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Articles 241 - 248 of 248

Full-Text Articles in Intellectual Property Law

Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug Jan 1999

Still Adjusting To Markman: A Prescription For The Timing Of Claim Construction Hearings, William Lee, Anita Krug

All Faculty Scholarship

In Markman v. Westview Instruments, Inc., the Supreme Court held that the interpretation of patent claims is a question of law to be determined by the court rather than a question of fact to be decided by the jury. The Court based its holding on the belief that judges are better suited than juries to address claim interpretation issues and that claim interpretation by the court would result in greater uniformity in the treatment of patents. The Markman decision, however, has confronted the district courts with a host of thorny questions, such as what evidence they may consider in their …

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Aesthetic Ambition Versus Commercial Appeal: Adapting Novels To Film And The Copyright Law, Douglas Y'Barbo Jan 1998

Aesthetic Ambition Versus Commercial Appeal: Adapting Novels To Film And The Copyright Law, Douglas Y'Barbo

St. Thomas Law Review

No abstract provided.

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Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke Jan 1998

Fencing Cyberspace: Drawing Borders In A Virtual World, Maureen A. O'Rourke

Faculty Scholarship

In the last few years, the Internet has increasingly become a source of information even for the historically computer illiterate. The growing popularity of the Internet has been driven in large part by the World Wide Web (web). The web is a system that facilitates use of the Internet by helping users sort through the great mass of information available on it. The web uses software that allows one document to link to and access another, and so on, despite the fact that the documents may reside on different machines in physically remote locations. The dispersion of data that is …

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Biotechnology And The Patenting Of Living Organisms, Matthew Mcgovern Jan 1997

Biotechnology And The Patenting Of Living Organisms, Matthew Mcgovern

Animal Law Review

Mr. McGovern discusses the reasoning behind the leap from patentability of non-living things to the living thing~ within the last twenty years. He concludes that neither the Supreme Court or Court of Customs and Patent Appeals has offered a convincing rationale for the inclusion of living things within 35 U.S.C. Section 101.

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The Myth Of Market Power: Why Market Power Should Not Be Presumed When Applying Antitrust Principles To The Analysis Of Tying Agreements Involving Intellectual Property, Russell Lombardy Jan 1996

The Myth Of Market Power: Why Market Power Should Not Be Presumed When Applying Antitrust Principles To The Analysis Of Tying Agreements Involving Intellectual Property, Russell Lombardy

St. Thomas Law Review

This Comment will illustrate one of the many tensions occurring at the fault line of intersection between intellectual property law and antitrust law. This tension derives from the presumption of market power as it has been applied by the courts to the ownership of property protected by intellectual property law. The area where the effects of this presumption are the most apparent is in antitrust litigation involving "tied" products. A policy that recognizes the differences between intellectual property and other forms of property as they pertain to antitrust law and competitiveness is needed. This Comment asserts that this policy should …

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Multimedia Computing: Copyright Law's "Last Stand", Steven Pepe Jan 1995

Multimedia Computing: Copyright Law's "Last Stand", Steven Pepe

Touro Law Review

No abstract provided.

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What's Art Got To Do With It?, Wendy J. Gordon Nov 1993

What's Art Got To Do With It?, Wendy J. Gordon

Scholarship Chronologically

I would like to thank the Cardozo LR for their invitation to speak, and all those who have taken the time to discuss this issue w[ith] me in the recent past, including my commentator Marci Hamilton. I also thank the audience for its attendance and attention, and I look forward to the criticisms/reactions from all of you and from Prof Hamilton.

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De La Propiedad Intelectual Ante La Filosofía Del Derecho Y La Legislación, D. Antonio Govin Dec 1879

De La Propiedad Intelectual Ante La Filosofía Del Derecho Y La Legislación, D. Antonio Govin

Mario Diaz Cruz Pamphlets

Memoria leida en la sesión pública en el Circulo de Abogados de La Habana en 16 de Julio de 1879.

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