Intellectual Property Law Commons^™

File Caching On The Internet: Technical Infringement Or Safeguard For Efficient Network Operation?, Richard S. Vermut

Georgia Journal of Law & Technology

No abstract provided.

Protecting A Piece Of American Folklore: The Example Of The Gusset, Jo Carrillo

Georgia Journal of Law & Technology

No abstract provided.

Table Of Contents, Vol. 4:2, Journal Of Intellectual Property Law

Georgia Journal of Law & Technology

No abstract provided.

Ithaka S+R Us Faculty Survey 2015, Christine Wolff, Alisa B. Rod, Roger C. Schonfeld

Copyright, Fair Use, Scholarly Communication, etc.

The Ithaka S+R US Faculty Survey has tracked the changing research, teaching, and information usage practices of faculty members since the early days of the digital transformation. In this sixth triennial cycle, we survey a random sample of US higher education faculty members, adding medical scholars to our population to provide even more comprehensive coverage of US higher education.

Our first look at medical faculty members in the 2015 cycle shows that respondents sometimes have attitudes and practices that parallel their colleagues in the social sciences and physical sciences, but often are unique in the way that they discover and …

Colloquium On Certain Legal Aspects Of Foreign Investment In Mexico: Regulations Of Capital Investment, Patent And Trademarks, And Transfer Of Technology (Introduction And Initial Comments), Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.

The Patent Spiral, Roger Allan Ford

Law Faculty Scholarship

Examination — the process of reviewing a patent application and deciding whether to grant the requested patent — improves patent quality in two ways. It acts as a substantive screen, filtering out meritless applications and improving meritorious ones. It also acts as a costly screen, discouraging applicants from seeking low-value patents. Yet despite these dual roles, the patent system has a substantial quality problem: it is both too easy to get a patent (because examiners grant invalid patents that should be filtered out by a substantive screen) and too cheap to do so (because examiners grant low-value nuisance patents that …

Through The Lens Of Innovation, Mirit Eyal-Cohen

Florida State University Law Review

The legal system constantly follows the footsteps of innovation and attempts to discourage its migration overseas. Yet, present legal rules that inform and explain entrepreneurial circumstances lack a core understanding of the concept of entrepreneurship. By its nature, law imposes order. It provides rules, remedies, and classifications that direct behavior in a consistent manner. Entrepreneurship turns on the contrary. It entails making creative judgments about the unknown. It involves adapting to disarray. It thrives on deviation as opposed to traditional causation. This Article argues that these differences matter. It demonstrates that current laws lock entrepreneurs into inefficient legal routes. Through …

The Supreme Court's Quiet Revolution In Induced Patent Infringement, Timothy R. Holbrook

Notre Dame Law Review

The Supreme Court over the last decade or so has reengaged with patent law. While much attention has been paid to the Court’s reworking of what constitutes patent-eligible subject matter and enhancing tools to combat “patent trolls,” what many have missed is the Court’s reworking of the contours of active inducement of patent infringement under 35 U.S.C. § 271(b). The Court has taken the same number of § 271(b) cases as subject matter eligibility cases—four. Yet this reworking has not garnered much attention in the literature. This Article offers the first comprehensive assessment of the Court’s efforts to define active …

Patent "Trolls" And Claim Construction, Greg Reilly

Notre Dame Law Review

This Article explores the largely overlooked relationship between claim construction and patent assertion entities (patent “trolls”), finding that claim construction problems and trends benefit patent assertion entities. First, the Federal Circuit’s deep divide over the proper approach to claim construction creates uncertain patent scope, which is widely recognized as a core reason for the success of patent assertion entities. Second, case law and commentary increasingly endorse an approach to claim construction that relies on the “general meaning” in the technical field with limited reliance on the patent itself, which benefits patent assertion entities by increasing the breadth and uncertainty of …

General Public License Version 2: The Risk Of Direct Patent Infringement, Chike Eze

Washington Journal of Law, Technology & Arts

The GNU General Public License Version 2 (“GPLv2”) is a popular license for open source software. Despite its importance, only a few GPLv2 cases have been litigated in the courts. In these litigated cases, the plaintiffs claimed breach of contract or copyright infringement against defendants. However, in XimpleWare v. Ameriprise, the plaintiff explored a novel patent-related avenue for open source software authors to attack vendors and customers of open source software. Specifically, XimpleWare alleged direct patent infringement against Versaware, a software vendor, and Ameriprise, Versaware’s customer, for distributing XimpleWare’s GPLv2-licensed software in violation of GPLv2’s copyleft provisions in section …

Us Agencies – Public Access Plans Details, Chorus

Copyright, Fair Use, Scholarly Communication, etc.

23 US government agencies that fund scientific research and their public access plans details as of April 2016. Included are effective date for awards, embargo terms, repository names, and whether agency is a CHORUS participant.

CHORUS: Clearinghouse for the Open Research of the United States, is a publishers' organization and a project to enable public access to funded research by directing users to publishers' sites.

A Sui Generis System Of Protection For Exceptionally Original Fashion Designs

Loyola of Los Angeles Entertainment Law Review

Despite the robust nature of the fashion industry, which has been largely unprotected by copyright, there is a clamor among certain sectors for stronger protection for fashion designs and the apparel manufactured from these designs. This article acknowledges that full-dress copyright protection is unnecessary, impracticable, and harmful; however, it proposes a middle-ground: a sui generis system of protection that only protects fashion designs and pieces of apparel that are exceptionally original, and does so only against other articles that are substantially identical.

This article provides a standard (“exceptionally original”) that will protect a fashion design only if it meets certain …

"If That's The Way It Must Be, Okay": Campbell V. Acuff-Rose On Rewind

Loyola of Los Angeles Entertainment Law Review

The 1994 Supreme Court case Campbell v. Acuff-Rose established broad protections for parody in U.S. copyright law. While the case is well known, the facts behind the case are not. None of the three courts that heard the case were told that the alleged parody by 2 Live Crew appeared only on a “sanitized” version of the group’s controversial album. Thus the work had a heightened commercial purpose: filling up a meager album so that album could serve as a market stopgap for its controversial cousin. Although commercial purpose is a key factor in the fair use calculus, no court …

The Knottiest Problem: Unraveling Arising Under Jurisdiction In Copyright Cases, Zoe Niesel, Bethany A. Corbin

Faculty Articles

No abstract provided.

Patenting The Social: Alice, Abstraction, & Functionalism In Software Patent Claims, Laura R. Ford

Cardozo Public Law, Policy & Ethics Journal

This article addresses a troublesome development in patent claiming practices for computer-implemented inventions: the staking out of broad, functionally-worded properly boundaries around the social dimensions of human beings. The legal and sociological concerns that this development raises have not gone completely unnoticed in academia or in the judiciary, but the dominant focus on innovation policy in patent scholarship and jurisprudence has meant that such concerns have remained largely unaddressed. The troublesome development and attendant concerns may be seen most clearly in the case of social networking patents, a new category of patents classified separately by the United States Patent and …

Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

A Borrowed Language, Yvonne Osei

Graduate School of Art Theses

Art has the potency of mediation: bridging human differences, questioning voids in historical trajectories, negotiating spaces of relevance, and most importantly, being signifiers that embody the absent. I speak in a borrowed language, a multilingual visual tongue, inspired by a culmination of Western and African Art modes of practices to create charged platforms for multicultural communication.

My art presents visual portals that allow for intercultural and interracial mingling as issues of colorism, present-day colonialism, gender inequality and the politics of dress are foregrounded for collective deliberation. The essence of the work is often activated and brought to its full potential …

The Federal Big Data Research And Development Strategic Plan, The Networking And Information Technology Research And Development Program, Big Data Senior Steering Group

Copyright, Fair Use, Scholarly Communication, etc.

This document was developed through the contributions of the NITRD Big Data SSG members and staff. A special thanks and appreciation to the core team of editors, writers, and reviewers: Lida Beninson (NSF), Quincy Brown (NSF), Elizabeth Burrows (NSF), Dana Hunter (NSF), Craig Jolley (USAID), Meredith Lee (DHS), Nishal Mohan (NSF), Chloe Poston (NSF), Renata Rawlings-Goss (NSF), Carly Robinson (DOE Science), Alejandro Suarez (NSF), Martin Wiener (NSF), and Fen Zhao (NSF).

A national Big Data1 innovation ecosystem is essential to enabling knowledge discovery from and confident action informed by the vast resource of new and diverse datasets that are rapidly …

Scenes From The Copyright Office, Brian L. Frye

Law Faculty Scholarly Articles

This essay uses a series of vignettes drawn from Billy Joel’s career to describe his encounters with copyright law. It begins by examining the ownership of the copyright in Joel’s songs. It continues by considering the authorship of Joel’s songs, and it concludes by evaluating certain infringement actions filed against Joel. This Essay observes that Joel’s encounters with copyright law were confusing and frustrating, but also quite typical. The banality of his experiences captures the uncertainty and incoherence of copyright doctrine.

Intellectual Property And Related Rights In Climate Data, Michael W. Carroll

Joint PIJIP/TLS Research Paper Series

This chapter focuses on the ways in which intellectual property law can act as a barrier to data sharing. Intellectual property laws supply exclusive rights that can enable a researcher, employer or funder to ‘own’ data; they can then bring legal claims against persons who access or reuse data without permission. Some of these rights attach automatically to data, data sets, or databases, and thus must be managed properly to enable robust data sharing in climate science. Other rights are created by contract, and the policies around such privately created rights must be understood and analyzed. This chapter briefly describes …

Taking Patents, Gregory Dolin, Irena D. Manta

Washington and Lee Law Review

The America Invents Act (AIA) was widely hailed as a remedy to the excessive number of patents that the Patent & Trademark Office issued, and especially ones that would later turn out to be invalid. In its efforts to eradicate “patent trolls” and fend off other ills, however, the AIA introduced serious constitutional problems that this Article brings to the fore. We argue that the AIA’s new “second-look” mechanisms in the form of Inter Partes Review (IPR) and Covered Business Method Review (CBMR) have greatly altered the scope of vested patent rights by modifying the boundaries of existing patents. The …

Innovation Prizes In Practice And Theory, Michael J. Burstein, Fiona Murray

Articles

Innovation prizes in reality are significantly different from innovation prizes in theory. The former are familiar from popular accounts of historical prizes like the Longitude Prize: the government offers a set amount for a solution to a known problem, like £20,000 for a method of calculating longitude at sea. The latter are modeled as compensation to inventors in return for donating their inventions to the public domain. Neither the economic literature nor the policy literature that led to the 2010 America COMPETES Reauthorization Act — which made prizes a prominent tool of government innovation policy — provides a satisfying justification …

A Myriad Of Reasons: Incentives For Innovation In Genetic Research And Diagnostics Post-Myriad, Zachary King

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Volition And Copyright Infringement, Robert C. Denicola

Cardozo Law Review

No abstract provided.

Keeping It In The Kitchen: An Analysis Of Intellectual Property Protection Through Trade Secrets In The Restaurant Industry, Sarah Segal

Cardozo Law Review

No abstract provided.

The 2015 Changes To The Federal Rules Matter For Your Patent Case And Tech Business: Getting In The Courthouse Door Just Got Tougher, Matthew D'Amore

Cornell Law Faculty Publications

No abstract provided.

Big Data, Patents, And The Future Of Medicine, W. Nicholson Price Ii

Articles

Big data has tremendous potential to improve health care. Unfortunately, intellectual property law isn’t ready to support that leap. In the next wave of data- driven medicine, black-box medicine, researchers use sophisticated algorithms to examine huge troves of health data, finding complex, implicit relationships and making individualized assessments for patients. Black-box medicine offers potentially immense benefits, but also requires substantial high investment. Firms must develop new datasets, models, and validations, which are all nonrivalrous information goods with significant spillovers, requiring incentives for welfare-optimizing investment. Current intellectual property law fails to provide adequate incentives for black- box medicine. The Supreme Court …

Sugar High, Andrew H. Fuller

Washington Journal of Law, Technology & Arts

Edible marijuana products in commercial marijuana markets, or “edibles,” pose a new challenge to our existing regulatory infrastructure. Marijuana has acquired increasing social and legal acceptance as a form of treatment for a variety of serious illnesses; as such, some states have been challenged to balance the availability and affordability of these treatments with the risk they pose in terms of consumer confusion. Edibles that take the shape of traditional retail candies offer the greatest risk of consumer confusion, especially to children. Consequently, this Article proposes that courts—or, alternately, legislators—should interpret and apply the Lanham Act in a way that …

Promoting Healthcare Innovation On The Demand Side, Rebecca S. Eisenberg, W. Nicholson Price

Law & Economics Working Papers

Innovation policy often focuses on the incentives of firms that sell new products. But optimal use of healthcare products also requires good information about the likely effects of products in different patients, and it is hard to provide the right incentives for producers to develop and disclose information that could limit future sales. Regulation partially fills this gap by requiring sellers to conduct clinical trials and report adverse events. But it is inherently problematic to rely on producers to supply negative information about their own products. Healthcare payers, however, can profit from avoiding inappropriate use of costly technologies. Recent technological …

Patents Absent Adversaries, Sarah R. Wasserman Rajec

Faculty Publications

No abstract provided.