Intellectual Property Law Commons^™

Vol. Xiv, Tab 51 - Google's Objection To Evidence And Motion To Strike, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Xiii, Tab 50 - Google's Opposition To Rosetta Stone's Motion For Partial Summary Judgment, Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Why Fdca Section 505(U) Should Not Concern Us Greatly, Kyle Faget

Michigan Telecommunications & Technology Law Review

Among the many amendments found in the Food and Drug Administration Amendment Act of 2007 (FDAAA) is a provision at the end of the act, Section 505(u), which grants chiral switches five years of market exclusivity under certain circumstances. Prior to Congressional enactment of the FDAAA, the Food and Drug Administration (FDA) refused to award new chemical entity (NCE) status to enantiomers of previously approved racemic mixtures. The FDA defines a new chemical entity ("NCE") as a drug that contains no active moiety that has been approved by the FDA in any other application submitted under Section 505(b) of the …

Appellate Review Of Patent Claim Construction: Should The Federal Circuit Be Its Own Lexicographer In Matters Related To The Seventh Amendment, Eileen M. Herlihy

Michigan Telecommunications & Technology Law Review

The Federal Circuit stated in an en banc decision in Cybor Corp. v. FAS Technologies, Inc. that the construction of patent claims is "a purely legal issue," and is therefore subject to de novo review on appeal. The Cybor decision reaffirmed the position of the majority of the Federal Circuit which had been announced in its en banc Markman decision, and proclaimed that the de novo standard of review is supported by the Supreme Court's Markman decision, a Seventh Amendment opinion. However, Cybor included strong opposition to a de novo standard of review from some of the judges of the …

Is Novelty Obsolete - Chronicling The Irrelevance Of The Invention Date In U.S. Patent Law, Dennis D. Crouch

Michigan Telecommunications & Technology Law Review

This paper presents a normative study of patent prosecution by examining the role that invention-date-based novelty rights play in U.S. patent law. Three sources inform the primary results: the prosecution history files of 21,000+ patent applications filed in the past decade; a survey of 1,000+ patent practitioners regarding their use of the novelty provisions of the Patent Act; and a collection of 11,000,000+ prior art references cited in recently-issued patents. Additional compilations of prosecution file histories for patents identified as either (1) valuable or (2) worthless supplement these data sets and allow for an evaluation of the differential importance of …

The Super Brawl: The History And Future Of The Sound Recording Performance Right, Brian Day

Michigan Telecommunications & Technology Law Review

On February 4, 2009, Senator Patrick Leahy introduced the Performance Rights Act ("PRA") to the Senate, joined by Representative John Conyers in the House of Representatives. Thirty-eight years after sound recordings were first granted federal copyright protection against unauthorized reproduction and distribution--and more than ten years after gaining a limited digital performance right--legislation is pending that would once again expand the scope of sound recording copyright to encompass terrestrial radio broadcasts. Historically, such broadcasts have been exempt from sound recording performance royalties.[...] Instead of (or in addition to) seeking remuneration from terrestrial radio stations, this Note suggests that sound recording …

A Kernel For Open Source Drug Discovery In Tropical Diseases, Leticia Ortı, Rodrigo J. Carbajo, Ursula Pieper, Narayanan Eswar, Stephen M. Maurer, Arti K. Rai, Ginger Taylor, Matthew H. Todd, Antonio Pineda-Lucena, Andrej Sali, Marc A. Marti-Renom

Faculty Scholarship

Open source drug discovery, a promising alternative avenue to conventional patent-based drug development, has so far remained elusive with few exceptions. A major stumbling block has been the absence of a critical mass of preexisting work that volunteers can improve through a series of granular contributions. This paper introduces the results from a newly assembled computational pipeline for identifying protein targets for drug discovery in ten organisms that cause tropical diseases. We have also experimentally tested two promising targets for their binding to commercially available drugs, validating one and invalidating the other. The resulting kernel provides a base of drug …

Efficient Definition And Communication Of Patent Rights: The Importance Of Ex Post Delineation, William Hubbard

All Faculty Scholarship

As with any area of law, rights and duties relating to patents should be clearly communicated in an efficient manner. Unfortunately, uncertainty concerning the scope of the rights granted by patents frequently results in expensive litigation. Most proposals for reducing this uncertainty do not examine its root causes and focus only on measures to provide additional clarification in patent applications. Such ex ante proposals are often inefficient because considerable uncertainty is inherent, given the limits of language and of our ability to foresee future developments. In addition, ex ante clarification often would be wasteful because so few patents are valuable …

Growing Pains In The Administrative State: The Patent Office’S Troubled Quest For Managerial Control, Arti K. Rai

Faculty Scholarship

In the last ten years, the workload of the Patent and Trademark Office ("PTO") has increased dramatically. Complaints about the PTO's ability to manage its workload have increased in tandem. Interestingly, although Congress has explicitly given the PTO rulemaking authority over the processing of patent applications, and withheld from it authority over "substantive" patent law, the PTO has arguably enjoyed more success in influencing substantive law than in executing direct efforts to manage its workload. This Article explores the multiple, mutually reinforcing reasons for this anomaly. It argues that although there are good reasons to be frustrated with the PTO's …

Masthead, Volume 1 Issue 1 (2009)

Journal of Law, Technology, & the Internet

No abstract provided.

Patent Law In The Global Economy: A Modest Proposal For U.S. Patent Law And Infringement Without Borders, Dariush Keyhani

Villanova Law Review (1956 - )

No abstract provided.

The Public Policy Exception To Recognition And Enforcement Of Judgments In Cases Of Copyright Infringement, Marketa Trimble

Scholarly Works

In recent years proposals have been made for an international convention that would facilitate a smooth recognition and enforcement of foreign judgments in intellectual property matters. Like all of these proposals, the American Law Institute’s preliminary version, short titled "Draft Principles" published in March 2007, strives to eliminate most hurdles to recognition and enforcement by providing rules for jurisdiction, choice of law and coordination of multi-territorial actions. As long as the rules are applied by the court that issues a judgment (the “rendering court”), most of the obstacles to recognition and enforcement − differing jurisdictional rules and choice of law …

Patent Exhaustion And Implied Patent License In Connection With Free And Open Source Software, Anna Haapanen

LL.M. Essays & Theses

This study examines the patent law doctrines of patent exhaustion and implied patent license, and their application to the commercial use of free and open source software (FOSS), an area not thoroughly examined despite the doctrines' otherwise well-established preconditions. The analysis first clarifies the preconditions, scope and key differences of the two doctrines, then applies them to the sale and licensing of FOSS components under the BSD, MIT and GPLv2 licenses. The study addresses the risk that technology companies distributing patented FOSS components may inadvertently dilute their own patent portfolios through exhaustion or implied licensing. It concludes that the patent-related …

Who's Your Daddy? A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Debate On In Re Bilski, Lauren Katzenellenbogen, Bob Irvine, David Donoghue

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Discussion Of Employer Assignment Agreements After Ddb Technologies V. Mlb Advanced Media, Mike Baniak, Todd Dawson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Scary Patents, Stephen Mcjohn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Nobody Reads Your Privacy Policy Or Online Contract? Lessons Learned And Questions Raised By The Ftc's Action Against Sears, Susan E. Gindin

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Effect: Tougher Standards But Courts Return To The Prior Practice Of Granting Injunctions For Patent Infringement, Stacy Streur

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Betting On Prohibition: The Federal Government's Approach To Internet Gambling, Kraig P. Grahmann

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Reexamination And Improving Patent Quality, Roger Shang

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory And Future, Jing "Brad" Luo, Shubha Ghosh

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Youtube—The Next Generation Of Infringing On Creative Works: What Can Be Done To Protect The Screenwriters?, Ashlee M. Knuckey

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Conditions And Covenants In License Contracts: Tales From A Test Of The Artistic License, Robert W. Gomulkiewicz

Articles

The Federal Circuit upheld the Artistic License in Jacobsen v. Katzer, establishing at long last that open source licenses are enforceable. Although that outcome received most of the headlines, the case's greater significance lies elsewhere. Jacobsen v. Katzer teaches valuable lessons about conditions and covenants in license contracts, lessons that apply to licenses of all persuasions. Moreover, the case raises an important issue about the interplay between contract and intellectual property law: can licensors manipulate the distinction between covenants and conditions in such a way that upsets the delicate balance in copyright law? The article explores the lessons taught by …

The Federal Circuit's Licensing Law Jurisprudence: Its Nature And Influence, Robert W. Gomulkiewicz

Articles

The Federal Circuit serves as the central appellate court for U.S. patent law appeals. Outside of patent law, scholars have noted the Federal Circuit’s distinct lack of influence on the law. Thus, unnoticed, the Federal Circuit has become one of the most influential actors in the creation of intellectual property licensing law. Its influence reaches across all areas of intellectual property, industries, and all federal circuits and state courts. But the Federal Circuit’s influence on licensing law is more than just a matter of academic interest: licensing is critical to innovation in the information economy. Licenses underlie the creation and …

A New Deal For End Users? Lessons From A French Innovation In The Regulation Of Interoperability, Jane K. Winn, Nicolas Jondet

Articles

In 2007, France created the Regulatory Authority for Technical Measures (lAutoritj de Rdgulation des Mesures Techniques or ARMT), an independent regulatory agency charged with promoting the interoperability of digital media distributed with embedded "technical protection measures" (TPM), also known as "digital rights management" technologies (DRM). ARMT was established in part to rectify what French lawmakers perceived as an imbalance in the rights of copyright owners and end users created when the European Copyright Directive (EUCD) was transposed into French law as the "Loi sur le Droit d'Auteur et les Droits Voisins dans la Société de l'Information" (DADVSI).

ARMT is both …