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Articles 211 - 240 of 370
Full-Text Articles in Intellectual Property Law
The Well-Pleaded Complaint Rule And Jurisdiction Over Patent Law Counterclaims: An Empirical Assessment Of Holmes Group And Proposals For Improvement, Jiwen Chen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike
Egyptian Goddess V. Swisa: What Is The 'Point'?, A.C. Dike
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard
A Discussion On The Patentability Of Signals: Examining In Re Nuijten, Damien Howard
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Technology And Intellectual Property: New Rules For An Old Game?, Elizabeth A. Rowe
Technology And Intellectual Property: New Rules For An Old Game?, Elizabeth A. Rowe
UF Law Faculty Publications
This foreword to the first issue of 2009 for the Journal of Technology Law and Policy discusses the questions presented by the merger of technology and intellectual property and considers how best the two areas should co-exist.
Contributory Negligence, Technology, And Trade Secrets, Elizabeth A. Rowe
Contributory Negligence, Technology, And Trade Secrets, Elizabeth A. Rowe
UF Law Faculty Publications
In tort law, the doctrine of contributory negligence captures conduct by the plaintiff that falls below the standard to which he should conform for his own protection. Whether one has been contributorily negligent is determined by an objective standard of reasonableness under the circumstances. This Article, for the first time, applies contributory negligence principles to trade secret law. It draws upon this doctrine to frame and analyze a challenge posed by modem technology. The very technological tools in use today that increase the efficiency with which companies do business also create challenges for trade secret protection. What might have been …
The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek
The Observer And The Observed: Re-Imagining Privacy Dichotomies In Information Privacy Law, Marcy Peek
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Copyright And Copy-Reliant Technology, Matthew Sag
Copyright And Copy-Reliant Technology, Matthew Sag
Faculty Articles
Part I of this Article introduces the phenomenon of copy-reliant technology by focusing on four significant case studies. The first case study, Field v. Google Inc., centers on the permissibility of automated archiving in the context of text-based search engines. The second case study, Perfect 10, Inc. v. Amazon.com, Inc., centers on the creation and display of thumbnail representations of copyrighted photographs by image-based search engines. The conduct challenged in the third case study, the Google Book Project, relates both to the generation of metadata and to the display of fragments of books as part of a menu …
The Componentization Of Information, Kristen Osenga
The Componentization Of Information, Kristen Osenga
Law Faculty Publications
Information is ‘the oxygen of the modern age’. Despite its importance, or perhaps because of it, conventional wisdom has long been of the view that information wants to, or even needs to, be free. This idea has been extended to encompass not just raw data, but also information products such as databases and software. These products – products whose primary value lies in organizing, providing context, and distributing information content – have often been the subject of debate over whether and to what extent these works should be protected. The tension between information being free and information products being protected …
Sequential Innovation, Patents, And Imitation, James Bessen, Eric Maskin
Sequential Innovation, Patents, And Imitation, James Bessen, Eric Maskin
Faculty Scholarship
How could such industries as software, semiconductors, and computers have been so innovative despite historically weak patent protection? We argue that if innovation is both sequential and complementary--as it certainly has been in those industries--competition can increase firms' future profits thus offsetting short-term dissipation of rents. A simple model also shows that in such a dynamic industry, patent protection may reduce overall innovation and social welfare. The natural experiment that occurred when patent protection was extended to software in the 1980?s provides a test of this model. Standard arguments would predict that R&D intensity and productivity should have increased among …
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
A Discourse On The Public Nature Of Research In Contemporary Life Science: A Law-Policy Proposal To Promote The Public Nature Of Science In An Era Of Academia-Industry Integration, Michael J. Malinowski
Journal Articles
This article addresses the impact of integration of academia, industry, and government on the public nature of research. The article concludes that, while the integration has benefited science immensely, regulatory measures should be taken to restore the public nature of research in an age of integration.
Working Toward Spontaneous Copyright Licensing: A Simple Solution For A Complex Problem, Tanya M. Woods
Working Toward Spontaneous Copyright Licensing: A Simple Solution For A Complex Problem, Tanya M. Woods
Vanderbilt Journal of Entertainment & Technology Law
As the web evolves, so too are discussions on how to manage the rights of copyright owners online. Finding a solution that is balanced and that accounts for the international nature of the Internet is essential. While many have attempted to craft such a solution, a model that accommodates the spontaneity of copyright content users and that recognizes the multi-territorial nature of the Internet has yet to materialize. For this reason, this Article formulates a macro-level conceptual approach to building a practical copyright licensing model that could generate spontaneous digital copyright licenses to accommodate the creative impulses of web users …
Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
Acquiring Innovation, Xuan-Thao Nguyen, Jeffrey A. Maine
American University Law Review
In recent years, the innovation market has witnessed a new business model involving companies that are mere patent holding shells and not operating entities. They have no customers or products to offer, but they do have an aggressive tactic of using patent portfolios to threaten other operating companies with potential infringement litigation. The strategy is executed with the end goal of extracting handsome settlements. Acquisitions of patents for offensive use have become a major concern to operating companies because such acquisitions pose the threats of patent injunction, interrupting the business and crippling further innovation. While many operating companies today know …
Strangers In A Strange Land: Specialized Courts Resolving Patent Disputes, Lawrence M. Sung
Strangers In A Strange Land: Specialized Courts Resolving Patent Disputes, Lawrence M. Sung
Faculty Scholarship
As the number of cases and disputes involving proprietary technology subject to intellectual property rights has increased in recent years, a decades-old view that such matters should be adjudicated exclusively by specialized courts and judges has experienced a renaissance. This call for specialized, or problem-solving, courts at both the federal and state levels is not unique to the intellectual property field, however. Indeed, there has been a significant movement over the past several years to establish specialized drug courts, community courts, mental health courts, and domestic violence courts. One common element among these efforts is the idea that specialized courts …
Meddimmune, Microsoft, And Ksr: The United States Supreme Court In 2007 Tips The Balance In Favor Of Innovation In Patent Cases, And Thrice Reverses The Federal Circuit, Sue Ann Mota
Marquette Intellectual Property Law Review
In 2007 the Supreme Court reversed three patent cases from the Court of Appeals for the Federal Circuit. The three cases were MedImmune, Inc. v. Genentech, Inc. (holding a patent licensee does not have to breach a license agreement before seeking declaratory judgment that the underlying patent is invalid, unenforceable, or not infringed), Microsoft Corp. v. AT&T Corp. (holding Microsoft did not supply a component of an invention from the United States that had the possibility of infringing under the Patent Act), and KSR International Co. v. Teleflex Inc. (holding the requirement of non-obviousness under the Patent Act is analyzed …
The Enablement Pendulum Swings Back, Sean B. Seymore
The Enablement Pendulum Swings Back, Sean B. Seymore
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel
Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.
The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai
Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson
Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford
Meh. The Irrelevance Of Copyright In The Public Mind, Brett Lunceford, Shane Lunceford
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels
Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Open Legislation Development, Jacob Ewerdt
Open Legislation Development, Jacob Ewerdt
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel
Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze
Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks
Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks
Northwestern Journal of Technology and Intellectual Property
Attorneys increasingly are confronting the significant ethical issues raised when a data-security breach occurs. Many traps exist for the unwary in this evolving area of the law, especially in light of concerns regarding e-discovery and a lack of judicial interpretation of applicable statutes. This article provides a legal framework in this area of the law and explores ethical considerations arising when an attorney represents a client who has suffered a data-security breach.
Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia
Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz
Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Raising The Dead: How The Ninth Circuit Avoided The Supreme Court's Guidelines Concerning Aesthetic Functionality And Still Got Away With It In Au-Tomotive Gold, Yevgeniy Markov
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev
Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev
Northwestern Journal of Technology and Intellectual Property
No abstract provided.