Intellectual Property Law Commons^™

In Juno V. Kite The Federal Circuit Strikes Down Patent Directed Towards Pioneering Innovation In Car T-Cell Therapy, Christopher M. Holman

Faculty Works

Chimeric antigen receptor T-cells (also known as CAR T-cells) are T-cells that have been genetically engineered to produce an artificial T-cell receptor for use in immunotherapy. In recent years CAR-T cell therapy has emerged as an important new modality of cancer treatment, particularly for blood-borne cancers like leukemia. As would be expected, important advances in the development of CAR T-cell therapy have been the subject of extensive patenting and licensing activity. Juno v. Kite, a recent decision of the Court of Appeals of the Federal Circuit striking down a foundational CAR T-cell therapy patent, has raised serious questions as to …

Open Research Toolkit List Of References, Christopher Eaker

Copyright, Fair Use, Scholarly Communication, etc.

The Open Research Toolkit was created by Christopher Eaker during Faculty Development Leave, Fall 2021. While this toolkit was designed for librarians for learning open research concepts and skills and teaching them at their institutions, it would be useful for anyone interested in learning more about open research. Any questions related to this content can be directed to the author.

Copyright Notice

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Considerations For Means-Plus-Function Construction, Michelle Aspen

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Chicago-Kent Journal Of Intellectual Property Editorial Board 2021-2022

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Table Of Contents

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Ptab Bar Editorial Board

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Review Of Post-Arthrex Handling Of Pending Federal Circuit Appeals With Appointment Clause Challenges, Matthew Johnson, John Evans, Hannah Mehrle

Chicago-Kent Journal of Intellectual Property

No abstract provided.

"Dupe Influencers" And Fraudulent Advertising: Trademark Infringement On Social Media, Cardozo Intellectual Property Law Society

2021–2022 Flyers

No abstract provided.

Like And Subscribe: The Fight For Student Athletes’ Nil Rights, Jovanny Nava

SLU Law Journal Online

Recent developments in state law concerning student athlete’s ability to monetize their name, image, and likeness, as well as the Supreme Court’s recent ruling striking down similar restrictions, does not bode well for the NCAA’s remaining policies. In this article, Jovanny Nava explores the implications of these developments.

Conflict Of Laws, Geoblocking, And Intellectual Property, Marketa Trimble

Media & Informal Publications

Professor Trimble's presentation on geoblocking and intellectual property for IP Colloquium, Indiana University Maurer School of Law (Nov. 4, 2021).

Intro To Ip, Cardozo Office Of Career Services, Cardozo Intellectual Property Law Society

2021–2022 Flyers

No abstract provided.

Non-Patent Intellectual Property Barriers To Covid-19 Vaccines, Treatment And Containment, Sean Flynn, Erica Nkrumah, Luca Schirru

Joint PIJIP/TLS Research Paper Series

As the World Trade Organization considers a proposal to waive or otherwise address intellectual property barriers to the global response to the COVID-19 pandemic, most of the attention given by scholars and policy makers has been focused on patents. The original proposals by South Africa and India, as well as the groundbreaking support of the United States, however, explicitly applied to all forms of intellectual property. This paper documents many instances where non-patent forms of intellectual property create barriers to the global scale up of access to vaccines, treatments, and the ability to contain the virus through social distancing. Addressing …

Vaccine Clinical Trials And Data Infrastructure, Ana Santos Rutschman

Utah Law Review

We find ourselves at a momentous turn in the history of vaccines. The COVID-19 pandemic triggered a quasi-global vaccine race that not only compressed vaccine research and development (R&D) timelines, but also paved the way for the administration of a new type of vaccine technology – mRNA vaccines, which work in substantially different ways from the vaccines in use before the pandemic.

While the process of bringing emerging COVID-19 vaccines to market has taken place in an unusually short timeframe, it was largely predicated on the same scientific and regulatory processes that govern the development, approval and deployment of new …

Proceedings Of The 2020 Lee E. Teitelbaum Utah Law Review Symposium, Utah Law Review

Utah Law Review

In the autumn of 2020, the Utah Law Review, in cooperation with the S.J. Quinney College of Law Center for Law and Biomedical Sciences, convened a twoday virtual symposium exploring “The Law and Ethics of Medical Research.” On November 13th, leading scholars from across the country joined us for a panel discussion titled “Sharing Medical Research Data: Privacy and Confidentiality.” On November 20th, a second set of distinguished scholars and practitioners gathered virtually for three more panel discussions: “Clinical Trials—Legal and Ethical Issues in the Age of COVID-19,” “Intellectual Property and Medical Research,” and “Medical Research as a Public Health …

Research Information Management In The United States: Part One, Findings And Recommendations, Rebecca Bryant, Jan Fransen, Pablo De Castro, Brenna Helmstutler, David Scherer

Copyright, Fair Use, Scholarly Communication, etc.

Research information management (RIM) is a rapidly growing area of investment in US research universities. RIM systems that support the collection and use of research outputs metadata have been in place for many years. Globally, the RIM ecosystem is quite mature in locales where national research assessment exercises like the United Kingdom’s Research Excellence Framework (REF) and the Excellence in Research for Australia (ERA) require institutions to collect and report on the outputs of institutional research. A pan-European community of practice is led by euroCRIS.

This report describes six discrete RIM use cases detailed in the companion report:

• Faculty …

Research Exceptions In Comparative Copyright Law, Sean Flynn, Michael Palmedo, Andrés Izquierdo

Joint PIJIP/TLS Research Paper Series

Recent scholarship has highlighted the positive impact on scholarship of copyright exceptions for text and data mining and of more “open” exceptions for research uses. Until now, however, there has not been a collection and categorization of the world’s copyright laws according to the degree to which they provide exceptions for research. In this report, we release the results of the first such study. We show that every copyright law in the world has at least one exception to promote research uses of copyrighted works, but that such exceptions vary widely between countries. We conclude that the world’s exceptions for …

Coronavirus, Compulsory Licensing, And Collaboration: Analyzing The 2020 Global Vaccine Response With 20/20 Hindsight, Arjun Padmanabhan

Student Scholarship

In December 2019, COVID-19, a novel strain of the SARS-2 Virus, appeared in Wuhan, China. Within a year, over ninety million people had been infected, and two million had died. Amid all the death and desolation, humanity's ingenuity and willpower emerged in history's greatest vaccine race. The global community sought to find novel ways to protect innovation and intellectual property while still collaborating to roll out a vaccine in record time. Despite the presence of compulsory licensing provisions like 28 U.S.C. § 1498 and the Bayh-Dole Act in the U.S., and the TRIPS Agreement at the international level, the journey …

Shape Mark (Trade Dress) Distinctiveness: A Comparative Inquiry Into U.S. And E.U. Trademark Law, Qadir Qeidary

William & Mary Business Law Review

Nowadays, the increasing application of visual elements, as non-traditional trademarks, to convey commercial information has brought about some new challenges to pioneer legal systems. In this regard, the question of shape marks’ (trade dress) distinctiveness has also caused some hot debates in U.S. and EU trademark law. Indeed, the most challenging legal question before those legal jurisdictions is about the method of transplanting the concept of trademark distinctiveness into the mechanism through which shape marks, as visual mediums, perform a trademark communicative function. Technically, the indefinite nature of shape marks or trade dress marks and lack of a definitive or …

The Open Covid Pledge: Design, Implementation And Preliminary Assessment Of An Intellectual Property Commons, Jorge L. Contreras

Utah Law Review

Early during the COVID-19 pandemic, a number of widely-publicized incidents gave rise to concerns that holders of patents and other intellectual property (IP) rights could hinder the development, manufacture and distribution of essential medical devices, protective equipment and biomedical products. The global response to these concerns was swift and included the issuance of compulsory licensing orders by several national governments, as well as the proposal of a technology pool by the World Health Organization (WHO). Alongside these efforts, a group of scientific, engineering and legal experts created a lightweight, open framework under which IP holders could voluntarily pledge not to …

Reforming The Visual Artists Rights Act To Protect #Streetart In The Digital Age, Ellen Matthews

William & Mary Law Review

Consider the following: Building Owner commissions Artist to paint a mural on the wall of his building. A decade later, Business buys that building from Building Owner and, unaware of details relative to Artist’s wall mural, develops plans to renovate the building for a new use. Upon hearing of Business’s attempt to alter its newly acquired property, Artist seeks an injunction to prevent Business from restoring its building in a way that would change or destroy her mural. Would a court prevent Business from altering its building due to Artist’s moral rights to her work? If the court follows the …

Breaking The Status Quo Of International Design Law: How The United States' Design Law Frustrates The Purpose Of The Hague Agreement, Nicholas P. Mack

Vanderbilt Journal of Transnational Law

This Note explores how the United States' substantive law frustrates the purpose of an international procedural agreement. The Hague Agreement Concerning the International Registration of Industrial Designs revolutionized the process of applying for industrial design protections on a global scale. The Hague Agreement's purpose is to support easily and efficiently acquired industrial design protections in contracting parties to the agreement by simplifying procedures for obtaining protection. The United States-a country without a coherent and dedicated industrial design law-joined this agreement with effect in 2015, allowing designers around the world to easily apply for industrial design protections in the United States. …

Waive Ip Rights & Save Lives, Srividhya Ragavan

Faculty Scholarship

In October of 2020, when India and South Africa proposed a waiver from certain provisions of the TRIPS agreement, it was meant to increase local manufacturing capacity in these countries. The waiver was proposed as a tool to kick-start prevention, containment and treatment of COVID-19. While there is an imminent need to meet a growing supply-demand gap for all medical products, COVID-19 related products are urgently required in poorer nations to contain the pandemic. The waiver has an additional role to play in the larger trade schema. In enabling vaccination of populations across the globe, the waiver would be critical …

Covid-19 And Its Impact(S) On Innovation, Clark Asay, Stephanie Plamondon Bair

Utah Law Review

In previous work, we explored how certain characteristics of adversity are often more conducive to innovation than others. In this Article, prepared as part of the Lee E. Teitelbaum Utah Law Review Symposium—The Law & Ethics of Medical Research, we review some of that work and apply it specifically to the COVID-19 context. We conclude by assessing certain policy implications in light of how the COVID-19 pandemic has both spurred and hindered innovation.

Preparing For Sharing Your Research: Publishing And Copyright, Paul Royster, Sue Ann Gardner

University of Nebraska-Lincoln Libraries: Presentations

Publishing

• Selecting a journal or publisher

• Avoiding predatory journals

• How to write for publication

• How to endure peer review

• Publishers’ contracts

• Open access

• Preprints

• Your thesis/dissertation online

Copyright

• Basic copyright: Know your rights

• Rights transfer: Permissions, Licensing

• Use of your work: Fair use, Educational use

Join Scholarly Communications Librarian, Sue Gardner, and 40-year publishing veteran and Coordinator of Scholarly Communications, Paul Royster, to learn the ins and outs of publishing. Topics include where to publish or distribute your work, how to navigate publishing agreements, and how to maintain your …

Copyright, Creativity, And Contemporary Art, Christopher Buccafusco

2021 Event Invitations

We invite parents for an interactive and thought-provoking class where you will learn about a recent case involving the Andy Warhol Foundation. Witness how Cardozo students are learning in and beyond the classroom and meet other parents from around the country.

Treating Diagnostics: Protecting In Vitro Diagnostic Testing In An Uncertain § 101 Landscape, Emily Iroz Rich

Akron Law Review

Beyond question, medical diagnostic tests, they save lives. The diagnostic tests also contribute to the overall health of the U.S. economy. However, the current state of subject-matter eligibility for patent protection does not incentivize the research and development of these life-saving tools. Previous legislative and judicial efforts to fix subject-matter eligibility have failed. This article proposes a diagnostic patent act to allow the protection of in vitro diagnostic tests. The proposed diagnostic patent act would include safeguards to allow adequate access to fundamental research while incentivizing the return of investment to the patent holder. Safeguards would include exceptions to patent …

A Typology Of Disclosure, Sharon K. Sandeen

Akron Law Review

Information and data have always been valuable to businesses, but in the Information Age, as businesses have figured out more ways to commoditize the information and data they possess, there has been a corresponding increase in expressed concerns about the unauthorized “disclosure” of information. Often, these concerns are expressed in absolute terms, as if any unauthorized disclosure of information constitutes an act of unfair competition or theft. The problem is that the common understanding of disclosure, particularly among information owners that seek to restrict access to the information they possess, belies the legal meaning of the term as used in …

Striking The Right Balance: Following The Doj's Lead For Innovation In Standardized Technology, Kristen Osenga

Akron Law Review

Today’s technology standards are the result of an extraordinary amount of innovation, collaboration and competition. These concepts are interrelated, and each is enhanced or enabled by intellectual property. Where these three concepts come together in standards development, it is unsurprising that antitrust concerns are also present. Specifically, the interests of contributors, participants, and implementers must be fairly balanced to ensure that the appropriate types and levels of innovation, collaboration, and competition can occur—and that the public will benefit. It is important that antitrust enforcement involving standards development organizations and owners of standards essential patents recognize the careful balance of these …

After The Trolls: Patent Litigation As Ex Post Market-Making, Robert Merges

Akron Law Review

Patent policy has been dominated lately by efforts to reduce rent-seeking patent troll litigation. As recent reforms begin to take effect, it is timely to consider the more constructive aspects of patent litigation. This Article contends that the lag between product development and patent litigation, which pushes the problem of patent valuation into the ex post (after product development) period, serves just such a positive function. Re-search, development, and product roll-out can all take place first. Then, at a later stage, patent litigation sorts out the relative merits and contributions of the various inventors and competitors who contributed to the …