Intellectual Property Law Commons^™

Ensuring Innovation As The Internet Matures: Competing Interpretations Of The Intellectual Property Exception To The Communications Decency Act Immunity, Joshua Dubnow

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

An Uncertain Future: The Impact Of Medical Process And Diagnostic Method Patents On Healthcare In The United States, Margaret Kubick

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Evaluation Of The Design Piracy Prohibition Act: Is The Cure Worse Than The Disease? An Analogy With Counterfeiting And A Comparison With The Protection Available In The European Community., Silvia Beltrametti

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

To Be Fixed Or Not To Be: The Seemingly Never-Ending Question Of Copyrighted Material, Karl O. Riley

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James Degiulio

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Is Patent Hold-Up Anticompetitive?, Vishesh Narayen

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Acquiring A Flavor For Trademarks: There's No Common Taste In The World, Amanda E. Compton

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Federal Circuit's Inequitable Conduct Standard After, Benjamin Johnson

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The Incentives/Access Tradeoff, David W. Barnes

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Post-Judgment Remedies In Reaching Patents, Copyrights And Trademarks In The Enforcement Of A Money Judgment, David J. Cook

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Anti-Assignment Provisions, Copyright Licenses, And Intra-Group Mergers: The Effect Of Cincom V. Novelis, H. Justin Pace

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

An Empirical Study Of The Role Of The Written Description Requirement In Patent Prosecution, Dennis D. Crouch

Faculty Publications

An en banc Federal Circuit is now considering whether Section 112 of the Patent Act as properly interpreted includes a written description requirement that is separate and distinct from the enablement requirement. Although the USPTO has no direct role in the infringement dispute, the government submitted an amicus curie brief arguing that a separate written description requirement is “necessary to permit the USPTO to perform its basic examination function.” However, when pressed during oral arguments the government could not point to any direct evidence supporting its contention.

This essay presents the results of a retrospective empirical study of the role …

Network Transparency: Seeing The Neutral Network, Adam Candeub

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Legally Correct But Technologically Off The Mark, Daniel B. Garrie, Bill Spernow

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Successfully Defending Against False Marking Claims, Steve Williams, Jane Du

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Peer To Patent: A Cure For Our Ailing Patent Examination System, Daniel R. Bestor, Eric Hamp

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Caught In The Clouds: The Web 2.0, Cloud Computing, And Privacy?, Paul Lanois

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Patent Valuation: Aren’T We Forgetting Something? Making The Case For Claims Analysis In Patent Valuation By Proposing A Patent Valuation Method And A Patent-Specific Discount Rate Using The Capm, Malcolm T. Meeks, Charles A. Eldering

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Thailand Thumbs Nose At Ustr, Makes Affordable Aids Treatment Top Priority, Greg Lultschik

Intellectual Property Brief

No abstract provided.

The Overly Active Corpse Of Red Lion, Thomas W. Hazlett, Sarah Oh, Drew Clark

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Determining Uniformity Within The Federal Circuit By Measuring Dissent And En Banc Review, Christopher A. Cotropia

Law Faculty Publications

This Article adds to the empirical literature examining how the Federal Circuit treats patent-law issues internally by comparing the decision making of the Federal Circuit with that of other courts of appeals. It does so by measuring two statistics from overall written opinions: the percentage of dissents and the percentage of en bane reviews. The data is taken from the Third, Fifth, Ninth, Tenth, District of Columbia, and Federal Circuits between 1998 and 2009. The data in the study show that the Federal Circuit has the second-highest percentage of dissents among the circuits studied (behind only the Ninth Circuit) and …

Comparative Tales Of Origins And Access: Intellectual Property And The Rhetoric Of Social Change, Jessica Silbey

Faculty Scholarship

This Article argues that the open-source and anti-expansionist rhetoric of current intellectual-property debates is a revolution of surface rhetoric but not of deep structure. What this Article terms “the Access Movements” are, by now, well-known communities devoted to providing more access to intellectual-property-protected goods, communities such as the Open Source Initiative and Access to Knowledge. This Article engages Movement actors in their critique of the balance struck by recent law (statutes and cases) and asks whether new laws that further restrict access to intellectual property “promote the progress of science and the useful arts.” Relying on cases, statutes and recent …

Panel I: The Patent Landscape With Bilski On The Map, Jeanne C. Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy

Faculty Scholarship

Welcome to the 2009 Fordham Intellectual Property, Media and Entertainment Law Journal’s Symposium titled, “Functionality: At the Crossroads of IP.” My name is Regina Schaffer-Goldman, and I am the Editor-in- Chief of the 20th Volume of the Journal, which is more affectionately known as the IPLJ.

We are so pleased to see the culmination of many months of preparation today. It is the IPLJ’s 20th Anniversary Edition, and we wanted to commemorate this occasion with a fantastic Symposium. As you will see, we have assembled a truly all-star group of legal scholars and practitioners today.