Intellectual Property Law Commons^™

The New Invention Creation Activity Boundary In Patent Law, Margo A. Bagley

William & Mary Law Review

This Essay identifies a new boundary in patent law-illegal or immoral invention creation activity-and explores the possible challenges and opportunities it may facilitate. The boundary currently is neither robust nor extensive, and whether and under what circumstances it should exist at all is open to debate.

Rules And Standards On The Forefront Of Patentability, John F. Duffy

William & Mary Law Review

No abstract provided.

Patent Examination Priorities, Michael J. Meurer

William & Mary Law Review

No abstract provided.

Developing A Private International Intellectual Property Law: The Demise Of Territoriality?, Graeme B. Dinwoodie

William & Mary Law Review

No abstract provided.

Administering Fair Use, Jason Mazzone

William & Mary Law Review

Fair use is not working. As written by Congress and applied by the courts, the fair use law fails to give individuals sufficiently clear guidance to determine in advance whether their uses of copyrighted works are fair and therefore noninfringing. When the law does not regulate adequately, markets can supply the rules. Thus, copyright owners and prospective users of copyrighted works can-and donegotiate over and enter into contracts specifying permissible uses. However, leaving fair use to the market is far from desirable. Fair use is not meant to be something that is sold and bought like other market goods. Fair …

Spillovers Theory And Its Conceptual Boundaries, Brett Frischmann

William & Mary Law Review

No abstract provided.

Distinguishing Lost Profits From Reasonable Royalties, Mark A. Lemley

William & Mary Law Review

No abstract provided.

Patent Law, U.S., History Of., Howard Bromberg

Book Chapters

Contribution by Howard J. Bromberg to Great Lives from History: Inventors & Inventions

Introduction: The Boundaries Of Intellectual Property Symposium, I. Trotter Hardy

William & Mary Law Review

No abstract provided.

An Alternative Approach To Channeling?, Mark P. Mckenna

William & Mary Law Review

Intellectual property law has developed a variety of doctrines to police the boundaries between various forms of protection. Courts and scholars alike overwhelmingly conceive of these doctrines in terms of the nature of the objects of protection. The functionality doctrine in trademark law, for example, defines the boundary between trademark and patent law by identifying and refusing trademark protection to features that play a functional role in a product's performance. Likewise, the useful article doctrine works at the boundary of copyright and patent law to identify elements of an article's design that are dictated by function and to channel protection …

Cops, Robbers, And Search Engines: The Questionable Role Of Criminal Law In Contributory Infringement Doctrine, Mark Bartholomew

BYU Law Review

No abstract provided.

Patening The Curve Ball: Business Methods And Industry Norms, Gerard N. Magliocca

BYU Law Review

No abstract provided.

How To Write A Life: Some Thoughts On Fixation And The Copyright/Privacy Divide, Laura A. Heymann

William & Mary Law Review

No abstract provided.

Hoisting Originality, Joseph Scott Miller

Cardozo Law Review

No abstract provided.

Vol. Vi, Tab 38 - Ex. 29 - Email From Jason Calhoun, Jason Calhoun

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. Ix, Tab 46 - Ex. 45 - Email From Jason Calhoun (Rosetta Enforcement Manager), Jason Calhoun

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?

Brief Of Eleven Law Professors And Aarp As Amici Curiae In Support Of Respondent, Bilski V. Kappos, 130 S. Ct. 3218 (2010) (No. 08-964), Joshua Sarnoff, Lori Andrews, Andrew Chin, Ralph Clifford, Christine Farley, Sean Flynn, Debra Greenfield, Peter Jaszi, Charles Mcmanis, Lateef Mtima, Malla Pollack

Amicus Briefs & Court Filings

This is the brief filed by Joshua Sarnoff and Barbara Jones on behalf of various law professors and AARP in the Bilski v. Kappos case, discussing constitutional limits to the Patent power.

Does It Really Suck?: The Impact Of Cutting-Edge Marketing Tactics On Internet Trademark Law And Gripe Site Domain Name Disputes, Mindy P. Fox

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Intellectual Property Perspectives: Fall 2009, Ip Law Program

Intellectual Property Perspectives

No abstract provided.

“I’M A Politician, But I Don’T Play One On Tv”: Applying The “Equal Time” Rule (Equally) To Actors-Turned- Candidates, Kimberlianne Podlas

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

From Mbube To Wimoweh: African Folk Music In Dual Systems Of Law, Deborah Wassel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Institutional Design And Governance In Microbial Research Commons, Charlotte Hess

Librarian Publications

Presentation slides on institutional design and governance to facilitate a global research commons for microbiology delivered at the International Symposium on Designing the Microbial Research Commons, sponsored by the National Academy of Sciences, Washington, DC, 8-9 October 2009.

Success, Dominance, And Interoperability, Alan Devlin, Michael Jacobs, Bruno Peixoto

Indiana Law Journal

In September 2007, the European Court of First Instance (CFI) ruled that Microsoft violated the European Union's competition law by failing to provide certain of its rivals with proprietary computer protocols that would have enabled them to make their products fully "interoperable" with Microsoft's dominant operating system. In the process, the court suggested that an owner of certain kinds of dominant intellectual property is obliged to share its property with rivals to the extent necessary to allow those rivals to compete "viably" with the dominant firm. Thus, in theory, should protocol sharing fail to achieve the requisite degree of "viability, …

A Sociological Approach To Misappropriation, Elizabeth A. Rowe

UF Law Faculty Publications

This Article breaks new ground by applying sociological analysis to trade secret law. It uses a group which constitutes the largest segment of the workforce, namely, those labeled Generation X and Generation Y (collectively referred to and coined in the Article as "New Generation Employees") as a case study for analyzing how values and social norms influence compliance with trade secret laws.

By drawing on the sociological literature, the Article is the first to apply theories about employee theft to trade secret misappropriation. It integrates the values of New Generation Employees with principles of equity theory, work climate theory, and …

Recent Supreme Court Patent Decisions: The Trend To Limit The Power Of Patent Holders, Peter O. Huang

The Journal of Appellate Practice and Process

No abstract provided.

Demythologizing Phosita - Applying The Non-Obviousness Requirement Under Canadian Patent Law To Keep Knowledge In The Public Domain And Foster Innovation, Matthew Herder

Osgoode Hall Law Journal

The Supreme Court of Canada recently revised the doctrine of non-obviousness in a pharmaceutical "selection patent" case, Apotex Inc. v. Sanofi-Synthelabo Canada Inc. Although the Court was cognizant of changes to the same doctrine in the United States and the United Kingdom, a critical flaw in how the doctrine is being applied in Canada escaped its attention. Using content analysis methodology, this article shows that Canadian courts frequently fail to characterize the "person having ordinary skill in the art" (PHOSITA) for the purpose of the obviousness inquiry. The article argues that this surprisingly common analytical mistake betrays a deep misunderstanding …

The Coaching Carousel In Big-Time Intercollegiate Athletics: Economic Implications And Legal Considerations, Richard T. Karcher

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Who Owns Bratz? The Integration Of Copyright And Employment Law, Michael D. Birnhack

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Fixing A Hole: Will Generic Biologics Find A Niche Within The Hatch-Waxman Act?, Elysa B. Goldberg

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Imperfect Property Rights, James Bessen

Faculty Scholarship

In theory, property rights allow markets to achieve Pareto optimal allocations. But the literature on contracting largely ignores what happens when property rights are imperfectly defined and enforced. Although some models include weak enforcement or poorly defined rights or "anticommons," this paper develops a general model that includes all of these possibilities. I find that combinations matter: Policy prescriptions to remedy individual imperfections are sometimes inappropriate under other conditions. For example, stronger penalties for violating rights can decrease Pareto efficiency, contrary to a common view. Also, collective rights organizations, such as patent pools, sometimes worsen problems of overlapping claims.