The Conditional Sale Doctrine In A Post-Quanta World And Its Implications On Modern Licensing Agreements, 11 J. Marshall Rev. Intell. Prop. L. 295 (2011),
2011
UIC School of Law
The Conditional Sale Doctrine In A Post-Quanta World And Its Implications On Modern Licensing Agreements, 11 J. Marshall Rev. Intell. Prop. L. 295 (2011), William Lafuze, Justin Chen, Lavonne Burke
UIC Review of Intellectual Property Law
The exclusive rights of a patent owner to exclude others from making, using, or selling patented inventions are limited by the doctrine of patent exhaustion. This doctrine, also known as the first sale doctrine, states that upon the first authorized sale of a patented article in the United States, the article is removed from the patent monopoly, thus losing its patent protection. As a result of this first sale, any subsequent use or sale of the patented article is not an infringement of its corresponding patent. The Federal Circuit further established the conditional sale doctrine in Mallinckrodt, Inc. v. Medipart, …
The Throw Down Over Takedowns: An Analysis Of The Lenz Interpretation Of 17 U.S.C. § 512(F), 10 J. Marshall Rev. Intell. Prop. L. 792 (2011),
2011
UIC School of Law
The Throw Down Over Takedowns: An Analysis Of The Lenz Interpretation Of 17 U.S.C. § 512(F), 10 J. Marshall Rev. Intell. Prop. L. 792 (2011), Ian Rubenstrunk
UIC Review of Intellectual Property Law
Recently, a YouTube user and mother of two, Stephanie Lenz, filed a lawsuit against Universal Music Corporation which had the potential for broad impact on the internet. Everyone from politicians, to teachers, to musical artists could have gained more protection of their rights as internet users. With millions of people having access to the internet and YouTube “vloggers” reaching the million mark in subscribers, the court’s interpretation of 17 U.S.C. § 512(f) could have had a significant impact. The issue in the case was what “any damages” meant in a clause creating liability for a party that incorrectly has material …
Right Of Publicity: Is Behavioral Targeting Violating The Right To Control Your Identity Online?, 10 J. Marshall Rev. Intell. Prop. L. 811 (2011),
2011
UIC School of Law
Right Of Publicity: Is Behavioral Targeting Violating The Right To Control Your Identity Online?, 10 J. Marshall Rev. Intell. Prop. L. 811 (2011), Andrea Stein Fuelleman
UIC Review of Intellectual Property Law
Behavioral targeting (“BT”) is an advertising technique that receives a great deal of attention due in part to the balkanized self-regulatory policies that address consumer protection issues. The majority of the self-regulation policies, including the BT principles proposed by the Federal Trade Commission (“FTC”) focus on privacy issues but fail to discuss the impact BT may have on the right to control the commercial use of one’s identity. In discussing the right of publicity, many legal scholars agree that everyone has a right to control the commercial use of his or her identity, regardless of his or her status as …
Protecting The Gates Of Reasonable Royalty: A Damages Framework For Patent Infringement Cases, 11 J. Marshall Rev. Intell. Prop. L. 192 (2011),
2011
UIC School of Law
Protecting The Gates Of Reasonable Royalty: A Damages Framework For Patent Infringement Cases, 11 J. Marshall Rev. Intell. Prop. L. 192 (2011), Merritt J. Hasbrouck
UIC Review of Intellectual Property Law
The reasonable royalty analysis in patent infringement cases remains confusing to juries because of the numerous and arbitrary methods of calculation. The use of confusing methodologies, such as the Georgia-Pacific analysis, the Entire Market Value Rule, and the former 25 percent rule, increase the risk of overcompensating patentees in patent infringement cases. Without suitable changes to the reasonable royalty analysis, damages award amounts will continue to increasingly undermine the incentive for subsequent inventors to create new products. Although the courts have had some success in establishing new methods, Congress should create a more rigid and clear test for use in …
Towards Symmetry In The Law Of Branding,
2011
Fordham Law School
Towards Symmetry In The Law Of Branding, Rebecca Tushnet
Fordham Intellectual Property, Media and Entertainment Law Journal
Companies sometimes want to abandon an old identity and rebrand with a new one. Trademark law probably does not have much to say about rebranding in itself. But we should be careful about how we think about rebranding and other undisclosed source relationships because, if not handled properly, law’s recognition of such techniques could end up reinforcing trademark owners’ ability to deter competition and control free speech.
Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified,
2011
Nova Southeastern University - Shepard Broad Law Center
Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond
Faculty Scholarship
No abstract provided.
"Capital" Punishment: Evaluating An Investor's Secondary Copyright Infringement Liability After Veoh,
2011
University of Washington School of Law
"Capital" Punishment: Evaluating An Investor's Secondary Copyright Infringement Liability After Veoh, James L. Proctor Jr.
Washington Journal of Law, Technology & Arts
In UMG Recordings, Inc. v. Veoh Networks, Inc., the U.S. District Court for the Central District of California considered claims that investors in a privately-held corpor-ation were secondarily liable for copyright infringement. The Veoh court findings, which set out current secondary copy-right infringement law, provide guidance for investors by clarifying their potential liability for copyright infringement committed by the company in which they invested. However, because the decision was fact-specific, this guidance is incomplete. For example, the court found that the investor neither controlled the infringing activities nor reaped direct financial benefit from them. This leaves open for further …
Exportability's Effect On Process Patent Enforcement: Why § 271(F) Export Restrictions Do Not Apply To Intangible Process Claims,
2011
University of Washington School of Law
Exportability's Effect On Process Patent Enforcement: Why § 271(F) Export Restrictions Do Not Apply To Intangible Process Claims, Homer Yang-Hsien Hsu
Washington Journal of Law, Technology & Arts
Congress enacted 35 U.S.C. § 271(f) to broaden U.S. patent protection and prohibit shipping patented devices in smaller components for assembly overseas. Section 271(f) creates an infringement cause of action for sending comp-onents outside the United States for assembly. Whether § 271(f)—which clearly applies to physical things—also applies to process claims has been hotly debated. In Cardiac Pacemakers, Inc. v. St. Jude Med Inc., the United States Court of Appeals for the Federal Circuit held that § 271(f) does not apply to process claims because a compo-nent of a process claim is an intangible step that cannot be physically …
How Much Is Too Much? Copyright Protection Of Short Portions Of Text In The United States And European Union After Infopaq International A/S V. Danske Dagblades,
2011
University of Washington School of Law
How Much Is Too Much? Copyright Protection Of Short Portions Of Text In The United States And European Union After Infopaq International A/S V. Danske Dagblades, Connor Moran
Washington Journal of Law, Technology & Arts
The recent case Infopaq International A/S v. Danske Dagblades Forening decided by the Court of Justice for the European Union could influence businesses that summarize or aggregate content. Under this ruling, excerpts of copy-righted material unproblematic in the United States could invite liability if reproduced in European Union member states. In the United States, copying words or phrases only infringes a copyright where those words or phrases are particularly unique or core to the original work. By contrast, the European Union Information Society Directive provides an exclusive right to even partial reproductions. In the Infopaq case, the European Court of …
A Special Rule For Compound Protection For Dna-Sequences Impact Of The Ecj "Monsanto" Decision On Patent Practice,
2011
University of Washington School of Law
A Special Rule For Compound Protection For Dna-Sequences Impact Of The Ecj "Monsanto" Decision On Patent Practice, Jan B. Krauss, Toshiko Takenaka
Articles
This article will analyze the Monsanto decision, and criticize the European Court of Justice's interpretation of Article 9 as being incomplete, in particular for failing to take account of all articles and recitals in the Biotech Directive relating to the scope of protection. It will argue that applying the concept of a function-limited protection is unnecessary if a claim directed to an isolated DNA sequence is properly interpreted. It will also discuss the possible impact not only on the protection scope but also on the patentability of gene patents.
Cyberspace, Exceptionalism, And Innocent Copyright Infringement,
2011
Vanderbilt University Law School
Cyberspace, Exceptionalism, And Innocent Copyright Infringement, Jacqueline D. Lipton
Vanderbilt Journal of Entertainment & Technology Law
Direct copyright infringement attracts strict liability. However, as a theoretical matter, it is not necessarily clear why. Legislatures and courts have typically imposed strict liability where: (a) a defendant has notice of a plaintiff's rights, particularly where those rights involve a property interest; (b) a mens rea requirement on the part of the defendant would create an untenable burden on the plaintiff; (c) it is easier for the defendant to avoid harming the plaintiff than it is for the plaintiff to avoid the harm; or, (d) it is more administratively or economically efficient for the defendant to bear the risk …
Copyright In Memoriam,
2011
Vanderbilt University Law School
Copyright In Memoriam, Julie C. Young
Vanderbilt Journal of Entertainment & Technology Law
Can a government infringe upon a work dedicated to the memory of its people? The February 2010 Federal Circuit decision "Gaylord v. United States" addresses that question, but any satisfaction from the decision presupposes that the government should be held liable for such an infringement. Consistent with the 1976 Copyright Act, the Gaylord decision preserves the author's rights, paying no regard to the identity of the audience or the infringer. From a policy perspective, however, the result is dubious. Arguably, if a work is a public memorial, and paid for with public funds, it should immediately enter the public domain. …
Acta's State Of Play: Looking Beyond Transparency,
2011
American University Washington College of Law
Acta's State Of Play: Looking Beyond Transparency, Michael Geist
American University International Law Review
No abstract provided.
Acta - Risks Of Third-Party Enforcement For Access To Medinces,
2011
American University Washington College of Law
Acta - Risks Of Third-Party Enforcement For Access To Medinces, Brook K. Baker
American University International Law Review
No abstract provided.
Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People ,
2011
American University Washington College of Law
Collateral Damage: The Impact Of Acta And The Enforcement Agenda On The World's Poorest People , Andrew Rens
American University International Law Review
No abstract provided.
Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy ,
2011
American University Washington College of Law
Enforcing Intellectual Property Rights By Diminishing Privacy: How The Anti-Counterfeiting Trade Agreement Jeopardizes The Right To Privacy , Alberto J. Cerda Silva
American University International Law Review
No abstract provided.
A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit ,
2011
American University Washington College of Law
A Trade Agreement Creating Barriers To International Trade?: Acta Border Measures And Goods In Transit , Henning Grosse Ruse - Khan
American University International Law Review
No abstract provided.
Acta As A New Kind Of International Ip Lawmaking,
2011
American University Washington College of Law
Acta As A New Kind Of International Ip Lawmaking, Kimberlee Weatherall
American University International Law Review
No abstract provided.
Gender And Invention: Mapping The Connections,
2011
American University Washington College of Law
Gender And Invention: Mapping The Connections, Victoria Phillips
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie,
2011
American University Washington College of Law
Examining Exclusion In Woman-Inventor Patenting: A Comparison Of Educational Trends And Patent Data In The Era Of Computer Engineer Barbie, Annette I. Kahler
American University Journal of Gender, Social Policy & the Law
No abstract provided.
