Open Access. Powered by Scholars. Published by Universities.®

Intellectual Property Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Infringement

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 181 - 210 of 298

Full-Text Articles in Intellectual Property Law

The Specter Of Copyism V. Blockheaded Authors: How User-Generated Content Affects Copyright Policy, Tom W. Bell Jan 2008

The Specter Of Copyism V. Blockheaded Authors: How User-Generated Content Affects Copyright Policy, Tom W. Bell

Vanderbilt Journal of Entertainment & Technology Law

Technological advances, because they have radically lowered the costs of creating and distributing expressive works, have shaken the foundations of copyright policy. Once, those who held copyrights in sound recordings, movies, television shows, magazines, and the like could safely assume that the public would do little more than passively consume. Now, though, the masses have seized (peacefully acquired, really) the means of reproducing copyrighted works, making infringement cheap, easy, and, notwithstanding the law's dictates, widespread. Copyright holders thus understandably fear that their customers have begun to treat expressive works like common property, free for all to use. That, the specter …


Indirect Infringement From A Tort Law Perspective, Charles W. Adams Jan 2008

Indirect Infringement From A Tort Law Perspective, Charles W. Adams

University of Richmond Law Review

No abstract provided.


Exclusion Confusion? A Defense Of The Federal Circuit's Specific Exclusion Jurisprudence, Peter Curtis Magic Nov 2007

Exclusion Confusion? A Defense Of The Federal Circuit's Specific Exclusion Jurisprudence, Peter Curtis Magic

Michigan Law Review

Specific exclusion has become a controversial limitation on the doctrine of equivalents, which is itself an essential and controversial area of patent law. The doctrine of equivalents allows a patentee to successfully claim infringement against devices that are outside of the literal reach of the language used by the patentee in her patent to describe what she claims as her invention. The Supreme Court has prescribed some of the outer limits of the doctrine of equivalents and articulated the underlying policy concerns that inform its analysis-noting that courts should balance protection of the patentee's intellectual property with the public's reasonable …


Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez Jun 2007

Discovering Injury? The Confused State Of The Statute Of Limitations For Federal Copyright Infringement. , John Ramirez

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David Jun 2007

Does Grokster Create A Cause Of Action That Could Implicate The Apple Tv?., Jill David

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Should Patent Infringement Require Proof Of Copying?, Mark A. Lemley May 2007

Should Patent Infringement Require Proof Of Copying?, Mark A. Lemley

Michigan Law Review

Patent infringement is a strict liability offense. Patent law gives patent owners not just the right to prevent others from copying their ideas, but the power to control the use of their idea--even by those who independently develop a technology with no knowledge of the patent or the patentee. This is a power that exists nowhere else in intellectual property (IP) or real property law, but it is a one that patentees have had, with rare exceptions, since the inception of the Republic. In an important paper in the Michigan Law Review, Samson Vermont seeks to change this, arguing …


The Safe Harbor Of 35 U.S.C. § 271(E)(1): The End Of Enforceable Biotechnology Patents In Drug Discovery?, Paul T. Nyffeler May 2007

The Safe Harbor Of 35 U.S.C. § 271(E)(1): The End Of Enforceable Biotechnology Patents In Drug Discovery?, Paul T. Nyffeler

University of Richmond Law Review

No abstract provided.


Freedom-To-Operate In The Crop Sciences: Procedure, Stanley P. Kowalski Apr 2007

Freedom-To-Operate In The Crop Sciences: Procedure, Stanley P. Kowalski

Law Faculty Scholarship

Freedom to operate (FTO) is the ability to proceed with research, development and commercialization of a crop science product, while fully accounting for any potential risks of infringing activity, that is, whether a product can be made, used, sold, offered for sale, or exported, with a minimal risk of infringing the unlicensed intellectual property rights (IPRs) or tangible property rights (TPRs) of another. An FTO analysis begins with the ‘FTO team’ systematically dissecting the crop science product into the components, combination of components, processes and germplasm that went into its research and development. This is followed by generating a series …


Bringing Sexy Back: Unauthorized Film Editing, Copyright, And How Removing Reproductive Acts Violates Reproduction Rights, Logan Clare Mar 2007

Bringing Sexy Back: Unauthorized Film Editing, Copyright, And How Removing Reproductive Acts Violates Reproduction Rights, Logan Clare

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


One Step Outside The Country, One Step Back From Patent Infringement, Katherine E. White Jan 2007

One Step Outside The Country, One Step Back From Patent Infringement, Katherine E. White

Law Faculty Research Publications

No abstract provided.


International Copyright Law And Litigation: A Mechanism For Improvement, Roberto Garza Barbosa Jan 2007

International Copyright Law And Litigation: A Mechanism For Improvement, Roberto Garza Barbosa

Marquette Intellectual Property Law Review

This article outlines the challenges of international copyright litigation and considers rights and remedies available under TRIPs and the laws of various national copyright statutes. To keep pace with new technology, the author proposes a mechanism for the enforcement of existing rights around the world, while counter the prevailing problems of the ease of infringement and expense of enforcement.


Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour Jan 2007

Illinois Tool Works: Allocating The Burden Of Proving Market Power In Patent Tying Cases, Dennis J. Abdelnour

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Unauthorized Annexing Of An Artist's World: An Argument For Creator-Assignee Standing To Sue For Copyright Infringement, Karen A. Skretkowicz Jan 2007

Unauthorized Annexing Of An Artist's World: An Argument For Creator-Assignee Standing To Sue For Copyright Infringement, Karen A. Skretkowicz

Seattle University Law Review

This Comment surveys the contemporary status of copyright law regarding a creator-assignee's standing to sue for infringement and the bases for allowing a creator-assignee to bring an infringement action. Part II begins the discussion with a review of the general principles of copyright law, including its constitutional and statutory frameworks, its underlying policies, and the moral rights doctrine. Part III continues with an overview of the general constitutional standing principles and real party in interest prerequisites. It then outlines the statutory and judicial limits on standing to sue under copyright law. Part IV discusses the issue of assignee standing in …


The Duty To Disclose Patent Rights, Richard M. Lebovitz Jan 2007

The Duty To Disclose Patent Rights, Richard M. Lebovitz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia Sanchez Abril Jan 2007

A (My)Space Of One's Own: On Privacy And Online Social Networks, Patricia Sanchez Abril

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Permanent Establishment In The Digital Age: Improving And Stimulating Debate Through An Access To Markets Proxy Approach, Benjamin Hoffart Jan 2007

Permanent Establishment In The Digital Age: Improving And Stimulating Debate Through An Access To Markets Proxy Approach, Benjamin Hoffart

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Social Networking Web Sites And The Dmca: A Safe-Harbor From Copyright Infringement Liability Or The Perfect Storm?, Jonathan J. Darrow, Gerald R. Ferrera Jan 2007

Social Networking Web Sites And The Dmca: A Safe-Harbor From Copyright Infringement Liability Or The Perfect Storm?, Jonathan J. Darrow, Gerald R. Ferrera

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Well Duh: Obviousness, Gas Pedals, And The Teaching-Suggestion-Motivation Test, Randall J. Hirsch , M.D. Jan 2007

Well Duh: Obviousness, Gas Pedals, And The Teaching-Suggestion-Motivation Test, Randall J. Hirsch , M.D.

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck Jan 2007

Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz Jan 2007

Keep Your Eye On Your Ball: Patent Holders' Evolving Duty To Patrol The Marketplace For Infringement, Aaron B. Rabinowitz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa Jan 2007

Is Apple Playing Fair? Navigating The Ipod Fairplay Drm Controversy, Nicola F. Sharpe, Olufunmilayo B. Arewa

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


National Cable & Telecommunications Association V. Brand X Internet Services: Resolving Irregularities In Regulation?, Amy L. Signaigo Jan 2007

National Cable & Telecommunications Association V. Brand X Internet Services: Resolving Irregularities In Regulation?, Amy L. Signaigo

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford Jan 2007

Extra-Judicial Decision Making For Drug Safety And Risk Management: Evidence From The Fda, Hazel Mcmullin, Andrew B. Whitford

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Choosing Between The Advice Of Counsel Defense To Willful Patent Infringement Or The Effective Assistance Of Trial Counsel: A Bridge Or The Troubled Waters, Christopher A. Harkins Jan 2007

Choosing Between The Advice Of Counsel Defense To Willful Patent Infringement Or The Effective Assistance Of Trial Counsel: A Bridge Or The Troubled Waters, Christopher A. Harkins

Northwestern Journal of Technology and Intellectual Property

Trouble is brewing for patent infringement defendants who use lawyers from one law firm to act as trial counsel and other lawyers from the same or different firm (albeit perfectly screened off from the trial team) to prepare a non-infringement opinion as an advice of counsel defense to allegations of willful infringement. The 2006 Federal Circuit decision in EchoStar has set off a veritable feeding frenzy of attacks by patentees' counsel on the most sacred of attorney client communications and work product: that of trial counsel. In a case of first impression, one federal court has even granted a motion …


Times May Have Changed, But The Song Is Still The Same: Why The Supreme Court Was Incorrect To Stray From Sony's Reasoning In Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., Julie A. Wooten Jan 2007

Times May Have Changed, But The Song Is Still The Same: Why The Supreme Court Was Incorrect To Stray From Sony's Reasoning In Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., Julie A. Wooten

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


The Emerging Bric Economies: Lessons From Intellectual Property Negotiation And Enforcement, Robert C. Bird, Daniel R. Cahoy Jan 2007

The Emerging Bric Economies: Lessons From Intellectual Property Negotiation And Enforcement, Robert C. Bird, Daniel R. Cahoy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Global Intellectual Property Rights And Economic Growth, Linda Y. Yueh Jan 2007

Global Intellectual Property Rights And Economic Growth, Linda Y. Yueh

Northwestern Journal of Technology and Intellectual Property

This article argues that the global intellectual property rights regime will affect the economic growth prospects of developing countries. The trade-related aspects of intellectual property rights (TRIPS) provisions under the WTO articles will eventually cover all of its member countries, currently at around 150 and representing 95% of world trade. It is a significant change in the global legal system with implications for economic growth. One of the key mechanisms generating convergence in global economic growth rates is the transfer of technology from developed to developing countries. According to the neoclassical models of growth, technology is embodied within the capital …


From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho Jan 2007

From Infringement To Innovation: Counterfeiting And Enforcement In The Brics, J. Benjamin Bai, Keith D. Lindenbaum, Yi Qian, Cynthia Ho

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


What Multinational Companies Need To Know About Patent Enforcement And Patent Litigation In China, J. Benjamin Bai, Peter J. Wang, Helen Cheng Jan 2007

What Multinational Companies Need To Know About Patent Enforcement And Patent Litigation In China, J. Benjamin Bai, Peter J. Wang, Helen Cheng

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Caveat Venditor: Technologically Protected Subsidized Goods And The Customers Who Hack Them, Christopher Soghoian Jan 2007

Caveat Venditor: Technologically Protected Subsidized Goods And The Customers Who Hack Them, Christopher Soghoian

Northwestern Journal of Technology and Intellectual Property

No abstract provided.