Intellectual Property Law Commons^™

Pharma's Nonobvious Problem, Rebecca S. Eisenberg

Articles

This Article considers the effect of the recent decision of the U.S. Supreme Court in KSR International Co. v. Teleflex, Inc. on the nonobviousness standard for patentability as applied to pharmaceutical patents. By calling for an expansive and flexible analysis and disapproving of the use of rigid formulas in evaluating an invention for obviousness, KSR may appear to make it easier for generic competitors to challenge the validity of drug patents. But an examination of the Federal Circuit's nonobviousness jurisprudence in the context of such challenges reveals that the Federal Circuit has been employing all along the sort of flexible …

The Making Of The Post-War Paradigm In American Intellectual Property Law, Steven Wilf

Faculty Articles and Papers

During the New Deal period, intellectual property underwent a transformation. Copyright was recast from literary property to industrial property; trademark shifted from a common law tort of palming off to a regulatory regime for a mass consumer economy, and patent law was rethought to accommodate corporate invention. This essay begins by examining the advantages of looking at intellectual property as deeply situated in New Deal debates over political economy, and calls for a new history of intellectual property very different from conventional narratives moored in the introduction of new technologies. More broadly, it suggests that examining foundational past policy debates, …

Fashionable Ip Or Ip For Fashion?, Norman L. Balmer

Washington and Lee Law Review

No abstract provided.

J.J. Morrison And His Right Of Publicity Lawsuit Against The Ncaa, Sean Hanlon, Ray Yasser

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Advertising And The Transformation Of Trademark Law, Mark Bartholomew

Journal Articles

Despite the presence of a vigorous debate over the proper scope of trademark protection, scholars have largely ignored study of trademark law's origins. It would be a mistake, however, to ignore the history behind trademark law. Scrutiny of the formative era in American trademark law yields two important conclusions. First, courts granted robust legal protection to trademark holders in the early twentieth century because they accepted the benign view of advertising presented to them by advertisers. As advertising became linked to cultural progress and social cohesion, courts adopted doctrinal revisions to protect advertising's value that remain embedded in modern trademark …

Rights And Remedies Post Ebay V. Mercexchange - Deep Waters Stirred, Robert I. Reis

Journal Articles

No abstract provided.

Bill Graham Archives V. Dorling Kindersley Limited : The Ever-Changing Face Of The Fair Use Defense, Christina Alvarado

SMU Science and Technology Law Review

No abstract provided.

Our Uniform Patent System, Clarisa Long

Faculty Scholarship

Patent reform arouses passions among the affected industries, whether they are plaintiffs or defendants, willing users or unwilling participants in the patent system. The key question, therefore, is: How should we structure the patent system in order to best promote innovation in the U.S. economy?

The Melting Of Patent Law, Eben Moglen

Faculty Scholarship

In this special comment, the author posits that the patent system as it stands is archaic and oppressive, and has neither intellectual nor moral support. Having veered away from its original goals, by virtue of the change in the technological and functional basis of government, it instead serves as a justification for inequalities of wealth distribution. The author argues that substantial reform is required that would shift the balance in patent law from monopolistic greed to public interest, paving the way for access to knowledge.

Marybeth Peters Is Almost Right: An Alternative To Her Proposals To Reform The Compulsory License Scheme For Music, William Henslee

Journal Publications

Since Napster made mass digital downloads and online piracy available and accessible in June of 1999, the music industry has been under attack. Traditionally, record companies have received their revenue from phonorecord sales and use of the music in film, television, and advertisements. Performers have received their income from record companies based on a percentage of the sales income after the company has recouped its investment in the artist.

With the current technology and digital marketing available, all of the players in the music business believe that the revenue distribution models need to change but, to date, have been reluctant …

Why The "Single Entity" Defense Can Never Apply To Nfl Clubs: A Primer On Property-Rights Theory In Professional Sports, Marc Edelman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher

NYLS Law Review

No abstract provided.

Un Arco Iris De Lentes Con Los Que Mirar: La Protección Del Color Único Como Marca En Los Estados Unidos, En España, Y En La Unión Europea, Glenda Labadie-Jackson

Richmond Journal of Global Law & Business

Se vaticina que imicamente tendrdn una s6lida y duradera presencia en los complejos mercados contempordneos las marcas que se sirvan de estimulos multisensoriales con el objetivo de acaparar la atenci6n de los consumidores. En diversos ordenamientos juridicos, este ha sido el motor que ha propulsado la ampliaci6n del repertorio de signos o simbolos potencialmente elegibles para fungir como marcas de productos o servicios. De aqu6l1os, vale destacar los que tipicamente suelen agruparse bajo la riibrica de “no tradicionales”, a saber: los sonidos, los aromas, los sabores, las formas tridimensionales y los colores.

Claims To Information Qua Information And A Structural Theory Of Section 101, Kevin Emerson Collins

Articles by Maurer Faculty

In this article, I start from the premises that claims to inventive information qua information are not and should not be patentable, and I pursue two lines of inquiry. First, I argue that a structural theory of Section l0l of the Patent Act provides a policy-driven, conceptually coherent and statutorily justified interpretation that explains why claims to inventive information qua information should be excluded from the realm of patentable subject matter. In brief, patentable subject matter must be restricted in this manner to preserve the duality of claiming and disclosing upon which the entire patent regime is constructed.

Second, I …

The Specter Of Copyism V. Blockheaded Authors: How User-Generated Content Affects Copyright Policy, Tom W. Bell

Vanderbilt Journal of Entertainment & Technology Law

Technological advances, because they have radically lowered the costs of creating and distributing expressive works, have shaken the foundations of copyright policy. Once, those who held copyrights in sound recordings, movies, television shows, magazines, and the like could safely assume that the public would do little more than passively consume. Now, though, the masses have seized (peacefully acquired, really) the means of reproducing copyrighted works, making infringement cheap, easy, and, notwithstanding the law's dictates, widespread. Copyright holders thus understandably fear that their customers have begun to treat expressive works like common property, free for all to use. That, the specter …

Indigenous Rights To Traditional Knowledge And Cultural Expressions: Implementing The Millennium Development Goals, Valerie J. Phillips

Intercultural Human Rights Law Review

"Indigenous Rights to Traditional Knowledge and Cultural Expressions: Implementing The Millenium Development Goals" Reflections on Intellectual Property, Traditional Knowledge and Cultural Expressions by Valerie J. Phillips, Assistant Professor of Law at University of Tulsa College of Law.

Biodiversity, Traditional Knowledge And Folklore: Work On Related Ip Matters In The Wto, Hannu Wager

Intercultural Human Rights Law Review

Issues related to biodiversity, traditional knowledge and folklore have received increasing attention in the global intellectual property (IP) arena, including in the work of intergovernmental organizations and civil society. The World Trade Organization (WTO) is one of the forums in which the debate on related IP matters is occurring. Other intergovernmental organizations in which such debates are taking place include, among others, the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity (CBD), the Food and Agriculture Organization (FAO), the United Nations Conference on Trade and Development (UNCTAD), the World Bank, and various United Nations human rights bodies. This …

Teaching Trademark Theory Through The Lens Of Distinctiveness, Mark P. Mckenna

Journal Articles

This contribution to the annual teaching edition of the Saint Louis University Law Journal encourages teachers to begin trademark law courses using the concept of distinctiveness as a vehicle for articulating producer and consumer perspectives in trademark law. Viewing the law through these sometimes different perspectives helps in approaching a variety of doctrines in trademark law, and both perspectives are relatively easy to grasp in the context of distinctiveness.

Copyright Preemption Of Contracts, Christina Bohannan

Maryland Law Review

No abstract provided.

Darden V. Peters: Giving Deference Where Deference May Not Be Due, Raisa L. Michalek

Maryland Law Review

No abstract provided.

Intellectual Property At The Intersection Of Race And Gender: Lady Sings The Blues, K.J. Greene

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Open Source, Open Access, Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman

Faculty Scholarship

No abstract provided.

The "Public Health" Of The Conventional International Patent Régime And The Ethics Of "Ethicals:" Access To Patented Medicines, Amir H. Khoury

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Rethinking Sharing Licenses For The Entertainment Media, Eric E. Johnson

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Under Construction: Towards A More Deferential Standard Of Review In Claim Construction Cases, Jeffrey Peabody

Maurer Student Articles

No abstract provided.

Indirect Infringement From A Tort Law Perspective, Charles W. Adams

University of Richmond Law Review

No abstract provided.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Yuka Ito

Richmond Journal of Law & Technology

On behalf of the Richmond Journal of Law and Technology, it is my pleasure to welcome you to our third issue for the 2007-2008 year, our Annual Survey of Electronic Discovery. This year’s Survey concentrates on the recent Amendments to the Federal Rules of Civil Procedure and its various implications on Electronic Discovery.

Patenting Part-Human Chimeras, Transgenics And Stem Cells For Transplantation In The United States, Canada, And Europe, Gregory R. Hagen, Sébastien A. Gittens

Richmond Journal of Law & Technology

The perceived need for part-human materials – considered to be biological materials containing human genetic material for the purposes of this paper – is at least twofold. First, given the continued shortage of human organs and other human biological materials suitable for transplantation, thousands of persons will suffer illness and death each year.

Mary Doe’S Destiny: How The United States Has Banned Human Embryonic Stem Cell Research In The Absence Of A Direct Prohibition, Yi-Chen Su, Albert Wai-Kit Chan

Richmond Journal of Law & Technology

Mary Doe is a human embryo preserved in liquid nitrogen, in an unnamed in vitro fertilization clinic. Mary Doe’s name was given by an organization dedicated to advocating for equal humanity and personhood of pre-born children, including “children in vitro.” In response to President Clinton’s policy favoring embryonic stem cell [hereinafter ES- cell] research, the organization filed suit on behalf of Mary Doe, and all other frozen human embryos similarly situated, seeking a permanent injunction against any and all plans to undertake human ES-cell experimentation.

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Bridget Murray

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its first issue of the 2008–2009 academic school year. Our authors assess a variety of controversial legal topics that embrace the intersection of technology and law.