Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act,
2014
Seattle University School of Law
Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act, Rachel A. Lewis
Seattle University Law Review
The law regarding reverse payment settlements is anything but settled. Reverse payment settlements are settlements that occur during a patent infringement litigation in which a pharmaceutical patent holder pays a generic drug producer to not infringe on the pharmaceutical patent. Despite the recent decision by the United States Supreme Court in FTC v. Actavis, Inc., there are still unanswered questions about how the “full rule of reason” analysis will be applied to reverse payment. This Comment argues that despite the outcome in Actavis, the complex regulatory framework of the Hatch–Waxman Act will create repeated conflicts between antitrust law and patent …
Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto,
2014
University of Georgia School of Law
Moving All-In With The World Trade Organization: Ignoring Adverse Rulings And Gambling With The Future Of The Wto, Paul Rothstein
Georgia Journal of International & Comparative Law
No abstract provided.
Federal Circuit's Obviousness Test For New Pharmaceutical Compounds: Gobbledygook?,
2014
Ohio State University Moritz College of Law
Federal Circuit's Obviousness Test For New Pharmaceutical Compounds: Gobbledygook?, Douglas L. Rogers
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Restoring The Balancing Test: A Better Approach To Fair Use In Copyright,
2014
University of West Florida
Restoring The Balancing Test: A Better Approach To Fair Use In Copyright, Charlie Penrod
Chicago-Kent Journal of Intellectual Property
Fair use analyses are overly vague and abstract. While the Copyright Act established four factors for courts to consider when determining if an alleged infringer’s use of copyrighted work is “fair”, these factors are not susceptible to easy interpretation. More importantly, once these factors have been interpreted, a trier of fact is instructed to balance these factors against each other. No effective method currently exists in guiding courts as to how to balance inherently disparate factors against each other, either in terms of intensity of the factors or how one factor might balance against another totally different factor. This article …
Patent, But Where Is Home And Global Justice? A Rawlsian And Senian Inquiry,
2014
Newcastle University Law School
Patent, But Where Is Home And Global Justice? A Rawlsian And Senian Inquiry, Deming Liu
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Mourning The Loss Of Copyright's Unsung Hero: Destruction Of The First Sale Doctrine,
2014
Ohio Norther University Claude W. Pettit College of Law
Mourning The Loss Of Copyright's Unsung Hero: Destruction Of The First Sale Doctrine, C. Todd Mosley
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Keeping It Under Wraps: Trade Secrecy For Offshore Asset Protection Plans,
2014
Chicago-Kent College of Law
Keeping It Under Wraps: Trade Secrecy For Offshore Asset Protection Plans, Thomas A. Brunty
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Silent Similarity,
2014
University of Michigan Law School
Silent Similarity, Jessica Litman
Chicago-Kent Journal of Intellectual Property
From 1909 to 1930, U.S. courts grappled with claims by authors of prose works claiming that works in a new art form—silent movies—had infringed their copyrights. These cases laid the groundwork for much of modern copyright law, from their broad expansion of the reproduction right, to their puzzled grappling with the question how to compare works in dissimilar media, to their confusion over what sort of evidence should be relevant to show copyrightability, copying and infringement. Some of those cases—in particular, Nichols v. Universal Pictures—are canonical today. They are not, however, well-understood. In particular, the problem at the heart …
Mind-Movies: Original Authorship As Applied To Works From "Mind-Reading" Neurotechnology,
2014
Chicago-Kent College of Law
Mind-Movies: Original Authorship As Applied To Works From "Mind-Reading" Neurotechnology, Theo Austin Bruton
Chicago-Kent Journal of Intellectual Property
U.S. courts frequently analyze new technology under copyright law. Over the years, the courts have applied copyright law to photographic cameras, computer programs, digital video recorders, and much more. However, a recent breakthrough in the neuroscience community may force judges to apply copyright standards in an unorthodox fashion. A group of researchers at UC Berkeley devised a process that reconstructs video sequences from the human brain, essentially creating a movie from the person’s mind. As this neurotechnology develops, it is uncertain how judges will apply copyright law to content taken directly from the brain. Nevertheless, this Article argues that such …
The End Of (Meta) Search Engines In Europe?,
2014
Max Planck Institute for Innovation and Competition
The End Of (Meta) Search Engines In Europe?, Martin Husovec
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Trademark Extortionist Revisited: A Response To Vogel And Schachter,
2014
Mitchell Hamline School of Law
Trademark Extortionist Revisited: A Response To Vogel And Schachter, Kenneth L. Port
Chicago-Kent Journal of Intellectual Property
Trademark bullying (a.k.a. trademark extortion) is a very controversial notion in trademark litigation in the United States. There, for sure, is a lot of illegitimate trademark infringement happening. Anecdotally, we also know that trademark holders often overstep in the assertion of their otherwise legitimate rights. For the first time, this article documents how large a problem trademark bullying is and how often it happens. Trademark bullying occurs when there is evidence that a trademark holder asserts a non-famous mark against a non-competing entity on or in connection with goods or services into which the plaintiff has no reasonable expectation of …
Keynote Address: Stalemate Or Statesmen: What Is Needed To Move Forward Constructively With The Balancing Of America's Ip System?,
2014
Cravath, Swaine & Moore
Keynote Address: Stalemate Or Statesmen: What Is Needed To Move Forward Constructively With The Balancing Of America's Ip System?, David J. Kappos
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Aereo And Filmon: Technology’S Latest Copyright War And Why Aereo Should Survive,
2014
Washington and Lee University School of Law
Aereo And Filmon: Technology’S Latest Copyright War And Why Aereo Should Survive, Krista Consiglio
Washington and Lee Law Review
No abstract provided.
Rethinking Trademark Functionality As A Question Of Fact,
2014
Saint Louis University of Law
Rethinking Trademark Functionality As A Question Of Fact, Yvette Joy Liebesman
Nevada Law Journal
No abstract provided.
The Debilitating Effect Of Exclusive Rights: Patents And Productive Inefficiency,
2014
University of Baltimore School of Law
The Debilitating Effect Of Exclusive Rights: Patents And Productive Inefficiency, William Hubbard
All Faculty Scholarship
Are we underestimating the costs of patent protection? Scholars have long recognized that patent law is a double-edged sword. While patents promote innovation, they also limit the number of people who can benefit from new inventions. In the past, policy makers striving to balance the costs and benefits of patents have analyzed patent law through the lens of traditional, neoclassical economics. This Article argues that this approach is fundamentally flawed because traditional economics rely on an inaccurate oversimplification: that individuals and firms always maximize profits. In actuality, so-called "productive inefficiencies" often prevent profit maximization. For example, cognitive biases, bounded rationality, …
Learning From Lin: Lessons And Cautions From The Natural Commons For The Knowledge Commons,
2014
Indiana University Maurer School of Law
Learning From Lin: Lessons And Cautions From The Natural Commons For The Knowledge Commons, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Aereo: Cutting The Cord Or Splitting The Circuit?,
2014
The Catholic University of America, Columbus School of Law
Aereo: Cutting The Cord Or Splitting The Circuit?, Julie Borna
CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)
No abstract provided.
Top Tens In 2013: Patent, Trademark, Copyright And Trade Secret Cases,
2014
Suffolk University Law School
Top Tens In 2013: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn
Suffolk University Law School Faculty Works
This paper discusses notable intellectual property law caselaw in the United States in 2013. The Supreme Court decided four patent cases, holding that isolated human DNA is not patentable; that lawsuits alleging legal malpractice in patent cases are to be litigated in state, not federal, court; that seeds grown from genetically modified patented seeds cannot be resold; and that reverse-payment settlements between brand name and generic pharmaceutical companies are subject to scrutiny under the anti-trust laws. The one trademark case the Court decided addressed an issue with more impact in the patent area: whether a rights holder can destroy jurisdiction …
The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System,
2014
The Catholic University of America, Columbus School of Law
The Narrowest And Most Obvious Limits: Applying Fair Use To Appropriation Art Economically Using A Royalty System, Brittani Everson
Catholic University Law Review
No abstract provided.
Score A Touchdown, Kiss Your Tattoo, And Get Sued For Copyright Infringement?,
2014
Villanova University Charles Widger School of Law
Score A Touchdown, Kiss Your Tattoo, And Get Sued For Copyright Infringement?, Darren A. Heitner, Alan Wilmot
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
