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Articles 151 - 180 of 370
Full-Text Articles in Intellectual Property Law
Negativing Invention, Jacob S. Sherkow
Negativing Invention, Jacob S. Sherkow
Articles & Chapters
Since 1952, the patent statute has forbidden courts from discriminating against, or “negativing,” inventions according to how they were made, be it “long toil and experimentation” or a “flash of genius.” Now, in addressing whether an invention is “obvious,” courts must only examine whether the invention was obvious according to the arts pertinent to that invention — the “analogous” rather than “nonanalogous” arts. This article shows that this dichotomy has actually promoted method-of-invention discrimination in patent law because the subjectivity of the analogous art inquiry has increasingly “analogized” wide fields of prior art as technology has progressed. This, in turn, …
The Google-Nsa Alliance: Developing Cybersecurity Policy At Internet Speed, Stephanie A. Devos
The Google-Nsa Alliance: Developing Cybersecurity Policy At Internet Speed, Stephanie A. Devos
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke
Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
From Knowledge To Ideas: The Two Faces Of Innovation, James Bessen
From Knowledge To Ideas: The Two Faces Of Innovation, James Bessen
Faculty Scholarship
Innovative ideas have unique properties arising from low communication costs. But ideas come from knowledge that is costly to communicate. “Formalizing” knowledge — codifying, developing standards, etc. — reduces these costs. In a simple model, formalization is associated with changes in the nature of competition between two equilibrium regimes. In one, knowledge is formalized, new technology replaces old and patents increase innovation incentives. In the other, knowledge is not formalized, old technology coexists with new, patents decrease innovation incentives and firms sometimes freely exchange knowledge. The equilibrium changes as technology improves over a life-cycle, affecting firm strategy, innovation policy, geographic …
The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer
The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer
Marquette Intellectual Property Law Review
Intellectual property policy requires balance between the goal of motivating innovation and the need to prevent that motivation from stifling further innovation. The constitutional grant of congressional power to motivate innovation by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries is qualified by the requirement that congressional enactments under the Intellectual Property Clause promote progress. The Supreme Court has already recognized a time-shifting exception to the intellectual property rights of innovators and lower courts have recognized a place-shifting exception. It is now the time and place for a general technology-shifting exception …
Technological Fair Use, Edward Lee
Technological Fair Use, Edward Lee
All Faculty Scholarship
The Article proposes a framework tailoring fair use specifically for technology cases. At the inception of the twenty-first century, information technologies have become increasingly central to the U.S. economy. Not surprisingly, complex copyright cases involving speech technologies, such as DVRs, mp3 devices, Google Book Search, and YouTube, have increased as well. Yet existing copyright law, developed long before digital technologies, is ill-prepared to handle the complexities these technology cases pose. The key question often turns, not on prima facie infringement, but on the defense of fair use, which courts have too often relegated to extremely fact-specific decisions. The downside to …
Patenting By Entrepreneurs: An Empirical Study, Ted Sichelman, Stuart J.H. Graham
Patenting By Entrepreneurs: An Empirical Study, Ted Sichelman, Stuart J.H. Graham
Michigan Telecommunications & Technology Law Review
[T]he Ewing Marion Kauffman Foundation--an organization that studies and promotes entrepreneurship in the United States--funded an effort at the University of California, Berkeley School of Law, to undertake the first comprehensive survey of the relationship between patenting and entrepreneurship in the United States. The authors, along with other investigators, administered the survey in 2008 to approximately 15,000 startup and early-stage companies in the biotechnology, medical device, information technology (IT) hardware, and software and Internet sectors. A portion of the survey examined why entrepreneurs, startups, and early-stage companies do (and do not) seek patents. This Article reports and analyzes results from …
Media-Rich Input Application Liability, David R. Krohn, Pekarek
Media-Rich Input Application Liability, David R. Krohn, Pekarek
Michigan Telecommunications & Technology Law Review
Until recently, media-rich online interactions were mostly unidirectional: multimedia content was delivered by the service provider to the user. Input from the user came almost exclusively in the form of text. Even when searching the Internet for images or audio, a user typically entered text into a search engine. In addition, search engines indexed multimedia content by analyzing not the content itself but the text surrounding it. This is rapidly changing. With the rise of multimedia-capable smartphones and wireless broadband, applications that allow users to search using non-textual inputs are quickly becoming popular. These applications go much further than simply …
Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance
Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance
Michigan Telecommunications & Technology Law Review
A widespread perception among the patent law community is that the patent system would be more effective if judges with technical backgrounds and patent law experience decided patent disputes. Proponents believe that if judges all had similar baseline knowledge of technological analysis, there would be more consistency in decision-making, leading to more predictability for parties. Some district courts have unofficially become semi-specialized in patent law disputes, and Congress is debating whether to institute a more formalized Patent Pilot Program in which district court judges specialize in patent law cases. This Note joins the debate and examines patent law cases at …
Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani
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.
Network Transparency: Seeing The Neutral Network, Adam Candeub
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
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.
The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts
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.
The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James Degiulio
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
Is Patent Hold-Up Anticompetitive?, Vishesh Narayen
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
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.
Acquiring A Flavor For Trademarks: There's No Common Taste In The World, Amanda E. Compton
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.
The Federal Circuit's Inequitable Conduct Standard After, Benjamin Johnson
The Federal Circuit's Inequitable Conduct Standard After, Benjamin Johnson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag
Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr
Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr
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
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.
Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner
Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Legally Correct But Technologically Off The Mark, Daniel B. Garrie, Bill Spernow
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
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
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
Caught In The Clouds: The Web 2.0, Cloud Computing, And Privacy?, Paul Lanois
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Incentives/Access Tradeoff, David W. Barnes
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
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.
O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman
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.