Intellectual Property Law Commons^™

The Software Inducement Paradox, Dylan Niederland

American University Law Review

Induced patent infringement allows a third party to be held liable for another’s direct infringement of a patent. For many years, inducement liability has been a hotly contested doctrine of patent law, specifically its applications in the pharmaceutical industry. Not unsurprisingly, vast literature exists covering the intersection of inducement liability and pharmaceuticals.

This Note takes a new approach, analyzing inducement liability as it relates to the software industry. Specifically, this Note criticizes the Federal Circuit’s holding in GlaxoSmithKline LLC v. Teva Pharmaceuticals USA, Inc. that a simple statement of equivalence is sufficient to induce users to infringe method-of-use patents that …

Decentral Intelligence Agency: The Law And Autonomous Artificial Intelligence, Dr. Andrew W. Torrance , Ph. D., Dr. Bill Tomlinson , Ph.D.

Touro Law Review

Artificial intelligence (“AI”) is rapidly gaining autonomy across a range of domains, such as business, education, social relationships, and warfare. This article examines the legal and policy implications of autonomous AI agents, a rapidly evolving technology that challenges existing regulatory frameworks. Drawing from tort, agency, property, contract, privacy, human rights, and constitutional law, we propose a comprehensive approach to govern these increasingly independent entities. Our analysis begins with a historical perspective, tracing both the evolution of autonomous computational systems and of legal responses to such technologies. We then conduct a comparative study of AI governance across jurisdictions, highlighting regulatory gaps …

The Impact Of Artificial Intelligence On Copyright Infringement Liability, Sarah M. Rizzo

Touro Law Review

Although the rise of artificial intelligence platforms has been promoted as a solution to many of our problems, it is important to address the possible issues this new technology may be creating. With artificial intelligence evolving at such a rapid rate, questions arise as to how to effectively regulate and control this technology. Specifically, in the realm of intellectual property, how will copyright protection be ensured and how will liability for copyright infringement be apportioned with the expanding use of artificial intelligence? Users of artificial intelligence platforms should be able to employ such artificial intelligence products freely and confidently without …

Ai-Driven Branding: Trademark Law Implications Of Automated Creativity, David J. Looney

Touro Law Review

The rapid advancement of Artificial Intelligence (“AI”), particularly generative AI systems like OpenAI’s ChatGPT and DALL-E, has introduced novel challenges to trademark law, which have remained largely unchanged since the Lanham Act of 1946. While trademark law has evolved to address such issues as dilution, international registration, and cybersquatting, the emergence of AI-generated con[1]tent capable of producing words, phrases, logos, and symbols raises significant concerns about infringement and dilution of existing trademarks. This Note examines the intersection of AI and trademark law, exploring the historical and current frameworks of both fields, the legal dilemmas posed by AI’s ability to generate …

Genetic Property Rhetoric And The Public Domain, Dave Fagundes

Texas A&M Journal of Property Law

Among the many themes that illuminate Jorge Contreras’s The Genome Defense, this Essay focuses on property. It considers the rhetorical role played by property in convincing both courts and the public that patenting genetic data was legally and ethically objectionable. This Essay begins by locating property—and public property—as a major theme in the dialogue surrounding the Myriad litigation. It then situates this rhetorical move in the context of property-talk generally, highlighting the distinctiveness of leveraging public rather than private ownership as a means of accessing moral intuitions. Finally, this Essay reflects on what the use of public property rhetoric …

The Implementation And Use Of Intimacy Coordinators In Motion Picture Productions, John J. Chung, Pia Piscitelli

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Boden Lecture: Taxation Of Autonomous Artificial Intelligence, Reuven Avi-Yonah, Lucas Brasil Salama, Herbert Snitz, W. Robert Thomas

Marquette Law Review

This Article proposes that tax can be a useful supplement to other measures to regulate Autonomous Artificial Intelligence (AAI) and limit its potential harmful effects. This proposal differs from command-and-control regulation of AAI along the lines of European Union legislation that may unduly limit the development of AAI. It also differs from existing proposals to tax AAI to generate revenue to help workers displaced by AAI programs, or to tax the data used by AAI. The proposal is based on granting AAI programs like ChatGPT separate legal personhood, like corporate personhood, while incentivizing or requiring their corporate owner to place …

On Snow's Intellectual Property And Immorality, David O. Taylor

Faculty Journal Articles and Book Chapters

In this Essay, I consider the “why” and “how” of Professor Snow’s controversial, countercultural, important, and relevant position that immorality may result in the denial of intellectual property protection. First, I highlight how surprising it is that Professor Snow’s argument springs from the theories underlying intellectual property protection, rather than the theories underlying the morality and ethics he believes ought to be considered in determining intellectual property protection. No one (that I know, at least) goes to the Environmental Protection Agency seeking better regulations to protect the environment and uses the labor desert theory of property rights as an argument. …

True Law As Genre: Narrative Nonfiction And The Law, Jorge L. Contreras

Texas A&M Journal of Property Law

The Genome Defense, which offers a book-length narrative nonfiction account of the civil litigation that led to the elimination of patents on human genes in the United States, is a member of a distinct literary subgenre that I term True Law. Like the older and better-known True Crime genre, True Law narratives blend the conventions of journalism and novelistic writing to describe complex legal disputes in a manner that is engaging and accessible to the general public. True Law accounts, which have increased in number and popularity since the publication of Jonathan Harr’s A Civil Action in 1995, serve …

On Snow’S Intellectual Property And Immorality, David O. Taylor

Texas A&M Journal of Property Law

In this Essay, I consider the “why” and “how” of Professor Snow’s controversial, countercultural, important, and relevant position that immorality may result in the denial of intellectual property protection. First, I highlight how surprising it is that Professor Snow’s argument springs from the theories underlying intellectual property protection, rather than the theories underlying the morality and ethics he believes ought to be considered in determining intellectual property protection. No one (that I know, at least) goes to the Environmental Protection Agency seeking better regulations to protect the environment and uses the labor desert theory of property rights as an argument. …

Nil Collectives And The Disadvantage Dilemma: Disparities And Challenges In Collegiate Athletics, Arianna Garcia

FIU Law Review

For a long time, the National Collegiate Athletic Association (NCAA)’s principle of amateurism, the concept that student-athletes should not profit from their name, image, and likeness (NIL) while competing in collegiate athletics, was strongly upheld. However, it quickly became a challenge for the NCAA to defend its principle of amateurism after thousands of advocates, including universities and student-athletes themselves, began to criticize the NCAA. Finally, after decades of fighting for more equitable rights for student-athletes, the NCAA made a change to its NIL Policy as a result of two major landmark cases. The NCAA, however, now faces another challenge amidst …

An Impossible Task: Enforcing Disclosure Requirements In A Multi-Billion Dollar Industry, Keelin Ferris

Catholic University Journal of Law and Technology

Users of the first global social network, MySpace, could have never imagined that a mere twenty years later, teenagers could be millionaires making thirty-second videos out of their parents’ basement. Social media platforms have blossomed and advanced to an unpredictable level in a short amount of time. The growth of TikTok, surpassing one billion users, has been one of the most substantial contributors to the change in landscape.[1] In 2025, “social media influencers” come in all shapes and sizes.[2] Social media users can scroll through Instagram reels and stumble upon their fellow PTA member, co-worker, or grandmother promoting …

The Timing Of Claim Construction: An Analysis Of Claim Construction Procedure And A Proposed Rule To Ensure Cost Effective And Timely Relief In Patent Infringement Cases, Timothy A. Richard

Catholic University Journal of Law and Technology

The federal government issues patents to encourage inventors to produce new and useful works and advance the state of the art.[1] The patent process is simple: in exchange for the right to exclude all others from making and using an invention for an established period, the inventor provides the government — and ultimately the public — with a full disclosure of how to make and use the invention.[2] Despite this full disclosure, the terms used in patent claims are subject to judicial interpretation during litigation.[3] Both the Supreme Court of the United States (“Supreme Court”) and the …

Table Of Contents

Catholic University Journal of Law and Technology

No abstract provided.

Masthead

Catholic University Journal of Law and Technology

No abstract provided.

Smart Contracts Are Neither Smart Nor A Contract: The Case Against Smart Contract Utilization In Everyday Consumer Or Commercial Transactions, Jim Moye

Catholic University Journal of Law and Technology

No doubt, most of us have gone into a local electronics store or ordered a new gadget from an online provider. After purchasing the gadget, we are eager to start operating the new purchase. Before fully utilizing the gadget, however, there are a series of screens requiring the user to read, acknowledge, and consent to, various clauses. If this process is not completed, the user is denied full access to the gadget. Thereafter, entry is granted, and the user is free to utilize the electronic device. This is a prime example of utilizing technology to automate a process that would …

The History And Future Of Amateurism In College Sports, Jordan Zaia

Fordham Intellectual Property, Media and Entertainment Law Journal

College sports and amateurism have long been intertwined, with the NCAA championing the term “student-athlete” to reinforce the notion that college athletes should not be paid employees. However, this notion has come under fire because college athletes had to risk losing eligibility to receive compensation while helping schools profit. In response, athletes have challenged the system using antitrust, intellectual property, and labor & employment laws.

The U.S. Supreme Court’s unanimous decision in NCAA v. Alston dealt a decisive blow to the NCAA’s financial restrictions, declaring that there is no “amateurism exception” to antitrust law. This landmark ruling …

Proposed Rule 3b-16: The Sec's Attempt To Change Definition Of "Exchange" Under The Exchange Act Of 1934 Provides Lessons For A New Era Of Crypto Regulation, Gwyneth Tefft

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Metes And Bounds Of Federal Trade Secret Protections: Deriving Cohesive Damages Principles Under The Defend Trade Secrets Act, Angela Peterson

Fordham Intellectual Property, Media and Entertainment Law Journal

The Defend Trade Secrets Act launched trade secret law, which formerly only reached federal courts in diversity cases or cases involving espionage, into the national spotlight. As these cases begin to progress to trial, courts face new questions about how to appropriately measure monetary damages for trade secret claims. Because many courts take a “flexible and imaginative” approach to trade secret damages generally and most state trade secret statutes do not require damages as a part of a successful trade secret liability case, most courts that have considered damages methodology challenges to DTSA claims have failed to employ …

Diversities Requiem: Fashion’S Very Own Brand Of Exceptionalism And Rethinking Mcdonnell Douglas, Symrin Greenhow

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Expertise, Ideology, And Dissent, Paul R. Gugliuzza, Jonathan R. Nash, Jason Rantanen

American University Law Review

No abstract provided.

How Socially Comparing Emerging Research Institutions To Established Research Institutions Informs Proposed Amendments To The Bayh Dole Act, Clovia Hamilton

Marquette Intellectual Property & Innovation Law Review

Emerging research institutions have a problem with their lack of tech transfer, including start-up business formations. This study investigates that issue using social comparison theory as the framework for a novel experimental design. A group of 245 respondents, comprised of STEM faculty members and STEM administrators at emerging research institutions, completed a stated- choice survey based on the social comparison theory. The respondents were assessed on the level and extent that they compare their emerging research institution to well established research institutions with respect to research, technology commercialization, and academic entrepreneurship. Historically Black Colleges and Universities (HBCUs) in America were …

The Ftc’S Ban On Noncompete Agreements: Setting Sail On A Sea Of Doubt, Jeffery M. Cross

UIC Review of Intellectual Property Law

No abstract provided.

A Proposal On Deciding Trademark Infringement Claims To Limit Confusion For Consumers, Abigail Holtzman

UIC Review of Intellectual Property Law

No abstract provided.

The Bastard Of The Arts And Copyright Law: The Intersection Of Dance And Copyright Law In Hanagami V. Epic Games, Inc., Alyssa Sitkowski

UIC Review of Intellectual Property Law

No abstract provided.

Catch-22: The Elusiveness Of Commuted Per-Unit Royalty Conversions And Their Sufficiency In Hypothetical Negotiation Calculations Under Protective Order, Kenneth L. Woodard Jr.

UIC Review of Intellectual Property Law

No abstract provided.

Table Of Contents & Introductory Material

UIC Review of Intellectual Property Law

No abstract provided.

Game On: The Continuing Challenges For Enforcement Of Tattoo Copyrights, Yolanda M. King

UIC Review of Intellectual Property Law

No abstract provided.

Timing The Tunes: Nealy V. Warner Chappell Music, Inc. And The Dance Of Accrual, Statutes, And Damages, Joanna Goro

UIC Review of Intellectual Property Law

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents