Bridging Race + Ip: The Challenges And Potential Of Utilizing Transdisciplinary Methods To Undo The Unbearable Whiteness Of Intellectual Property,
2020
FAMU College of Law
Bridging Race + Ip: The Challenges And Potential Of Utilizing Transdisciplinary Methods To Undo The Unbearable Whiteness Of Intellectual Property, Deidre Keller
Faculty Books and Book Contributions
This chapter is part of Approaches and Methodologies in Intellectual Property Research edited by Irene Calboli and Maria Lilla.
The Complicated Relationship Of Patent Examination And Invalidation,
2020
Chicago-Kent College of Law
The Complicated Relationship Of Patent Examination And Invalidation, Gregory Reilly
All Faculty Scholarship
The conventional view is that the Patent Office examines patent applications before issuance to assure compliance with the statutory criteria of patentability. Ex post invalidation in district court litigation or Patent Office cancellation proceedings then reviews the Patent Office’s work to correct errors that result from the Patent Office’s shortcomings, bias, or “rational ignorance” that limits resources spent on examination because of the irrelevance of most patents. Scholars, the Federal Circuit, and the Supreme Court have all endorsed this conventional view. However, it is wrong—or at least overly simplistic. The American patent system is only partially a system of ex …
A Siri-Ous Societal Issue: Should Autonomous Artificial Intelligence Receive Patent Or Copyright Protection?,
2020
Mitchell Hamline School of Law
A Siri-Ous Societal Issue: Should Autonomous Artificial Intelligence Receive Patent Or Copyright Protection?, Samuel Scholz
Cybaris®
No abstract provided.
That's Fuct: Why The Political Question Doctrine Should Have Barred The Supreme Court From Deciding Iancu V. Brunetti,
2020
Mitchell Hamline School of Law
That's Fuct: Why The Political Question Doctrine Should Have Barred The Supreme Court From Deciding Iancu V. Brunetti, Jennifer Madaras
Cybaris®
No abstract provided.
The Importance Of Communication To Possession In Ip,
2020
University of Denver
The Importance Of Communication To Possession In Ip, Timothy R. Holbrook
Sturm College of Law: Faculty Scholarship
In this invited online symposium piece, Professor Holbrook engages with the recent article by Dotan Oliar & James Y. Stern, Right on Time: First Possession in Property and Intellectual Property, 99 B.U. L. Rev. 395 (2019). This essay explores the important role that communication to interested third parties plays in possession for allocating property rights. The essay focuses on two aspects of patent law that demonstrate the importance of such communication: patent priority and utility. Under the first-to-invent regime, the first to invent could lose the right to the patent - and a second-to-invent could get the patent - if …
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete,
2020
Texas A&M University School of Law
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Student Scholarship
Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …
Praxair And The Ptab's Shadow Over Biotechnology Patents,
2020
Texas A&M University School of Law
Praxair And The Ptab's Shadow Over Biotechnology Patents, Nora J. Mcguffey
Student Scholarship
The biotechnology industry is one of the fastest growing fields in research and development. This may be attributed to the decision in Diamond v. Chakrabarty, where the Supreme Court held that a biotechnology invention was patent-eligible subject matter under 35 U.S.C. § 101. However, recent Supreme Court rulings have left the boundaries of § 101 uncertain, unworkable, and difficult for biotechnology industries to gain patent protections for their inventions. Before Congress enacted the AIA in 2011, the courts were the biggest influence on shaping the doctrine of patent eligible subject matter under § 101. But now with the new AIA …
Privative Copyright,
2020
Vanderbilt University Law School
Privative Copyright, Shyamkrishna Balganesh
Vanderbilt Law Review
“Privative” copyright claims are infringement actions brought by authors for the unauthorized public dissemination of works that are private, unpublished, and revelatory of the author’s personal identity. Driven by considerations of authorial autonomy, dignity, and personality rather than monetary value, these claims are almost as old as Anglo-American copyright law itself. Yet modern thinking has attempted to undermine their place within copyright law and sought to move them into the domain of privacy law. This Article challenges the dominant view and argues that privative copyright claims form a legitimate part of the copyright landscape. It shows how privative copyright claims …
Fame: Ownership Implications Of Intellectual Property And Agency Law,
2020
University of Baltimore School of Law
Fame: Ownership Implications Of Intellectual Property And Agency Law, Max Stul Oppenheimer
Fordham Intellectual Property, Media and Entertainment Law Journal
In the pre-internet era, it was difficult to reach a wide audience without the help of a professional organization, so as a practical matter control typically rested with distributors rather than with talent. Now that direct public distribution is easy and inexpensive, distributors’ practical control has greatly diminished, and it is therefore important to consider the legal principles that govern the control of the use of “fame.” This Article defines fame as a bundle of intellectual property rights and analyzes the ownership of those rights under intellectual property and agency theories.
Down The Rabbit Hole: Applying A Right To Be Forgotten To Personal Images Uploaded On Social Networks,
2020
Bond University
Down The Rabbit Hole: Applying A Right To Be Forgotten To Personal Images Uploaded On Social Networks, Eugenia Georgiades
Fordham Intellectual Property, Media and Entertainment Law Journal
The right to be forgotten has been the subject of extensive scrutiny in the broad context of data protection. However, little consideration has been given to the misuse of personal images that are uploaded on social networks. Given the prevalent use of online and digital spaces, social networks process and use various forms of data, including personal images that are uploaded by individuals. The potential for misuse of images is particularly acute when users upload images of third parties. In light of the European Union’s enshrinement of the “right to be forgotten” amid provisions of the General Data Protection Regulation …
Bounty Hunters For Algorithmic Cartels: An Old Solution For A New Problem,
2020
Fordham University School of Law
Bounty Hunters For Algorithmic Cartels: An Old Solution For A New Problem, Aleksandra Lamontanaro
Fordham Intellectual Property, Media and Entertainment Law Journal
In light of the reality that pricing algorithms allow commercial actors to perform all phases of their price-fixing conspiracies without leaving behind trails of traditional incriminating evidence, the scarcity of algorithmic cartels prosecutions is hardly surprising. Given well-documented evidence that the authorities struggle in their efforts to detect even conventional price-fixing cartels, it is imperative to come up with new tools for detecting algorithmic cartels, which have unprecedented potential to harm consumers if left ignored. This Note investigates algorithmic capabilities to collude, as well as legal and technical challenges that governmental authorities face in confronting such collusion. This Note then …
Some First Amendment Implications Of The Trademark Registration Decisions,
2020
Marquette University Law School
Some First Amendment Implications Of The Trademark Registration Decisions, Marc Rohr
Marquette Intellectual Property Law Review
No abstract provided.
If The Law Can Allow Takebacks, Shouldn't It Also Allow Hackbacks?,
2020
Marquette University Law School
If The Law Can Allow Takebacks, Shouldn't It Also Allow Hackbacks?, Adam Rodrigues
Marquette Intellectual Property Law Review
None.
Whiskey Sour: An Ip Evaluation Of Nathan Green's Contribution To Jack Daniel's Whiskey And How That Contribution Led To An Inequitable Distribution Of Generational Wealth,
2020
Marquette University Law School
Whiskey Sour: An Ip Evaluation Of Nathan Green's Contribution To Jack Daniel's Whiskey And How That Contribution Led To An Inequitable Distribution Of Generational Wealth, Emmanuel Onochie
Marquette Intellectual Property Law Review
None.
Fiddling With Federal Circuit Precedent: The Commercial And Qualitative Impact Of Recent Supreme Court Reversals On The U.S. Patent System,
2020
Fordham University School of Law
Fiddling With Federal Circuit Precedent: The Commercial And Qualitative Impact Of Recent Supreme Court Reversals On The U.S. Patent System, Christopher J. Hamersky
Fordham Intellectual Property, Media and Entertainment Law Journal
Prior to 2006, the Court of Appeals for the Federal Circuit enjoyed a fairly laissez-faire relation with the Supreme Court of the United States, enabling it to develop a patent law jurisprudence that patent practitioners could confidently rely on given that it had remained relatively stable for several decades. However, in 2006, the Supreme Court reviewed eBay v. MercExchange and subsequently began a string of frequent Federal Circuit reversals that have caused significant change to the U.S. patent system. Whereas the Supreme Court rarely took up patent appeals in the Federal Circuit’s early history, it now routinely reviews patent questions …
Patent Law’S Purposeful Ambiguity,
2020
Case Western University School of Law
Patent Law’S Purposeful Ambiguity, Craig Allen Nard
Faculty Publications
The ambiguity of language is an unremarkable, yet persistent force within our legal system. In the context of patent law, ambiguity presents a particularly acute dilemma; namely, while describing technological innovations is a salient feature of the patent system, affecting the validity and scope of one’s property right, the blunt nature of language makes this task particularly difficult. This paper argues to address this vexing fixture, patent doctrine purposely embraces ambiguity as a linguistic accommodation that provides measured flexibility for actors to claim and describe their innovations. It should not be surprising, therefore, that some of patent law’s most venerable …
The New Madison Approach To Antitrust Law And Intellectual Property Law,
2020
The Catholic University of America, Columbus School of Law
The New Madison Approach To Antitrust Law And Intellectual Property Law, Anita Alanko
Catholic University Journal of Law and Technology
The New Madison Approach has recently been introduced by the Department of Justice Antitrust Division in an effort to address a weakening of patent rights in recent years. The approach has four premises: patent hold-up is not an antitrust problem, standard setting organizations should better protect against patent hold-out to ensure maximum incentives to innovate, patent holder injunction rights should be protected and not limited, and a unilateral and unconditional refusal to license a valid patent should be per se legal. After providing an introduction to the relevant law and terms of art, support and criticism of the New Madison …
The International Intellectual Property Commercialization Council’S 3rd Annual U.S. Conference: The State Of Innovation In The Union,
2020
Syracuse University
The International Intellectual Property Commercialization Council’S 3rd Annual U.S. Conference: The State Of Innovation In The Union, Jeffery P. Langer, Neel Sukhatme, Paul R. Zielinski, G. Nagesh Rao, Pj Bellomo, Matthew Byers, Meghan Gaffney Buck, Everardo Ruiz, Andrei Iancu, Patrick Kilbride, Carl J. Schramm, Colman Ragan, Ami Patel Shah, Randall R. Rader
Catholic University Journal of Law and Technology
The International Intellectual Property Commercialization Council (“IIPCC”) presented its third annual policy conference at the United States Capitol on May 6, 2019. The conference’s theme explored the question of “what is the state of innovation in the United States?” Panelists included The Honorable Andrei Iancu – Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office; Dr. Carl J. Schramm – University Professor, Syracuse University and Former President of the Ewing Marion Kauffman Foundation; Mr. Patrick Kilbride – Senior Vice President of the Global Innovation Policy Center (“GIPC”) at the U.S. Chamber of …
An Inside History Of The Burger Court's Patent Eligibility Jurisprudence,
2020
Washington and Lee University School of Law
An Inside History Of The Burger Court's Patent Eligibility Jurisprudence, Christopher B. Seaman, Sheena X. Wang
Scholarly Articles
Patent eligibility is one of the most important and controversial issues in intellectual property law. Although the relevant constitutional and statutory text is extremely broad, the Supreme Court has significantly narrowed the scope of patentable eligibility by creating exceptions for inventions directed to abstract ideas, laws of nature, and natural phenomenon. In particular, the Supreme Court’s decisions on this issue over the past decade have created considerable uncertainty regarding the patentability of important innovations. As a result, numerous stakeholders have called for reform of the current rules regarding patent eligibility, and members of Congress have introduced legislation to amend the …
Abandoning Copyright,
2020
Case Western University School of Law
Abandoning Copyright, Dave Fagundes, Aaron K. Perzanowski
Faculty Publications
For nearly two hundred years, U.S. copyright law has assumed that owners may voluntarily abandon their rights in a work. But scholars have largely ignored copyright abandonment, and the case law is fragmented and inconsistent. As a result, abandonment remains poorly theorized, owners can avail themselves of no reliable mechanism to abandon their works, and the practice remains rare. This Article seeks to bring copyright abandonment out of the shadows, showing that it is a doctrine rich in conceptual, normative, and practical significance. Unlike abandonment of real and chattel property, which imposes significant public costs in exchange for discrete private …
