The “25% Rule” For Patent Infringement Damages After Uniloc, 2012 Duke Law
The “25% Rule” For Patent Infringement Damages After Uniloc, Roy J. Epstein
Duke Law & Technology Review
The 2011 decision by the Federal Circuit in Uniloc v. Microsoft properly condemned the “25% Rule,” which bases a reasonable royalty on 25% of an infringer’s profits. Nonetheless, at least one proponent of the Rule continues to argue that the Rule is fundamentally valid and should remain in use. This article analyzes the historical development of the Rule, its conceptual basis, its application in actual cases, and relevant insights from other recent Federal Circuit cases. Each analysis shows fundamental problems and contradictions that demonstrate the Rule can never be a reliable patent damages methodology. There is no reason to change …
Settlement Of India/Eu Wto Dispute Re Seizures Of In-Transit Medicines: Why The Proposed Eu Border Regulation Isn't Good Enough, 2012 Northeastern University School of Law
Settlement Of India/Eu Wto Dispute Re Seizures Of In-Transit Medicines: Why The Proposed Eu Border Regulation Isn't Good Enough, Brook Baker
Brook K. Baker
European Customs officials have used fictive patent rights to justify the seizure of lawful generic medicines produced in India and destined for non- European markets. Following a public outcry and initiation of two WTO complaints, the EU has proposed amendments to Border Regulations Measure 1383/2003. The Proposed Border Regulation in its current form will not adequately resolve the risk of interception in Europe of medicines lawfully manufactured and exported from India and destined for lawful import and consumption in a non-EU country. This analysis concludes that multiple weaknesses remain in the Border Regulations, including: (1) continued coverage of alleged patent …
Submission To The Joint Standing Committee On Treaties Inquiry Into The Anti-Counterfeiting Trade Agreement, 2012 University of Sydney, Australia
Submission To The Joint Standing Committee On Treaties Inquiry Into The Anti-Counterfeiting Trade Agreement, Kimberlee G. Weatherall
Kimberlee G Weatherall
Independent submission to JSCOT Inquiry into ACTA. Considers whether Australia should ratify ACTA, and in the process considers problems with ACTA.
Socio-Economic Effects Of Demolishing Squatter Settlements And Illegal Structures In Abuja Metropolis, Federal Capital Territory, Nigeria, 2012 SelectedWorks
Socio-Economic Effects Of Demolishing Squatter Settlements And Illegal Structures In Abuja Metropolis, Federal Capital Territory, Nigeria, Ishaku Iy Mallo Phd, Victor G. Obasanya
Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria
Abuja the Federal Capital Territory and study area is located between latitudes 8o25’ and 9o25’ North of the Equator and longitudes 6o45’ and 7o45’ East of the Greenwich Meridian. The study was carried out in Abuja Phase 1, and it is aimed at highlighting various socioeconomic effects of demolition of illegal structures and informal or squatter settlements on the people within the study area. Data was collected through reconnaissance survey, personal interviews with respondents, and a well laid out questionnaire. The results indicate that the demolition exercise embarked upon by the authorities in the Federal Capital Territory was a response …
Renewing Healthy Competition: Compulsory Licenses And Why Abuses Of The Trips Article 31 Standards Are Most Damaging To The United States Healthcare Industry, 2012 Pepperdine University
Renewing Healthy Competition: Compulsory Licenses And Why Abuses Of The Trips Article 31 Standards Are Most Damaging To The United States Healthcare Industry, Jon Matthews
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
International Media Pirates: Are They Making The Entertainment Industry Walk The Plank?, 2012 Pepperdine University
International Media Pirates: Are They Making The Entertainment Industry Walk The Plank?, Lavonne Burke
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
And Justice For . . . : An Analysis Of Digital Music, Fair Use And Audience Rights, 2012 Pepperdine University
And Justice For . . . : An Analysis Of Digital Music, Fair Use And Audience Rights, Christopher Cunico
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Duck, Duck, Bilski: Searching For A Law-Progress Equipoise, 2012 Pepperdine University
Duck, Duck, Bilski: Searching For A Law-Progress Equipoise, Eric Golas Salbert
The Journal of Business, Entrepreneurship & the Law
Moore's Law generally asserts that the transistor capacity on a computer processing unit increases exponentially over time. To exemplify, in 1971, Intel's first microprocessor contained 2,300 transistors and was used in simple electronic pocket calculators and by 2007 Intel was manufacturing microprocessors containing 820,000,000 transistors used in personal computers capable of near-instantaneous worldwide communication over the Internet. When the framers of the Constitution drafted the empowering words, “To promote the Progress of Science and useful Arts,” could they foresee such a blistering pace of innovation? Have courts been able to maintain the balance between progress and limited monopolies? The history …
Protecting A Celebrity's Legacy: Living In California Or New York Becomes The Deciding Factor, 2012 Pepperdine University
Protecting A Celebrity's Legacy: Living In California Or New York Becomes The Deciding Factor, Laurie Henderson
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Shutting Down The Offense: Why The Supreme Court Should Designate The Nfl A Single Entity For Antitrust Purposes, 2012 Pepperdine University
Shutting Down The Offense: Why The Supreme Court Should Designate The Nfl A Single Entity For Antitrust Purposes, Peter R. Morrison
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Notorious: The Treatment Of Famous Trademarks In America And How Protection Can Be Ensured, 2012 Pepperdine University
Notorious: The Treatment Of Famous Trademarks In America And How Protection Can Be Ensured, Blake W. Jackson
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Impact Of Medimmune, Inc. V. Genentech, Inc. And Its Progeny On Technology Licensing, 2012 Pepperdine University
The Impact Of Medimmune, Inc. V. Genentech, Inc. And Its Progeny On Technology Licensing, Michael Donovan
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Abolish Trademark Law's Initial Interest Confusion And Permit Manipulative Internet Search Practices, 2012 Pepperdine University
Abolish Trademark Law's Initial Interest Confusion And Permit Manipulative Internet Search Practices, Priya Singh
The Journal of Business, Entrepreneurship & the Law
This article discusses trademark law’s doctrine of initial interest confusion, which is currently applied to Internet cases. First, it argues that the doctrine is problematic because it does not require the traditional showing of likelihood of confusion, it is superfluous, and it is unnecessary in the Internet context. Second, it proposes that courts should instead rely on the likelihood of confusion analysis. Additionally, courts should acknowledge that metatags are an outdated issue, and, when it comes to domain names, they should make use of the Anticybersquatting Consumer Protection Act (“ACPA”).
Oportunidades De Desarrollo Productivo De La Población De Afectación Prioritaria En La Operación Estratégica Fontibón – Aeropuerto Eldorado – Engativá, 2012 Universidad Externado de Colombia
Oportunidades De Desarrollo Productivo De La Población De Afectación Prioritaria En La Operación Estratégica Fontibón – Aeropuerto Eldorado – Engativá, Iván A. Rojas V
Iván Rojas V
The book analyzes the case of Operation Strategic Fontibón - Eldorado Airport - Engativa (OEFAE) and the implications on the urban economy of the city and potential opportunities for productive development for the population affected by the project in 2010 in Bogotá DC. El libro analiza el caso de la Operación Estrategica Fontibón - Aeropuerto ElDorado - Engativa (OEFAE) y las implicaciones sobre la economía urbana de la ciudad y las posibles oportunidades de desarrollo productivo para la población afectada por el proyecto en el 2010 en la ciudad de Bogotá DC.
Piracy By Plastic: Why The Ninth Circuit Should Have Held Credit Cards Liable For Secondary Copyright Infringement, 2012 Pepperdine University
Piracy By Plastic: Why The Ninth Circuit Should Have Held Credit Cards Liable For Secondary Copyright Infringement, Jonathan Lee
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Federal Patent Takings, 2012 Pepperdine University
Federal Patent Takings, Christopher S. Storm
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Expanding Public Access To The Results Of Federally Funded Research, 2012 University of Nebraska-Lincoln
Expanding Public Access To The Results Of Federally Funded Research, Joan Giesecke
Copyright, Fair Use, Scholarly Communication, etc.
The complete collection of articles resulting from publicly funded research should be made freely accessible, so that the public can fully use them – (i.e. text mine, data mine, compute on them, create derivative works) without commercial restriction.
Public access policies can be successfully implemented by respecting and working within the current copyright framework.
The federal government is the appropriate entity to provide permanent stewardship of these articles, and is in a unique position to ensure that publicly funded articles are permanently preserved, made accessible, and useable.
Publishers are one player that might be encouraged to participate in public/private partnership …
Wisdom Of The Ages Or Dead-Hand Control? Patentable Subject Matter For Diagnostic Methods After In Re Bilski, 2012 University of Michigan Law School
Wisdom Of The Ages Or Dead-Hand Control? Patentable Subject Matter For Diagnostic Methods After In Re Bilski, Rebecca Sue Eisenberg
Law & Economics Working Papers
For a quarter century following the landmark 1980 decision of the Supreme Court in Diamond v. Chakrabarty, inventions and discoveries in biotechnology research appeared to be eligible for patent protection, assuming they meet the statutory standards for patent protection. The Supreme Court reopened the issue of patentable subject matter in 2005 when it granted certiorari in Laboratory Corporation v. Metabolite on the question of whether a method of diagnosing vitamin deficiency by observing a biomarker was unpatentable as a “basic scientific relationship.” Although the Court later dismissed the case without reaching a decision on the merits, since that time the …
Rainfall Variability And Crop Zones Classification For The Federal Capital Territory, Nigeria, 2012 SelectedWorks
Rainfall Variability And Crop Zones Classification For The Federal Capital Territory, Nigeria, Shaibu M. Hassan Phd
Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria
This study aims at analyzing agro-climatological parameters and establishing a link between some selected agro-climatological indices and sustainability of agricultural production in the Federal Capital Territory (FCT). Two sets of data, climatic and crop yield data were collected and subjected to various agro-climatological analyses. Agro-climatological analyses include the derivation of Onset, Cessation and Length of Rainy Season (LRS), Seasonality Index, Drought Index and Precipitation Periodicity Index. The statistical analyses include monthly and annual means, deviation from the mean, trend line. The result of moisture index in line with crops optimum moisture requirement was used to classify the Territory into agro-climatic …
Rethinking National Intellectual Property Strategies, 2012 Texas A&M University School of Law
Rethinking National Intellectual Property Strategies, Peter Yu
Peter K. Yu
No abstract provided.