyzes the UIGEA to clarify its misconceptions and to …
A Modern Analytical Framework For Monopolization In Innovative Markets For Products With Network Effects, John Mcgaraghan
A Modern Analytical Framework For Monopolization In Innovative Markets For Products With Network Effects, John Mcgaraghan
UC Law SF Communications and Entertainment Journal
In the most recent of three landmark antitrust cases against software giant Microsoft, the company argued that courts should apply a different approach to analyzing monopolization charges against "new economy" industry defendants. The court rejected Microsoft's proposal, and this note explores the merit of some of its foundational principles. The note proposes an analytical framework that employs several mechanisms to address unique features of technology markets, such as the "competition for the field"" and "network effects." Under the proposed model, monopolization analysis would condemn those firms which misuse the power to control innovation in the market over time, rather than …
Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson
Contractual Expansion Of The Scope Of Patent Infringement Through Field-Of-Use Licensing, Mark R. Patterson
Faculty Scholarship
Patentees sometimes license their inventions through field-of-use licenses, which permit licensees to use the inventions, but only in specified ways. Field-of-use licensing is often procompetitive, because the ability to provide different licensing terms for different users can encourage broader licensing of inventions. But in recent United States cases, the Federal Circuit Court of Appeals and lower courts have upheld field-of-use licenses prohibiting activities that licensees would otherwise have been permitted by patent law, such as the repair and resale of patented products. The recent cases rely on the Federal Circuit's decision in Mallinckrodt, Inc. v. Medipart, Inc., where the court …
Private And Common Property Rights, Elinor Ostrom, Charlotte Hess
Private And Common Property Rights, Elinor Ostrom, Charlotte Hess
Librarian Publications
The relative advantages of private property and common property for the efficiency, equity, and sustainability of natural resource use patterns have long been debated in the legal and economics literatures. The debate has been clouded by a troika of confusions that relate to the difference between (1) common-property and open-access regimes, (2) common-pool resources and common-property regimes, and (3) a resource system and the flow of resource units. A property right is an enforceable authority to undertake particular actions in specific domains. The rights of access, withdrawal, management, exclusion, and alienation can be separately assigned to different individuals as well …
Ksr V. Teleflex: Predictable Reform Of Patent Substance And Procedure In The Judiciary, John F. Duffy
Ksr V. Teleflex: Predictable Reform Of Patent Substance And Procedure In The Judiciary, John F. Duffy
Michigan Law Review First Impressions
Though KSR International Co. v. Teleflex, Inc. is now widely acknowl-edged in the bar and the academy to be the most significant patent case in at least a quarter century, that view dramatically underestimates the impor-tance of the decision. The KSR decision has immense significance not merely because it rejected the standard of patentability that had been applied in the lower courts for decades, but also because it highlights many separate trends that are reshaping the patent system. This Commentary will touch upon four such trends that are clearly evi-dent in KSR. First, the case was a predictable continuation of …
Ksr's Effect On Patent Law, Stephen G. Kunin, Andrew K. Beverina
Ksr's Effect On Patent Law, Stephen G. Kunin, Andrew K. Beverina
Michigan Law Review First Impressions
The Supreme Court in KSR International Co. v. Teleflex Inc. clarified its 1966 decision in Graham v. John Deere, avoiding the sea change to a synergy- based standard that many had expected—and perhaps feared. KSR has raised the bar set in Graham for seeking patent protection—by providing a flexible test for obviousness—while simultaneously making it easier for accused infringers to defend themselves. Moreover, KSR will change the strategies of both patent prosecutors and litigators. Before KSR, the Supreme Court’s last major decision on nonobviousness under 35 U.S.C. § 103 was Graham, in which the Court established three factual inquiries for …
Now That The Courts Have Beaten Congress To The Punch, Why Is Congress Still Punching The Patent System?, Robert A. Armitage
Now That The Courts Have Beaten Congress To The Punch, Why Is Congress Still Punching The Patent System?, Robert A. Armitage
Michigan Law Review First Impressions
The U.S. House of Representatives began September by passing the Patent Reform Act of 2007. This bill, if enacted, would make major changes to U.S. patent law. Given the universally recognized need for improvements to the U.S. patent system, passing a patent reform bill in the House should have been easy. It was not. The Patent Reform Act of 2007 made it through the House only after a spirited debate. There were a host of complaints by House members that the bill was not ready for floor action. In the end, it passed the House by a relatively narrow margin, …
Making Sense Of Ksr And Other Recent Patent Cases, Harold C. Wegner
Making Sense Of Ksr And Other Recent Patent Cases, Harold C. Wegner
Michigan Law Review First Impressions
The recent Supreme Court review of KSR International Inc. v. Teleflex Inc., eBay Inc. v. MercExchange LLC, and Microsoft Corp. v. AT&T Corp. manifests the Court’s current interest in the patent jurisprudence of the Fed-eral Circuit. Now it is evident that the Court has a level of concern sufficient to guarantee the possibility of grant of certiorari—whereas formerly a case could rarely generate sufficient interest for review. For long-range impor-tance in patent law, KSR stands alone as the single most important Supreme Court patent decision on the bread and butter standard of “obviousness” in the more than forty years since …
The Role Of The Fda In Innovation Policy, Rebecca S. Eisenberg
The Role Of The Fda In Innovation Policy, Rebecca S. Eisenberg
Michigan Telecommunications & Technology Law Review
This Article reexamines the role of FDA regulation in motivating investment in biopharmaceutical innovation. I begin by challenging the standard story that it is the patent system that makes drug development profitable, and drug regulation that makes it costly, by showing how patents add to costs and how drug regulation works in tandem with patents to protect profits. I then compare FDA-administered exclusive rights to patents as a means of fortifying drug development incentives, suggesting ways that FDA-administered rights might be preferable both from the perspective of policy makers and from the perspective of firms. In the remainder of the …
Patents And Diversity In Innovation, Brian Kahin
Patents And Diversity In Innovation, Brian Kahin
Michigan Telecommunications & Technology Law Review
Over the past quarter-century, the patent system has expanded in scope and significance, claiming a central position in a U.S. economy increasingly based on knowledge and intangible assets. This historic expansion has come at the cost of controversy and, within the past five years, growing public scrutiny from outside the system--from the press, business, Congress, and finally the Supreme Court. However, proposed reforms are marked by deepening divisions between sectors of the economy. The information technology (IT) and services industries favor strong reforms while pharmaceutical and biotech industries, as well as the patent bar, favor modest, incremental reforms. This yawning …
The Myth Of Inherent And Inevitable Industry Differences: Diversity As Artifact In The Quest For Patent Reforms, Robert A. Armitage
The Myth Of Inherent And Inevitable Industry Differences: Diversity As Artifact In The Quest For Patent Reforms, Robert A. Armitage
Michigan Telecommunications & Technology Law Review
The University of Michigan Law School hosted a two-day conference entitled "Patents and Diversity in Innovation." The morning of the first day featured a panel devoted to "industry differences." This panel took up the task of dealing with the following questions: How has diversification of innovation and the expansion of patentable subject matter affected patent practice? How do markets for technology vary from sector to sector? And how do they reflect or influence patent practice? To what extent are business practices and competitive markets shaped by the nature of the technology, product, or service?[...] A conference titled "Patents and Diversity" …
Patent Injunctions And The Problem Of Uniformity Cost, Michael W. Carroll
Patent Injunctions And The Problem Of Uniformity Cost, Michael W. Carroll
Michigan Telecommunications & Technology Law Review
In eBay v. MercExchange, the Supreme Court correctly rejected the Federal Circuit's general rule requiring that a permanent injunction follow from a finding that a patent is valid and infringed. Recognizing that one size does not fit all in patent law, the Court returned traditional equitable discretion to the district courts. With this discretion, district courts can now deploy remedies for patent infringement that are sensitive to relevant differences among industries, technologies, and entities. This Essay sets the Court's rejection of a uniform remedial regime in a larger context concerning the role of uniformity in patent law. It then explores …
Diversifying Without Discriminating: Complying With The Mandates Of The Trips Agreement, Graeme B. Dinwoodie, Rochelle C. Dreyfuss
Diversifying Without Discriminating: Complying With The Mandates Of The Trips Agreement, Graeme B. Dinwoodie, Rochelle C. Dreyfuss
Michigan Telecommunications & Technology Law Review
Since the Patent Act was revised in 1952, patent law has expanded to cover an array of novel endeavors--new fields of technology (notably computer science and business methods) as well as the activities of researchers engaged in fundamental scientific discovery. These changes have been accompanied by shifts in the organizational structure of the technological community, with smaller firms and universities emerging as important players in the patent system, and by new marketplace expectations arising from consumer demand for interoperable technology and converging functionality. As a result of these developments, structural flaws in the legal order have become evident. Although the …
Economics And The Design Of Patent Systems, Robert M. Hunt
Economics And The Design Of Patent Systems, Robert M. Hunt
Michigan Telecommunications & Technology Law Review
I use intuition derived from several of my research papers to make three points. First, in the absence of a common law balancing test, application of uniform patentability criteria favors some industries over others. Policymakers must decide the optimal tradeoff across industries. Second, if patent rights are not closely related to the underlying inventions, more patenting may reduce R&D in industries that are both R&D and patent intensive. Third, the U.S. private innovation system has become far more decentralized than it was a generation ago. It is reasonable to inquire whether a patent system that worked well in an era …
Knowledge, Competition And The Innovation: Is Stronger Ipr Protection Really Needed For More And Better Innovations, Giovanni Dosi, Luigi Marengo, Corrado Pasquali
Knowledge, Competition And The Innovation: Is Stronger Ipr Protection Really Needed For More And Better Innovations, Giovanni Dosi, Luigi Marengo, Corrado Pasquali
Michigan Telecommunications & Technology Law Review
The main questions addressed in this Article are thus: given that growth is a highly desirable phenomenon and that it is primarily spurred by technological innovation, how should society solve the problem of favoring a sufficient level of investments in R&D? In particular, is it necessarily true and always desirable that, independent of any other consideration, society should protect innovators from competition and shelter them in a legally protected and enforced monopoly? Is it true that the real source of economic value of new recipes is only found in the blueprints of ideas that those recipes implement? Is it necessarily …
A Method For Reforming The Patent System, Peter S. Menell
A Method For Reforming The Patent System, Peter S. Menell
Michigan Telecommunications & Technology Law Review
The principal recent studies of patent reform (NAS (2004), FTC (2003), Jaffe and Lerner (2004)) contend that a uniform system of patent protection must (or should) be available for "anything under the sun made by man" based upon one or more of the following premises: (1) the Patent Act requires this breadth and uniformity of treatment; (2) "discriminating" against any particular field of "technology" would be undesirable; (3) discrimination among technologies would present insurmountable boundary problems and could easily be circumvented through clever patent drafting; and (4) interest group politics stand in the way of excluding any subject matter classes …
Compulsory Patent Licensing: Is It A Viable Solution In The United States, Carol M. Nielsen, Michael R. Samardzija
Compulsory Patent Licensing: Is It A Viable Solution In The United States, Carol M. Nielsen, Michael R. Samardzija
Michigan Telecommunications & Technology Law Review
As technology continues to advance at a rapid pace, so do the number of patents that cover every aspect of making, using, and selling these innovations. In 1996, to compound the rapid change of technology, the U.S. Supreme Court affirmed that business methods are also patentable. Hence in the current environment, scores of patents, assigned to many different parties, may cover a single electronic device or software--making it increasingly impossible to manufacture an electronic device without receiving a cease and desist letter or other notice from a patentee demanding a large royalty or threatening an injunction. Companies, particularly those in …