Intellectual Property Law Commons^™

Patent Litigation In Japan, David W. Hill, Shinichi Murata

Akron Intellectual Property Journal

This article will explore how patent litigation in Japan has changed and will also compare and contrast aspects of patent litigation in the U.S. and Japan.

In Part II, we show recent statistical data on Japanese patent infringement litigation. Parts III and IV briefly review the Japanese judicial system and legal professionals in the area of intellectual property. Part V addresses patent-infringement actions in Japan and the recent amendments of the Code of Civil Procedure and the Patent Law. Next, Parts VI and VII discuss infringement analysis and possible defenses in patent-infringement litigation. Part VIII reviews how to calculate the …

"And If It Wasn't For Me[Rrick], Then Where Would You Be Ms. Gypsy Rose Lee?" An Argument For Copyright Protection For Theatre Directors Through A Reasonable Definition Of Theatrical Stage Directions And An Understanding Of The Theatre Company, Carlos A. Guerrero

Akron Intellectual Property Journal

Federal courts have yet to decide whether stage directions are copyrightable works, and it is unlikely that the Tam Lim lawsuit or the Urinetown controversy will bring such a decision. In the past decade, a federal court resolution as to the copyrightability of theatrical stage directions has been delayed by out of court settlements. Additionally, conflicting views by the legal6 and the artistic community's predictions of catastrophic consequences if copyright protection is extended to theatrical directors have blurred the predictability of a resolution. This article argues that theatrical stage directions should be afforded copyright protection. First, this article gives a …

Phillips V. Awh Corporation: Asking Questions, But Refusing To Hear The Answer - A Critical Analysis Of The Court Of Appeals For The Federal Circuit's Recent Decision Regarding The Use Of Dictionaries And The Standard Of Review In Claim Construction, Christopher A. Jethrow

Akron Intellectual Property Journal

This note begins in Section II by summarizing the history of the patent system and introducing two of the main issues raised in Phillips v. AWH Corp. Section III gives the history of Phillips v. AWH Corp. and how it has progressed through the legal system. Section IV analyzes the two main issues raised in Phillips and the impact of the decision. Finally, Section V concludes with closing remarks for the future of patent law in the United States.

The Lawyer's Duty Of Disclosure Ethics And Sarbanes-Oxley The New Conundrum For Patent Lawyers, Abraham C. Reich, Steven J. Rocci

Akron Intellectual Property Journal

The general purpose of this paper is to sensitize intellectual property lawyers to the potential impact on their practice created by Sarbanes-Oxley. At a more detailed level, and because of the unique challenges facing them, this paper addresses Sarbanes-Oxley's potential impact on patent lawyers who practice before the PTO, even when it is the patent lawyer's sole practice. To that end, this paper will highlight relevant portions of Rule 56, the relevant ethical code sections, and the pertinent considerations under Sarbanes-Oxley.

Injunctive Relief In The Itc Post Ebay, John F. Rabena, Kim E. Choate

Akron Intellectual Property Journal

The Supreme Court's decision in eBay Inc. v. MercExchange drastically changed the bargaining landscape for patent owners and accused infringers. Gone is the default threat of an injunction, at least for disputes that are limited to district court enforcement. Some expect the impact of eBay to usher patent owners to the U.S. International Trade Commission (ITC) in situations where jurisdiction can be met, because the ITC escapes eBay's mandate. But injunctive relief in the ITC is not foolproof. Both patent owners and accused infringers need to know the pitfalls that loom in the ITC's injunctive procedures.

The Return Of The Supreme Court To Patent Law, Timothy R. Holbrook

Akron Intellectual Property Journal

The diverse set of patent-related cases decided by the Supreme Court has demonstrated that the Court is not only concerned with narrow issues that generally fall within the penumbra of constitutional issues. Instead, the recent set of cases selected for certiorari primarily related to the core aspects of patent law. During this unsettled period in patent law, with calls for reform coming from commentators and Congress itself, the Court is beginning to articulate its viewpoints on the appropriate scope of protection afforded by patents. The following section discusses the most recent cases before the Court that either are patent cases …

Crossing The Line: The Collegiate Licensing Company's Overindulgent Attempt To Limit Small Businesses' Online Marketing Techniques Based On Frivolous Claims Of Trademark Infringement, Lauren T. Warbington

Georgia Journal of Law & Technology

No abstract provided.

The Health Impact Fund Proposal: Application In The United States' Era Of Comparative Effectiveness, Katherine Jeanne Racz

Georgia Journal of Law & Technology

No abstract provided.

Standing On The Shoulders Of Giants: How A Drastic Remodeling Of 17 U.S.C. § 108 Could Help Save Academia, Savanna Nolan

Georgia Journal of Law & Technology

No abstract provided.

Passing The Virtual Buck: How The Ninth Circuit Used Contributory Trademark Law To Expand Liability For Web Hosts, Alessandra Backus

Georgia Journal of Law & Technology

No abstract provided.

The Eye Alone Is The Judge: Images And Design Patents, Rebecca Tushnet

Georgia Journal of Law & Technology

No abstract provided.

Beauty Fades: An Experimental Study Of Federal Court Design Patent Aesthetics, Dr. Andrew W. Torrance

Georgia Journal of Law & Technology

No abstract provided.

Dastar's Next Stand, Mark P. Mckenna

Georgia Journal of Law & Technology

No abstract provided.

The End Of The Work As We Know It, Michael J. Madison

Georgia Journal of Law & Technology

No abstract provided.

Convergence After All? A Comparative View On The U.S. And Eu Trademark System In The Light Of The "Trade Mark Study", Annette Kur

Georgia Journal of Law & Technology

No abstract provided.

Functionality In Design Protection Systems, Jason J. Du Mont, Mark D. Janis

Georgia Journal of Law & Technology

No abstract provided.

The Evolution Of Copyright Law And Inductive Speculations As To Its Future, Orit Fischman-Afori

Georgia Journal of Law & Technology

No abstract provided.

A Second Look At First Sale: An International Look At U.S. Copyright Exhaustion, Alexander B. Pope

Georgia Journal of Law & Technology

No abstract provided.

Grokster And Beyond: Secondary Liability For Copyright Infringement During Live Musical Performances, Kathryn Dailey Holt

Georgia Journal of Law & Technology

No abstract provided.

Placebo Patents: Creating Stronger Intellectual Property Protection For Pharmaceuticals Approved By The U.S. Food & Drug Administration, Sarah Renee Craig

Georgia Journal of Law & Technology

No abstract provided.

"Leave Little Guys Alone!": Protecting Small Businesses From Overly Litigious Corporations And Trademark Infringement Suits, Sara Marie Andrzejewski

Georgia Journal of Law & Technology

No abstract provided.

On The Origins Of Le Droit Moral: How Non-Economic Rights Came To Be Protected In French Ip Law, Susan P. Liemer

Georgia Journal of Law & Technology

No abstract provided.

Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright, And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba

Georgia Journal of Law & Technology

No abstract provided.

Spelling Confusion: Implications Of The Ninth Circuit's View Of The "Explicitly Misleading" Prong Of The Rogers Test, Thomas M. Byron

Georgia Journal of Law & Technology

No abstract provided.

Public Transit Data Through An Intellectual Property Lens: Lessons About Open Data, Teresa Scassa

Fordham Urban Law Journal

This Article examines some of the challenges presented by the transition from ‘closed’ to open data within the municipal context, using municipal transit data as a case study. The particular lens through which this Article examines these challenges is intellectual property law. In a ‘closed data’ system, intellectual property law is an important means by which legal control over data is asserted by governments and their agencies. In an ‘open data’ context, the freedom to use and distribute content is a freedom from IP constraints. The evolution of approaches to open municipal transit data offers some interesting examples of the …

Collateral Damages: How The Smartphone Patent Wars Are Changing The Landscape Of Patent Infringement Damages Calculations, Martin West

Fordham Urban Law Journal

This Note addresses the diverging approaches to patent infringement damage calculations. Judge Alsup of the Ninth Circuit recently took a rare approach and selected Dr. James Kearl to testify as an independent damages expert in Oracle v. Google under Rule 706 of the Federal Rules of Civil Procedure. In contrast, Judge Posner of the Seventh Circuit recently dismissed the Apple v. Motorola lawsuit finding each party failed to present adequate evidence of their respective damages claims. Judge Koh of the Ninth Circuit took yet another approach using a more relaxed level of admissibility for expert testimony relating to infringement damage …

The Costs Of Harmonization: The Embrace Of An International Copyright Regime In Golan V. Holder, Angelie Thomas

Journal of International and Comparative Law

No abstract provided.

Seeing Color: Implications Of The European Union's New Common Practice For Transatlantic Trademark Registration By United States Trademark Holders, Christine Park

Seattle University Law Review

This Note explores two issues related to the EU’s new common practice: (1) whether the new common practice will deter ongoing efforts to integrate trademark registration and protection at the international level; and (2) whether U.S. trademark holders, when expanding business into the EU, should register through the Madrid Protocol and obtain Community Trade Mark or register through a country’s trademark office. This Note argues that the new trademark practice hinders international efforts for standardizing trademark registration and that U.S. trademark holders should claim color when registering their marks with the EU.

Search Engines And § 512(D) Of The D.M.C.A., Amy Blom

Journal of Law, Technology, & the Internet

No abstract provided.

I'M A Little Treepot: Conceptual Separability And Affording Copyright Protection To Useful Articles, Sonja Wolf Sahlsten

Florida Law Review

To determine if a useful article—generally ineligible for copyright protection—has pictorial, graphic, or sculptural features that are copyrightable, the Copyright Act and the legislative intent expressed through the Act’s legislative history require that those artistic features be identified separately and capable of existing independently of the utilitarian function of the work. If the artistic features are either physically or conceptually separable from the utilitarian function of the work, then they are copyrightable. However, determining if artistic features are conceptually separable from the utilitarian function of the work has proven to be extremely difficult.

Since Mazer v. Stein, the U.S. …