Intellectual Property Law Commons^™

Antitrust Limits On Targeted Patent Aggregation, Alan Devlin

Florida Law Review

Patent-assertion entities (PAEs) are non-technology-practicing companies that aggregate and license patents under threat of suit. Their activities have drawn fire, including presidential condemnation, and spurred proposed legislation to protect operating firms against them. PAEs leverage flaws in the patent system to extort firms that independently invent and sell technological goods to consumers. Since PAEs tax innovators and appear to restrict rather than facilitate wealth transfer to original patentees, their worst rent-seeking practices almost certainly reduce net incentives to innovate and harm consumers. This result is more likely if the principal desirable incentive that PAEs create is to file patents rather …

Inventive Application: A History, Jeffrey A. Lefstin

Florida Law Review

The Supreme Court’s recent cases on patent-eligible subject matter have struggled to draw the line between unpatentable fundamental principles, such as laws of nature and abstract ideas, and patentable inventions. In Mayo v. Prometheus, the Court suggested that only “inventive applications” of fundamental principles fall within the domain of the patent system. Both Mayo and its intellectual forebear, Parker v. Flook, anchored this doctrine in Neilson v. Harford, the famous “hot blast” case decided by the Court of Exchequer in 1841.

But the Supreme Court has founded the inventive application doctrine on a basic misapprehension. Neilson’s patent …

History, Trips, And Common Sense: Curbing The Counterfeit Drug Market In Sub-Saharan Africa, Hannah Elizabeth Jarrells

Georgia Journal of International & Comparative Law

No abstract provided.

Committee On Institutional Cooperation 2014-2015 Annual Report: The Power Of The Collective, Committee On Institutional Cooperation

Copyright, Fair Use, Scholarly Communication, etc.

Launched in 1958 by the university presidents as the academic counterpart to the Big Ten Athletic Conference, the CIC connects faculty and staff across the fifteen campuses to increase opportunities, save money, and solve problems. Throughout the years, CIC leaders have developed a nationally recognized portfolio of effective programs and initiatives that leverage resources and expertise and amplify our collective impact in the wider world. With a focus on recruiting, retaining, and engaging faculty, the CIC’s academic leadership programs are considered to be among the best professional development opportunities in higher education. By enhancing the leadership capabilities of faculty and …

How Readers Discover Content In Scholarly Publications, Tracy Gardner, Simon Inger

Copyright, Fair Use, Scholarly Communication, etc.

This report is the output of a large-scale survey of readers of scholarly publications (n=40439) and their behaviour in the discovery of journal articles and online books. The survey was conducted during October, November, and December of 2015. While usage statistics and analytics gathered by publishers, libraries and intermediaries can give us a partial view of discovery behaviour, there are many gaps in the knowledge that these can provide which we have endeavoured to fill by asking readers what tools they use in discovery.6

This survey builds upon previous surveys conducted by the authors in 2005, 2008 and 2012. For …

The Right-Of-Publicity Challenges For Tattoo Copyrights, Yolanda M. King

Nevada Law Journal

No abstract provided.

Manufacturing Barriers To Biologics Competition And Innovation, W. Nicholson Price Ii., Arti K. Rai

Articles

As finding breakthrough small-molecule drugs becomes more difficult, drug companies are increasingly turning to "large molecule" biologics. Although biologics represent many of the most promising new therapies for previously intractable diseases, they are extremely expensive. Moreover, the pathway for generic-type competition set up by Congress in 2010 is unlikely to yield significant cost savings. This Article provides a fresh diagnosis of and prescription for this major public policy problem. It argues that the key cause is pervasive trade secrecy in the complex area of biologics manufacturing. Under the current regime, this trade secrecy, combined with certain features of Food and …

Statutory Damages For Use Of A "Counterfeit Trade Mark" And For Copyright Infringement In Singapore: A Radical Remedy In The Law Of Intellectual Property Or One In Need Of A Rethink?, Gordon Ionwy David Llewelyn

Research Collection Yong Pung How School Of Law

The difficulty in (trade mark) counterfeiting and (copyright) piracy cases of assessing damages on traditional tortious principles led to the introduction into Singapore law of the statutory damages remedy in 2004, following the US–Singapore Free Trade Agreement. The new remedy does not require the successful plaintiff to prove its loss in the standard way and allows the court to take into account both the behaviour of the defendant and the need to deter such activities when making awards. Despite the radical nature of the remedy, which was generally welcomed by rights-owners at the time of its introduction more than a …

An Intentional Tort Theory Of Patents, Saurabh Vishnubhakat

Faculty Scholarship

This Article challenges the dogma of U.S. patent law that direct infringement is a strict liability tort. Impermissibly practicing a patented invention does create liability even if the infringer did not intend to infringe or know about the patent. The consensus is that this is a form of strict liability. The flaw in the consensus is that it proves too little, for the same is true of intentional torts: intent to commit the tort is unnecessary, and ignorance of the legal right is no excuse. What is relevant is intent to perform the action that the law deems tortious. So …

The Youngest Patent Validity Proceeding: Evaluating Post-Grant Review, Saurabh Vishnubhakat

Faculty Scholarship

Of the three major ex post patent validity challenge mechanisms that the 2011 Leahy-Smith America Invents Act put into place, the third is beginning to show signs of use. Post-grant review is an administrative proceeding of remarkable breadth as compared both to inter partes review and to the transition program for covered business method patents. Thus far, however, patent challengers have made very limited use of post-grant reviews: in the nearly three years since the procedure became available, the United States Patent and Trademark Office has received only about two dozen petitions for post-grant review. By contrast, the number of …

Is Using Call Of Duty In This Comment Infringement?, Brittany Frandsen

BYU Law Review

No abstract provided.

Collecting Attorneys' Fees Under The Lanham Act: The Shifting Definition Of An "Exceptional Case", Kevin R. Miller, Brian M. Block

Seton Hall Circuit Review

No abstract provided.

Legal Nature Of Emails: A Comparative Perspective, Edina Harbinja

Duke Law & Technology Review

There is currently a conflict between laws and the market in their treatment of email. Laws mandate that emails are not protected as property unless copyrightable or protected by another legal mechanism. But the market suggests that emails are user-owned property without further qualification. Moreover, the nature of email is treated slightly differently between the U.S. and U.K. legal regimes. While the current legal regimes applicable to email in the U.K. and U.S. are reasonable, legal harmonization within these systems, and with the service provider market, should be achieved.

Using Copyright To Remove Content: An Analysis Of Garcia V. Google, Elizabeth Martin

Fordham Intellectual Property, Media and Entertainment Law Journal

This Note will investigate how individuals attempt to use copyright law, instead of seeking damages for emotional distress or privacy, by using Garcia I and Garcia II as examples. Part I will provide background on Garcia I and Garcia II, the facts leading up to the lawsuit, the first decision and the criticism surrounding it, and the second decision. Part II will discuss what other legal methods Garcia may have used to achieve the same result and potentially obtain the same relief if she decided not to sue for copyright infringement. Part III will look beyond Garcia I and Garcia …

The Lost Language Of The First Amendment In Copyright Fair Use: A Semiotic Perspective Of The “Transformative Use” Doctrine Twenty-Five Years On, David Tan

Fordham Intellectual Property, Media and Entertainment Law Journal

It has been twenty-five years since Judge Pierre Leval published his iconic article, “Toward a Fair Use Standard,” urging that courts adopt a new guiding principle of “transformative use” to determine whether an unauthorized secondary use of a copy-righted work is fair. The Supreme Court’s emphatic endorsement of this approach in 1994 has resulted in a remarkable judicial expansion of the transformative use doctrine which today covers virtually any “creation of new information, new aesthetics, new in-sights and understandings.” While the Supreme Court reiterated in Golan v. Holder in 2012 that the fair use defense is one of copyright law’s …

Free And Open Source Software In Municipal Procurement:The Challenges And Benefits Of Cooperation, Justin C. Colannino

Fordham Urban Law Journal

The use of free and open source software by municipal governments is the exception rather than the rule. This is due to a variety of factors, including a failure of many municipal procurement policies to take into account the benefits of free software, free software vendors second-to-market status, and a lack of established free and open source software vendors in niche markets. With feasible policy shifts to improve city operations, including building upon open standards and engaging with free software communities, municipalities may be able to better leverage free and open source software to realize fully the advantages that stem …

Real Resources For Researching Ip Law, Anne Burnett

Presentations

A presentation on strategies for researching intellectual property law in classroom I.

Just You And Me And Netflix Makes Three: Implications For Allowing "Frictionless Sharing" Of Personally Identifiable Information Under The Video Privacy Protection Act, Kathryn Elizabeth Mccabe

Georgia Journal of Law & Technology

No abstract provided.

Rants And Raves: Craigslist's Attempt To Stop Innovating Third-Party Web Developers With Copyright Law, Stephanie Marie Davies

Georgia Journal of Law & Technology

No abstract provided.

A "Sunbeam" Of Hope: The Seventh Circuit's Solution Overcoming Disparaging Treatment To Trademark Licenses Under The Bankruptcy Code, Jarrod N. Cone

Georgia Journal of Law & Technology

No abstract provided.

A Pharmaceutical Park Place: Why The Supreme Court Should Modify The Scope Of The Patent Test For Reverse Payment Deals, David Ernest Balajthy

Georgia Journal of Law & Technology

No abstract provided.

Evil Angel Eulogy: Reflections On The Passing Of The Obscenity Defense In Copyright, James R. Alexander

Georgia Journal of Law & Technology

No abstract provided.

The American Invents Act And The Best Mode Requirement: Where Do We Go From Here?, Andrew Thomas Robinson

Georgia Journal of Law & Technology

No abstract provided.

I Cann't Believe It's Not Better: Why New Gtlds Aer Bad For Brand Owners And Trademark Law, Alexandra Morgan Joseph

Georgia Journal of Law & Technology

No abstract provided.

Capitol Records, Inc: Holding No Public Performance Violations For Deleting Duplicative Files Off Cloud Servers And The Positive Future Implications Regarding Consumer Efficiency, Christina Chow

Georgia Journal of Law & Technology

No abstract provided.

A New Hope For Copyright: The U.K. Supreme Court Ruling In Lucasfilm Ltd. V. Ainsworth And Why Congress Should Follow Suit, Kristen Elisabeth Bollinger

Georgia Journal of Law & Technology

No abstract provided.

You Look Complicated Today: Representing An Illegal Graffiti Artist In A Copyright Infringement Case Against A Major International Retailer, John Eric Seay

Georgia Journal of Law & Technology

No abstract provided.

Complete Preemption And Copyright: Toward A Successive Analysis, Mark Lindsay

Georgia Journal of Law & Technology

No abstract provided.

Copy Game For High Score: The First Video Game Lawsuit, William K. Ford

Georgia Journal of Law & Technology

No abstract provided.

United States Administration For Community Living (Acl) Response To The Office Of Science And Technology Policy Memo, 2013: Public Access Plan (February 2016)

Copyright, Fair Use, Scholarly Communication, etc.

ACL response to OSTP memo, 2013: Public Access Plan (February 2016)