Intellectual Property Law Commons^™

Patent Disclosures And Time, Timothy R. Holbrook

Sturm College of Law: Faculty Scholarship

Patents by their very nature are pregnant with considerations of time. The exclusive rights they afford only last for a finite period — generally from issuance until twenty years from the filing date of the application. Moreover, since patents necessarily engage with the evolution of technology, patents reflect various “snap shots” in time that reflect the state of the art at a particular moment. Patent law must constantly wrestle with time.

Many of these topics have been explored extensively in both judicial decisions and the academic literature. The most obvious example of considering the temporal aspect of patent law is…obviousness. …

The Patent Trial And Appeal Board’S Evolving Impact On Claim Construction, Timothy R. Holbrook

Sturm College of Law: Faculty Scholarship

This Article explores the potential impact the The Patent Trial and Appeal Board (PTAB) could have on broader claim construction doctrine. It starts by offering an overview of claim construction in the courts and in the USPTO. It then considers the potential unintended consequence of a particular Federal Circuit decision, Marine Polymer. Marine Polymer decided a seemingly narrow question: whether the defense of intervening rights could be triggered only by a narrowing amendment at the USPTO or whether a disclaimer of claim scope could also create intervening rights. The court decided the former such that disclaimers of claim scope, absent …

The Supreme Court’S Quiet Revolution In Induced Patent Infringement, Timothy R. Holbrook

Sturm College of Law: Faculty Scholarship

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 …

“Owning” What You “Buy”: How Itunes Uses Federal Copyright Law To Limit Inheritability Of Content, And The Need To Expand The First Sale Doctrine To Include Digital Assets, Anthony C. Eichler

Student Scholarship

This article will first discuss the background and history of digital assets, the question of inheritability, and the inherent problems with the iTunes user agreement. Next, this article poses an argument that the iTunes user agreement is an adhesion contract leaving the consumer no choice but to accept, and further that the agreement leads to an unconscionable result that robs people of property rights that they likely (and reasonably) believed they had. Then it will discuss the First Sale Doctrine's applicability to assets generally and how federal copyright law needs to be amended and expanded so that the First Sale …

Meet The Patents: Fostering Innovation And Reducing Costs By Opening Patent Portfolios, Sean D. Harding

Journal of Business & Technology Law

No abstract provided.

The Interaction Of Exhaustion And The General Law, Aaron K. Perzanowski, Ariel Katz, Guy A. Rub

Faculty Publications

In Statutory Domain and the Commercial Law of Intellectual Property, John Duffy and Richard Hynes argue that IP exhaustion — the doctrine that limits a patentee’s or copyright holder’s control over goods in the stream of commerce — was created and functions exclusively to confine IP law within its own domain and prevent it from displacing other laws.

In this essay, we explain why we are not persuaded. A central theme in Duffy and Haynes work is the argument that the common law did not play a role in the emergence and development of exhaustion. However, we show that the …

Final Report: Eunis – Eurocris Joint Survey On Cris And Ir, Lígia Ribeiro, Pablo De Castro, Michele Mennielli

Copyright, Fair Use, Scholarly Communication, etc.

The rising strategic importance of Current Research Information Systems (CRISs) and Institutional Repositories (IRs) for higher education and research institutions relates to the need to foster research and innovation and to provide a faster and broader technology transfer to industry and society. These are critical factors for global competitiveness, and the increasing competition among institutions to increase and disseminate excellence in research is another area where these systems provide a key contribution. Additional important elements with a strong impact on such strategic evolution are the new policies on Open Access, National Research Assessment and Research Funding. It is indeed from …

Towards A Community Patent, Antonio G. Tapia

Florida A & M University Law Review

During the European Patent Forum of May 2008, Gunter Verheugen, European Commissioner for Enterprise and Industry, declared there was an "urgent need [for a community patent]." The sentiment was well received. However, in 2009, all attempts to implement a patent policy to standardize prosecution and grant across all European Union Community countries failed. Since the 1970's, there have been ongoing discussions toward the creation of a Community-wide patent in the European Union (EU). In 2003, prospects for enacting a Community Patent Regulation (CPR) seemed hopeful and almost complete. However, in 2004, a stalemate arose which made the enactment of the …

All's Fair In Copyright And Costumes: Fair Use Defense To Copyright Infringement In Cosplay, Molly Rose Madonia

Marquette Intellectual Property Law Review

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Marquette Intellectual Property Law Review

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Skating On Thin Ice: The Intellectual Property Ramifications Of A Figure Skater's Public Performance, Vanessa E. Richmond

Marquette Intellectual Property Law Review

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Recommendations For Standardized International Rights Statements, Rightsstatements.Org, International Rights Statements Working Group

Copyright, Fair Use, Scholarly Communication, etc.

Europeana, the Digital Public Library of America (DPLA), and many other 1 2 libraries, archives and other cultural heritage institutions believe that everyone should be able to engage with their cultural heritage online. We can help achieve this by giving cultural heritage institutions simple and standardized terms to summarize the copyright status of Works in their collection and how they may be used. These simple and standardized terms we call “Rights Statements.” Providing this information is essential for those who wish to actively engage with the Works they find online. Can they use it in a school report? Print it …

Human Development As A Core Objective Of Global Intellectual Property, J. Janewa Oseitutu

Faculty Publications

Global intellectual property obligations shape domestic laws and policies. More than twenty years since the first multilateral trade-based intellectual property agreement, critics contend that global intellectual property law prioritizes intellectual property rights over other interests, and profits over people. Faced with international intellectual-property obligations, nations have been forced to justify laws and policies designed to promote human development in areas such as health and education as exceptions to intellectual property protection. This is the result of legal interpretations that treat the objectives of intellectual property protection and human development as inconsistent with one another. Drawing on the objectives of trade …

Intellectual Property, Climate Change And Development, Dalindyebo Shabalala

School of Law Faculty Publications

Since the wave of independence that swept former European colonies in the middle to late twentieth century, access to technology and knowledge has been at the core of demands for restitution and aid by developing countries. The demands found their strongest expression in the Declaration on the Establishment of a New International Economic Order (NIEO) 1974 which sought, among other things:

“Giving to the developing countries access to the achievements of modern science and technology, and promoting the transfer of technology and the creation of indigenous technology for the benefit of the developing countries in forms and in accordance with …

Gender Biases In Cyberspace: A Two-Stage Model, The New Arena Of Wikipedia And Other Websites, Shlomit Yanisky-Ravid, Amy Mittelman

Fordham Intellectual Property, Media and Entertainment Law Journal

Increasingly, there has been a focus on creating democratic standards and norms in order to best facilitate open exchange of information and communication online―a goal that fits neatly within the feminist aim to democratize content creation and community. Collaborative websites, such as blogs, social networks, and, as focused on in this Article, Wikipedia, represent both a cyberspace community entirely outside the strictures of the traditional (intellectual) proprietary paradigm and one that professes to truly embody the philosophy of a completely open, free, and democratic resource for all. In theory, collaborative websites are the solution for which social activists, intellectual property …

The Depiction Of Trademarked Landmarks In Fictional Films: Protecting Filmmakers From Infringement And Dilution Liability, 15 J. Marshall Rev. Intell. Prop. L. 676 (2016), Joel Timmer

UIC Review of Intellectual Property Law

Many well-known landmarks, like the Empire State Building, are protected as trademarks. This trademark status may be used by trademark holders to attempt to control or limit the depictions of those landmarks in artistic works like feature films. Using the trademarked Hollywood Sign as an example, this article examines the status of landmarks as trademarks as well as the protections trademark holders have over unauthorized depictions of trademarked landmarks through actions for trademark infringement or trademark dilution. Concluding that trademark dilution is more likely the proper cause of action for the unauthorized depiction of trademarks in films, this article then …

The Emergence Of The Innovative Entity: Is The Patent System Left Behind?, 16 J. Marshall Rev. Intell. Prop. L. 66 (2016), Talya Ponchek

UIC Review of Intellectual Property Law

This article is concerned with the question of whether the United States patent system achieves its goal, set by policymakers, to promote innovation. The article provides a systematic review of two bodies of literature and how each of them perceives the process and identity of the innovator. First, a review of the development of U.S. patent system, from pre-legislation England to the U.S. federal system, alongside the developments of the classical reasoning for property rights allocation, revealing that as the Anglo-American patent system is rooted in the privileges system, it views innovation as the creation of an individual inventor. Second, …

Blurring The Line: An Examination Of Technological Fact-Finding In Music Copyright Law, 16 J. Marshall Rev. Intell. Prop. L. 115 (2016), Jeremy Aregood

UIC Review of Intellectual Property Law

The result of Williams v. Bridgeport Music, Inc. highlights a major issue in musical plagiarism factfinding. Different circuits employ different tests for fact-finding, however all the tests involve some form of objective criteria that is guided by expert witnesses who perform musical analyses. Because expert witnesses influence their analysis with their own subjective interpretations of the music, and because juries are not fully aware of the distinction between objective and subjective analysis, juries have a distinct possibility of returning a verdict that contradicts the evidence and public policy. New advancements in technology and computation may assist courts in evaluating the …

Copyright For Publishing, Paul Royster

University of Nebraska-Lincoln Libraries: Presentations

What does copyright cover? What is public domain? What is and is not copyrightable and in copyright? How to get copyright?

Copyright’S Not So Little Secret: The Orphan Works Problem And Proposed Orphan Works Legislation, Aaron C. Young

Cybaris®

No abstract provided.

Countering The Plaintiff’S Anchor: Jury Simulations To Evaluate Damages Arguments, John Campbell, Bernard Chao, Christopher Robertson, David Yokum

Sturm College of Law: Faculty Scholarship

Numerous studies have shown that the amount of a juror's damages decision is strongly affected by the number suggested by the plaintiffs attorney, independent of the strength of the actual evidence (a psychological effect known as "anchoring"). For scholars and policymakers, this behavior is worrisome for the legitimacy and accuracy of jury decisions, especially in the domain of non-economic damages (e.g., pain and suffering). One noted paper even concluded that "the more you ask for, the more you get. " Others believe that the damage demand must pass the "straight-face" test because outlandishly high demands will diminish credibility and risk …

Intellectual Property And The University: An Introduction, Jacob H. Rooksby

Duquesne Law Review

No abstract provided.

A Social Responsibility View Of The "Patent-Centric Linear Model" Of University Technology Transfer, Christopher S. Hayter

Duquesne Law Review

Research universities are increasingly recognized for their role in regional and national economic prosperity. The contributions of research universities are primarily related to their role in the production and dissemination of new knowledge into society, including through the education of students.

New knowledge is the seed corn of innovation, and thus drives social and economic development. Given that research universities are sanctioned by society as non-profit, publicly-chartered organizations devoted to the public good, this article posits that their primary responsibility related to the production of new knowledge-especially new knowledge flowing from federally-funded research-is its rapid dissemination. While there are many …

The Role Of Auctions In University Intellectual Property Transactions, Daniel R. Cahoy, Anthony M. Kwasnica, Luis A. Lopez

Duquesne Law Review

Reflecting the trend in the business community, universities are increasingly investing in intellectual property rights. But they are often unsuccessful in realizing licensing revenues that provide adequate return on investment. This paper considers how auctions could potentially increase licensing efficiency and make university intellectual property transactions more productive. The paper begins by placing the auction in the universe of possible transaction forms and considers how well it aligns to the unique nature of university rights. Penn State's recent patent auctions provide useful context. The paper then provides recommendations to modify the auction structure for maximum benefit in university intellectual property …

The Many Faces Of Bayh-Dole, Emily Michiko Morris

Duquesne Law Review

No abstract provided.

Centering Education In The Next Great Copyright Act: A Response To Professor Jaszi, Deidre A. Keller, Anjali S. Vats

Duquesne Law Review

No abstract provided.

Under Seal But Not Under Law: In Re City Of Houston's Effect On Municipal Insignias, Tyler M. Helsel

Marquette Intellectual Property Law Review

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Marquette Intellectual Property Law Review

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The Case For Incentivizing Healthy Food By Using Patents, Enrico Bonadio

Marquette Intellectual Property Law Review

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Collegiate Athletes And The Right To Their Marks, Joseph E. Clemente

Marquette Intellectual Property Law Review

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