Intellectual Property Law Commons^™

What Is The Trade-Off: Are New Trade Deals Worth The Changes To Pharmaceutical Patents?, Kaitlyn Carter

Marquette Intellectual Property Law Review

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Balancing Mickey Mouse And The Mutant Copyright: To Copyright A Trademark Or To Trademark A Copyright, That Is The Question, Michael A. Forella Iii

Marquette Intellectual Property Law Review

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Determining Patent Worthlesseness For Tax Purposes, Christina Sumer

Marquette Intellectual Property Law Review

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Gene Patents, Drug Prices, And Scientific Research: Unexpected Effects Of Recently Proposed Patent Eligibility Legislation, Charles Duan

Marquette Intellectual Property Law Review

Recently, Congress has considered legislation to amend § 101, a section of the Patent Act that the Supreme Court has held to prohibit patenting of laws of nature, natural phenomena, and abstract ideas. This draft legislation would expand the realm of patent-eligible subject matter, overturning the Court’s precedents along the way. The draft legislation, and movement to change this doctrine of patent law, made substantial headway with a subcommittee of the Senate holding numerous roundtables and hearings on the subject.

This article considers some less-discussed consequences of that draft leg- islative proposal. The legislation likely opens the door to patenting …

American Privacy Law At The Dawn Of A New Decade (And The Ccpa And Covid-19): Overview And Practitioner Critique, Kimberly Dempsey Booher, Martin B. Robins

Marquette Intellectual Property Law Review

No abstract provided.

Tracing The Evolution Of Standards And Standard-Setting Organizations In The Ict Era, Manveen Singh

Marquette Intellectual Property Law Review

No abstract provided.

Confusion, Conflict, And Case Law: Analyzing The Language Of The United States Patent Act And Conflicting Case Law Regarding The Transfer Of Patent Rights In The 21st Century, Lucas C. Logic

Marquette Intellectual Property Law Review

No abstract provided.

A Critical Evaluation Of The Effectiveness And Legitimacy Of Webblocking Injunctions, Mark Hyland

Articles

Relative to the dual criteria of effectiveness and legitimacy, this article evaluates webblocking injunctions in the context of intellectual property law and with a particular focus on the vanguard role played by the English Courts. With regard to the first criterion, it is argued that there is reason to think that webblocking injunctions are viewed by IP owners as well as by legislators and courts as a relatively effective instrument in the protection of IP assets. Moreover, the extension of webblocking orders to trade marks together with their adoption in a number of legal systems, is further evidence that these …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Patent Owners Face Unknown Arguments As To Whether Ipr Estoppel Attaches To Physical Products, 19 Uic Rev. Intell. Prop. L. 328 (2020), Christian Karpinski

UIC Review of Intellectual Property Law

When challenging a patent in an inter partes review (“IPR”), petitioners are limited to arguing that the patent is anticipated or obvious based on existing patents and printed publications. According to 35 U.S.C. § 315(e)(1) and (2), a petitioner in an IPR that results in a final written decision (FWD) may not raise in the USPTO or a civil action or an ITC proceeding “any ground that the petitioner raised or reasonably could have raised during that inter partes review.” But, what if a prior art physical product is cumulative of a printed publication raised in an IPR? Courts have …

Blockchain And Smart Contract For Peer-To-Peer Energy Trading Platform: Legal Obstacles And Regulatory Solutions, 19 Uic Rev. Intell. Prop. L. 285 (2020), Joseph Lee, Vere Marie Khan

UIC Review of Intellectual Property Law

This paper discusses the implications of smart contracts in energy trading for the protection of consumer and individual rights. It examines the legal risks and regulatory solutions for a peer-to-peer energy trading platform (P2P-ETP) in creating a sustainable energy ecosystem. Part I discusses the conceptual framework of P2PETP, which enables consumers to become energy ‘producers' and traders. Smart technologies—smart contracts, smart meters, and distributed ledger technology (DLT) platforms, are the main components of this platform. The study examines the legal basis for these components. Part II analyzes the legal uncertainty of the smart contract, such as its enforceability, and the …

Extraterritoriality And The Active Inducement Of Infringement, 19 Uic Rev. Intell. Prop. L. 204 (2020), Robert Stier

UIC Review of Intellectual Property Law

In Merial Ltd. v. Cipla Ltd., the Federal Circuit held that actions taken outside the United States might make a foreign defendant liable for induced infringement of a US patent under § 271(b) of the Patent Act. This article questions whether Merial remains good law after the Supreme Court’s 2018 decision in WesternGECO LLC v. ION Geophysical Corp. There, the Supreme Court held that lost profits from foreign sales were recoverable under § 284 of the Patent Act when they resulted from acts of domestic patent infringement. In reaching that decision, the Court applied the test from RJR Nabisco, Inc. …

Mural Mural On The Wall: Revisiting Fair Use Of Street Art, 19 Uic Rev. Intell. Prop. L. 267 (2020), Madylan Yarc

UIC Review of Intellectual Property Law

Mural mural on the wall, what’s the fairest use of them all? Many corporations have taken advantage of public art to promote their own brand. Corporations commission graffiti advertising campaigns because they create a spectacle that gains traction on social media. The battle rages on between the independent artists who wish to protect the exclusive rights over their art, against the corporations who argue that the public art is fair game and digital advertising is fair use of art. The Eastern Market district of Detroit is home to the Murals in the Market Festival. In January 2018, Mercedes Benz obtained …

Determining The Composition, Joe Bennett, Sean M. O'Connor

Faculty Works

This chapter explores the interpretation of a musical work in the context of changes to songwriters’ creative behaviors, driven by changes in composing technologies. It argues that in the 21st century, a musical work (MW) is fully embodied in a phonorecording, and that single, artificially isolated elements (such as melodic fragments) should be considered de minimis for the purposes of copyright infringement litigation. This view is evidenced by the self-reported creative activities of more than 200 songwriting teams, taken from the popular podcast Song Exploder. Three detailed case studies are provided from this collection, all based on songwriting teams using …

Double Jeopardy: Patents Of Invention As Contracts, Invention Disclosure As Consideration, And Where Oil States Went Wrong, N. Scott Pierce

Fordham Intellectual Property, Media and Entertainment Law Journal

Patents in England were once favors granted by the King with the requirement that the subject matter be practiced, or worked, for the benefit of the public. However, by the late eighteenth century patents were viewed as contracts with the government. Concomitant with this shift, the requirement to practice an invention was replaced by submission of a written specification disclosing to the public how to work the subject matter of the patent. In essence, advancement of the public good by grant of an exclusionary right to practice an invention at royal discretion was substituted with public disclosure as consideration for …

Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala

Cybaris®

No abstract provided.

State Of Dilution: How U.S. Trademark And Anti-Dilution Law Violates The Agreement On Trade-Related Aspects Of Intellectual Property Rights, Sherwet Witherington

American University International Law Review

No abstract provided.

The Tea Rose-Rectanus Doctrine's Good Faith Test, Nashrah Ahmed

American University Business Law Review

No abstract provided.

Interpreting Gobbledygook Under 35 U.S.C. § 101: Does The 2019 Patent Eligibility Guidance Clarify Past Confusion?, Nicole Bruner

American University Business Law Review

No abstract provided.

Are College Football Players Being Promised Big Nfl Bucks And Being Shortchanged In The Classroom And On The Field?, Melanie Navarro

UC Law SF Communications and Entertainment Journal

Football is America’s pastime. Over one hundred million people tuned in to watch this year’s Super Bowl. Sundays during football season are spent in front of a television rooting for our favorite teams. Football has been an integral part of American culture for over 120 years. But in recent years, football has lost yardage. Information regarding the causal link between head injuries on the football field and degenerative brain diseases has come to light. Thousands of former National Football League (“NFL”) players took part in a highly publicized class-action lawsuit against the league. Players alleged that the NFL knew of …