Intellectual Property Law Commons^™

An "Exclusive" Application Of An Abstract Idea: Clarification Of Patent-Eligible Subject Matter After Bilski V. Kappos, Stephen Pulley

BYU Law Review

No abstract provided.

A Comparative Perspective On The Patent Eligibility Of Software Inventions, Hung-San Kuo

Maurer Theses and Dissertations

Computer software is considered similar to an algorithm, a mental activity, or an abstract idea, so whether or not it meets patent eligibility is full of controversy. Although computer software products are sold all over the world, each jurisdiction deals with them differently based on individual regulations. If there were an objective and proper way to deal with this subject matter, it would reduce the number of debates and narrow the gap of patent protection among different jurisdictions.

The meaning of "invention" in patent law in each jurisdiction is the most important factor affecting the determination of patent eligibility, which …

Open For Trouble: Amending Washington's Open Public Meetings Act To Preserve University Patent Rights, Vladimir Lozan

Washington Law Review

Times have changed. Science is no longer “a perfect working model of democracy,” so transparent that it does not need supervision by outsiders. Instead, science is now regulated at the federal and state level. At the federal level, laws and regulations require peer review meetings for research at state public universities to ensure compliance with federal funding mandates. At the state level, the Washington Open Public Meetings Act (OPMA) requires that peer review meetings at state universities be open to the public. When a scientist presents during one of these peer review meetings, the state university may lose patent rights …

Religious Use Of Copyrighted Works After Smith, Rfra, And Eldred, Steven D. Jamar

Cardozo Law Review

No abstract provided.

Billy-Bob Teeth Saves Porn Star: Coping With Defective Work-For-Hire Registrations, Thomas G. Field

The University of New Hampshire Law Review

[Excerpt] “This paper begins by briefly reviewing statutory provisions that determine initial copyright ownership, govern title transfers, establish requisites to infringement litigation, and bar untimely suits.

It then examines Billy-Bob Teeth and Jules Jordan Video and explains how, in the latter case, the Ninth Circuit applied rationales adopted by the Seventh Circuit in the former case to overturn a JMOL unfavorable to an "adult film" star.

The third part of the paper reviews use of the copyright statute of limitations to resolve competing ownership claims.

The last part of the paper, flagging important differences between § 201(b) and § 204(a), …

Negativing Invention, Jacob S. Sherkow

BYU Law Review

No abstract provided.

Causing Infringement, Mark Bartholomew, Patrick F. Mcardle

Journal Articles

Recent appellate decisions reveal a chaotic contributory infringement doctrine that offers little direction to entrepreneurs trying to balance digital innovation with legal strictures. Aware of the problem, both the Supreme Court and legal scholars urge a modeling of contributory infringement on common law tort rules. But common law tort is an enormous subject. Without further instruction, the subject area is too vast and contradictory to offer a realistic template for reform. Even when the narrower body of tort law for secondary actors is consulted, there is still too much variation in the existing precedent to provide the necessary guidance. Instead …

Rules For Patents, Michael J. Burstein

William & Mary Law Review

There is widespread agreement that the patent system in the United States is in need of reform. Most of the proposals for patent reform that have proliferated in recent years share two common assumptions: first, that patent policy is best made through case-bycase adjudication of the validity of individual patents; and, second, that the existing allocation of authority over patent policy, in which the courts are primarily responsible for interpreting and applying the broad language of the Patent Act, ought not to be disturbed. This
Article challenges both assumptions. I approach the problem of patent reform primarily as a problem …

The Landscape Of Collective Management Schemes, Daniel J. Gervais

Vanderbilt Law School Faculty Publications

Collective management comes in many shapes and sizes. There is, however, an interesting definition proposed by WIPO: [T]he term “collective management” only refers to those forms of joint exercise of rights where there are truly “collectivized” aspects (such as tariffs, licensing conditions and distribution rules); where there is an organized community behind it; where the management is carried out on behalf of such a community; and where the organization serves collective objectives beyond merely carrying out the tasks of rights management . . . . In contrast, “rights clearance organizations” are those which perform joint exercise of rights without any …

The Case For A Limited Protection Of Trademark Merchandising, Irene Calboli

Faculty Scholarship

Since its judicial creation in the 1970s, strong controversy has surrounded the practice of trademark merchandising. Trademark scholars have generally opposed merchandising rights because of the departure from the traditional interpretation of trademark law - protecting consumers and market competition-in favor of a direct protection of trademark value. Despite this opposition, courts and Congress have favored the acceptance of this practice by broadening the scope of trademark protection and by introducing the concept of confusion as to the products' "sponsorship" or "affiliation" as part of the standard for trademark infringement. Not surprisingly, trademark scholars have criticized these developments but have …

Protection For Informational Works After Feist Publications, Inc. V. Rural Telephone Service Co., Miriam Bitton

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Moral Rights And Supernatural Fiction: Authorial Dignity And The New Moral Rights Agendas, Jacqueline D. Lipton Ph.D.

Fordham Intellectual Property, Media and Entertainment Law Journal

In recent years, several scholars have revisited the question of moral rights protections for creators of copyright works in the United States. Their scholarship has focused on defining a moral rights agenda that comports with American constitutional values, as well as being practically suited to current copyright business practices. Much of this scholarship has prioritized a right of attribution over other moral rights, such as the right of integrity. This Article evaluates some of these recent moral rights models in light of a sample of comments made by American supernatural fiction authors about their works. The Author questions whether the …

Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Technical Knockout: How Mixed Martial Arts Will Change Copyright Enforcement On The Web, Keith Black

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Not That There’S Anything Wrong With That: Imputations Of Homosexuality And The Normative Structure Of Defamation Law, Matthew D. Bunker *, Drew E. Shenkman **, Charles D. Tobin ***

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Court Of Appeals For The Federal Circuit: Has It Fulfilled Congressional Expectations?, George C. Beighley Jr.

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article suggests that the creation of the Court of Appeals for the Federal Circuit was a successful experiment that proves a change in the legal philosophy behind the jurisdiction for federal appellate courts from exclusively general regional jurisdiction to a more specific national subject matter jurisdiction can be successful. This Article provides a historical analysis of how the Federal Circuit was created by presenting interviews from those involved in its creation. The Article then examines the legislative intent behind the creation of the Federal Circuit by looking at the congressional history and interviewing those who testified before Congress. Finally, …

The Crimes Of Fashion: The Effects Of Trademark And Copyright Infringement In The Fashion Industry, Carolyn Marcelo

Senior Honors Theses

Counterfeits of designer merchandise continue to be made and sold throughout the world causing drastic social and economic outcomes everywhere.  Despite the illegality of manufacturing and distributing counterfeit goods, this business has far-reaching effects that society is not generally aware of.  The evils of counterfeiting luxury goods include forced child labor, drug trafficking, and international terrorism as well as loss of billions of dollars in revenue to legitimate businesses and governments.  The ancient Latin phrase “Caveat emptor” “Let the buyer beware” is still relevant today.  Being made aware and being warned, society may be motivated to shut down this illicit …

Patent Marking Estoppel And The Patent Licensee, Scott D. Locke

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Non­–Per Se Treatment Of Buyer Price-Fixing In Intellectual Property Settings, Hillary Greene

Duke Law & Technology Review

The ability of intellectual property owners to earn monopoly rents and the inability of horizontal competitors to price fix legally are two propositions that are often taken as givens. This iBrief challenges the wholesale adoption of either proposition within the context of buyer price-fixing in intellectual property markets. More specifically, it examines antitrust law’s role in protecting patent holders’ rents through its condemnation of otherwise ostensibly efficient buyer price fixing. Using basic economic analysis, this iBrief refines the legal standards applicable at this point of intersection between antitrust and patent law. In particular, the author recommends the limited abandonment of …

Speaking Of Music And The Counterpoint Of Copyright: Addressing Legal Concerns In Making Oral History Available To The Public, Jeremy J. Beck, Libby Van Cleve

Duke Law & Technology Review

Oral history provides society with voices and memories of people and communities experiencing events of the past first-hand. Such history is created through interviews; an interview, however, like any other type of intellectual property—once in a fixed form—is subject to copyright law. In order to make oral history available to the public, it is critically important that individuals generating and acquiring oral history materials clearly understand relevant aspects of copyright law. The varied nature of how one may create, use, and acquire oral history materials can present new, surprising, and sometimes baffling legal scenarios that challenge the experience of even …