Intellectual Property Law Commons^™

Tc Heartland, A Legally Wrong Painkiller For The Forum Shopping Problem, Xincheng Ma

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Assessment Of Disclosure In European Prodrug Patent Claims, Mari Minn Phd, Llm

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Table Of Contents, Editors

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Focusing Patent Litigation, Bernard Chao

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Mixed Case For A Ptab Off-Ramp, Saurabh Vishnubhakat

Chicago-Kent Journal of Intellectual Property

No abstract provided.

State Immunity And The Patent Trial And Appeal Board, Tejas N. Narechania

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Copyright & Roster

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Sovereign Immunity: A “Get Out Of Jail Free” Card For State Patent Owners At The Ptab, Anthony Zucchero, Warren Thomas

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Navigating Uncertainty — Addressing Purely Functional Claim Limitations In A Post-Williamson World With Ongoing Ptab Climate Change, Kenneth Darby, Rick Bisenius

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Table Of Contents

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Indefiniteness In Inter Partes Review: The Existing Quagmire And A Path Forward, Christopher S. Geyer, Daniel C. Tucker, Jency J. Mathew

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Precedential Opinion Panel Resolves Conflicts In Ptab Opinions On Joinder: The Role Of Amicus Briefs, Jihong Lou, Matthew W. Johnson, Chris Z. Liu

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Explain Yourself: Federal Circuit Review Of Ptab Decisions Under The Apa, M. Andrew Holtman, Clara N. Jiménez, Samhitha Muralidhar Medatia

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Proposal To Expedite Joinder In Inter Partes Review, Andrew S. Baluch, Teresa Stanek Rea

Chicago-Kent Journal of Intellectual Property

No abstract provided.

The Patentability Of Genetic Therapies: Car-T And Medical Treatment Exclusions Around The World, Luis Gil Abinader, Jorge L. Contreras

Utah Law Faculty Scholarship

More than eighty countries, including the members of the European Patent Convention, the United States, Canada, New Zealand, China, Japan, and India, currently exclude or limit the patentability of methods of medical treatment. CAR-T and other recent gene and cell therapies, which operate based on the extraction of genetic or cellular material from a patient, the alteration of such material, and the reintroduction of such material to the patient’s body, should, under most or all of these legal regimes, be considered medical treatments that are thus excluded from patentability, or as to which patent enforcement is limited. Accordingly, we urge …

Sui-Genericide, Jorge L. Contreras

Utah Law Faculty Scholarship

Generic terms – those that describe a general class of goods or services – are not eligible for trademark protection. Firms have historically gone to great lengths to prevent their trademarks from becoming generic – a fate often referred to as genericide. But in a few rare cases, firms have voluntarily declared certain terms that they have created to be generic, a phenomenon that I refer to as “sui-genericide”. This article explores the little-discussed phenomenon of sui-genericide, both its origins in government-sponsored programs of the mid-twentieth century and its most recent incarnation in the area of technical interoperability standards. Though …

Open And Equitable Scholarly Communications: Creating A More Inclusive Future, Nancy Maron, Rebecca Kennison, Paul Bracke, Nathan Hall, Isaac Gilman, Kara Malenfant, Charlotte Roh, Yasmeen Shorish

Copyright, Fair Use, Scholarly Communication, etc.

For many years, the academic and research library workforce has worked to accelerate the transition to more open and equitable systems of scholarship. While significant progress has been made, barriers remain. The Association of College and Research Libraries (ACRL) seeks to stimulate further advances through this action- oriented research agenda, which is designed to provide practical, actionable information for academic librarians; include the perspectives of historically underrepresented communities in order to expand the profession’s understanding of research environments and scholarly communication systems; and point librarians and other scholars toward important research questions to investigate. This report represents a yearlong process …

Automation & Predictive Analytics In Patent Prosecution: Uspto Implication & Policy, Tabrez Y. Ebrahim

Georgia State University Law Review

Artificial-intelligence technological advancements bring automation and predictive analytics into patent prosecution. The information asymmetry between inventors and patent examiners is expanded by artificial intelligence, which transforms the inventor– examiner interaction to machine–human interactions. In response to automated patent drafting, automated office-action responses, “cloems” (computer-generated word permutations) for defensive patenting, and machine-learning guidance (based on constantly updated patent-prosecution big data), the United States Patent and Trademark Office (USPTO) should reevaluate patent-examination policy from economic, fairness, time, and transparency perspectives. By conceptualizing the inventor–examiner relationship as a “patenting market,” economic principles suggest stronger efficiencies if both inventors and the USPTO have better …

Global Rate Setting: A Solution For Standards-Essential Patents?, Jorge L. Contreras

Washington Law Review

The commitment to license patents that are essential to technical interoperability standards on terms that are fair, reasonable, and non-discriminatory (FRAND) is a fundamental mechanism that enables standards to be developed collaboratively by groups of competitors. Yet disagreements over FRAND royalty rates continue to bedevil participants in global technology markets. Allegations of opportunistic hold-up and hold-out arise with increasing frequency, spurring competition authorities to investigate and intervene in private standardsetting. And litigation regarding compliance with FRAND commitments has led courts around the world to adjudicate FRAND royalty rates, often on a global basis, but using very different methodologies and doctrinal …

The Future Of Open Access Books: Findings From A Global Survey Of Academic Book Authors, Ros Pyne, Christina Emery, Mithu Lucraft, Anna Sophia Pinck

Copyright, Fair Use, Scholarly Communication, etc.

This report presents the findings from an online survey conducted in February and March 2019 to gather author feedback on open access (OA) books. Survey questions were designed to build on previous studies of OA for journal authors, as well as previous research on OA books, to assess the current awareness, attitudes and behaviours of authors who have and have not previously published OA. The raw anonymised data has been made freely available under a CC BY licence.2 Of 5,509 responses, 2,542 book authors completed the survey, and only these responses have been analysed here. Of these, 407 authors had …

Opting Into Device Regulation In The Face Of Uncertain Patentability, Rebecca S. Eisenberg

Articles

This article examines the intersection of patent law, FDA regulation, and Medicare coverage in a particularly promising field of biomedical innovation: genetic diagnostic testing. First, I will discuss current clinical uses of genetic testing and directions for further research, with a focus on cancer, the field in which genetic testing has had the greatest impact to date. Second, I will turn to patent law and address two recent Supreme Court decisions that called into question the patentability of many of the most important advances in genetic testing. Third, I will step outside patent law to take a broader view of …

Is The Supreme Court’S Patentable Subject Matter Test Overly Ambiguous? An Empirical Test, Jason D. Reinecke

Utah Law Review

This Article shows that the new two-step patent-eligibility test is not as unadministrable as at least its most ardent critics have suggested. More research is necessary to ascertain how much better the attorneys would have predicted court outcomes had they spent more time on their predictions and had access to more information.

Law And The “Sharing Economy”: Regulating Online Market Platforms By Derek Mckee, Finn Makela & Teresa Scassa, John D. Gregory

Canadian Journal of Law and Technology

No abstract provided.

Digital Evidence: A Practitioner’S Handbook By Gerald Chan & Susan Magotiaux, Robert J. Currie

Canadian Journal of Law and Technology

No abstract provided.

Owning Colors, Deborah R. Gerhardt, John Mcclanahan Lee

Faculty Publications

Part I of this article explores how different disciplines have contended with understanding color as a signifier of embodied and referential meaning. As a path towards understanding embodied meaning, we summarize what scientific literature teaches about the process behind color vision and biological responses to different color wavelengths. We then turn to the referential or learned meaning of colors. The scholarly literature from psychology, art, religious history, marketing, political science, and behavioral economics overwhelmingly supports the proposition that color sends varied and contradictory expressive signals that are elastic over time and cultural context. Given the many possible and contradictory messages …

Legal Sets, Jeremy N. Sheff

Cardozo Law Review

In this Article, I propose that the practices of legal reasoning and analysis are helpfully understood as being primarily concerned not with rules or propositions, but with sets. This Article develops a formal model of the role of sets in the practices of legal actors in a common-law system defined by a recursive relationship between cases and rules. In doing so, it demonstrates how conceiving of legal doctrines as a universe of discourse comprising (sometimes nested or overlapping) sets of cases can clarify the logical structure that governs marginal cases and help organize the available options for resolving such cases …

The Mixed Case For A Ptab Off-Ramp, Saurabh Vishnubhakat

Faculty Scholarship

This Essay begins from the emerging agenda in the political branches for reforming various aspects of the USPTO Patent Trial and Appeal Board, and focuses on a particular reform: the creation of a PTAB off-ramp whereby a patent being challenged in an administrative revocation proceeding could be removed into a system primarily aimed at amending its claims and preserving its validity. To put the proposal into perspective, the Essay presents specific empirical trends, largely unexplored until now, that implicate patent reliance interests to which the PTAB has done injury. Ultimately, because the benefits and costs from a PTAB off-ramp are …

Coalition S: Accelerating The Transition To Full And Immediate Open Access To Scientific Publications, Science Europe

Copyright, Fair Use, Scholarly Communication, etc.

Part I: The Plan S Principles: “With effect from 2021, all scholarly publications on the results from research funded by public or private grants provided by national, regional and international research councils and funding bodies, must be published in Open Access Journals, on Open Access Platforms, or made immediately available through Open Access Repositories without embargo.”

Part II: Guidance on the Implementation of Plan S 1. Aim and Scope Plan S aims for full and immediate Open Access to peer-reviewed scholarly publications from research funded by public and private grants. cOAlition S, the coalition of research funders that have committed …

Patents As Credentials, Jason Rantanen, Sarah E. Jack

Washington and Lee Law Review

The conventional explanation for why people seek patents draws on a simple economic rationale. Patents, the usual story goes, provide a financial reward: the ability to engage in supracompetitive pricing by excluding others from practicing the claimed technology. People are drawn to file for patents because that is how these economic rewards are secured. While scholars have proposed variations on the basic exclusionary mechanism, and there is a general acknowledgement that patents can affect a firm’s reputation, the actual mechanisms of patents’ effect on individuals — human beings — remains relatively uncharted. In this Article we offer a concrete theory …

Reuse, Remix, And Create With Creative Commons Licenses, Andrée Rathemacher

Technical Services Faculty Presentations

Slides from a presentation, "Reuse, Remix, and Create with Creative Commons Licenses," presented at the Rhode Island Library Association Annual Conference 2019, Get Informed!, on May 23, 2019 in North Smithfield, Rhode Island.

An openly-shared Google Slides version of this presentation is also available at https://bit.ly/2w6maqH.

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REUSE, REMIX, AND CREATE WITH CREATIVE COMMONS LICENSES | ROOM 2A

What are Creative Commons (CC) licenses and how do they work? What is the difference between something that is free online and something that is truly “open”? Did you know that it is often a Creative Commons license that puts …