Reconceiving The Patent Rocket Docket: An Empirical Study Of Infringement Litigation 1985–2010, 11 J. Marshall Rev. Intell. Prop. L. 58 (2011),
2011
UIC School of Law
Reconceiving The Patent Rocket Docket: An Empirical Study Of Infringement Litigation 1985–2010, 11 J. Marshall Rev. Intell. Prop. L. 58 (2011), Saurabh Vishnubhakat
UIC Review of Intellectual Property Law
This Article presents the first survival model for systematically identifying and comparing United States district courts as patent rocket dockets, and for examining related trends in patent litigation. The conventional wisdom of rocket docket status in a judicial district tends to rely on average case disposition times and the availability of court rules for patent cases, as well as anecdotal information about well-known jurists with experience in patent adjudication. By comparison, this Article approaches rocket dockets through a quantitative investigation of recent historical trends in patent case filings as well as through market concentration analysis at the district court and …
Fifteen Years Of Fame: The Declining Relevance Of Domain Names In The Enduring Conflict Between Trademark And Free Speech Rights, 11 J. Marshall Rev. Intell. Prop. L. 1 (2011),
2011
UIC School of Law
Fifteen Years Of Fame: The Declining Relevance Of Domain Names In The Enduring Conflict Between Trademark And Free Speech Rights, 11 J. Marshall Rev. Intell. Prop. L. 1 (2011), Jude A. Thomas
UIC Review of Intellectual Property Law
Domain name disputes have been the subject of substantial litigation, legislative action, and scholarly debate over the course of the past fifteen years. Much of the debate is the product of disagreement concerning whether trademark rights naturally extend into the domain name space and to what extent those rights are limited by principles of free speech. Gripe sites are paradigmatic examples of this debate. Society’s investment in defining these rights continues to grow, even as the relevance of domain names may be declining, due to: (1) changes in the way users locate content on the Internet; (2) the growth of …
Golan V. Holder: Copyright In The Image Of The First Amendment, 11 J. Marshall Rev. Intell. Prop. L. 83 (2011),
2011
UIC School of Law
Golan V. Holder: Copyright In The Image Of The First Amendment, 11 J. Marshall Rev. Intell. Prop. L. 83 (2011), David L. Lange, Risa J. Weaver, Shiveh Roxana Reed
UIC Review of Intellectual Property Law
Does copyright violate the First Amendment? Professor Melville Nimmer asked this question forty years ago, and then answered it by concluding that copyright itself is affirmatively speech protective. Despite ample reason to doubt Nimmer’s response, the Supreme Court has avoided an independent, thoughtful, plenary review of the question. Copyright has come to enjoy an all-but-categorical immunity to First Amendment constraints. Now, however, the Court faces a new challenge to its back-of-the-hand treatment of this vital conflict. In Golan v. Holder the Tenth Circuit considered legislation (enacted pursuant to the Berne Convention and TRIPS) “restoring” copyright protection to millions of foreign …
Rights Versus Commerce: Balancing Online Trademark Policing With The Emerging Marketplace, 11 J. Marshall Rev. Intell. Prop. L. 217 (2011),
2011
UIC School of Law
Rights Versus Commerce: Balancing Online Trademark Policing With The Emerging Marketplace, 11 J. Marshall Rev. Intell. Prop. L. 217 (2011), Jessica L. Hilliard
UIC Review of Intellectual Property Law
In 2008, jeweler Tiffany & Co. (“Tiffany”) commenced an action against eBay after discovering that a significant amount of counterfeit Tiffany jewelry was being sold on the online auction house. Tiffany had previously used eBay’s Verified Rights Owner program to report the infringement and pursued enforcement actions against individual sellers. Nevertheless, Tiffany sued eBay for various causes of action, including contributory trademark infringement. The Second Circuit held that online service providers like eBay are not liable for contributory trademark infringement unless they have specific knowledge of particular instances of infringement. Due to the ruling, Tiffany bears the burden for policing …
Trademarks, Identity, And Justice, 11 J. Marshall Rev. Intell. Prop. L. 133 (2011),
2011
UIC School of Law
Trademarks, Identity, And Justice, 11 J. Marshall Rev. Intell. Prop. L. 133 (2011), Rita Heimes
UIC Review of Intellectual Property Law
Intellectual property scholars have written extensively against expanding the scope of intellectual property laws, using social justice and distributive justice principles to support their arguments. A typical argument attacks broad adoption and enforcement of copyright laws that prevent access to information and therefore knowledge, or broad patent protection that reduces access to medicines and other important technologies. In recent years, a few scholars have begun to suggest that certain areas of intellectual property law—primarily copyright—may play a positive role in social justice. These arguments are founded on views of social and distributive justice that consider personal empowerment and freedom to …
The Need For Originality: Music Infringement In India, 11 J. Marshall Rev. Intell. Prop. L. 169 (2011),
2011
UIC School of Law
The Need For Originality: Music Infringement In India, 11 J. Marshall Rev. Intell. Prop. L. 169 (2011), Harini Ganesh
UIC Review of Intellectual Property Law
For decades, the Indian film industry has copied tunes from Western copyrighted works and created unauthorized derivatives. As the music and motion picture industries in the United States started taking notice of this copyright infringement, so too did Indian music directors as domestic infringers profited from copying. Despite the existence of an enacted copyright statute in India, and the nation’s membership with various international intellectual property treaties and conventions, enforcement continues to be poor. This lack of protection allows high-profile music directors in the Indian film industry to get away with copyright infringement. This comment proposes that India must improve …
Patent Law In The Antitrust Scope: Between Social Advancement And Competition Impingement, 11 J. Marshall Rev. Intell. Prop. L. 367 (2011),
2011
UIC School of Law
Patent Law In The Antitrust Scope: Between Social Advancement And Competition Impingement, 11 J. Marshall Rev. Intell. Prop. L. 367 (2011), Yaniv Gal
UIC Review of Intellectual Property Law
In the past couple of decades, many scholars have debated the worthiness of the limited monopoly that patent law provides. The widespread attitude has always been, since the progress of the technological era, that in order to stimulate inventors and possessors of knowledge to embody their knowledge by innovative products, and produce ameliorations into society, they should be given strong proprietary rights over their innovative information and ideas. With the rise of the economic analysis of law, dissident opinions have been starting to emerge, evoking the social damage absorbed due to the current patent system monopoly character in form of …
Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, 11 J. Marshall Rev. Intell. Prop. L. 240 (2011),
2011
UIC School of Law
Paying It Forward: The Case For A Specific Statutory Limitation On Exclusive Rights For User-Generated Content Under Copyright Law, 11 J. Marshall Rev. Intell. Prop. L. 240 (2011), Warren B. Chik
UIC Review of Intellectual Property Law
This article examines user-generated content (“UGC”) and the significance of re-inventions in the context of an increasingly user-centric internet environment and an information sharing society. It will explain the need to provide a statutory limitation in the form of an exception or exemption for socially beneficial UGC on the exclusive rights under copyright law. This will also have the effect of protecting the internet intermediary that hosts and shares UGC. Nascent but abortive attempts have been made by Canada to introduce just such a provision into her copyright legislation, while some principles and rules have also emerged from various interest …
Honey Get My Gun, The Transgenic Seeds Are In The Field Again, 11 J. Marshall Rev. Intell. Prop. L. 439 (2011),
2011
UIC School of Law
Honey Get My Gun, The Transgenic Seeds Are In The Field Again, 11 J. Marshall Rev. Intell. Prop. L. 439 (2011), Christian B. Miller
UIC Review of Intellectual Property Law
The proliferation of genetically modified (“GM”) crops in the United States has dramatically increased in the past two decades. This increase has led to fears of dwindling biodiversity in this country’s staple crops. Consumer health and environmental advocates have attempted to slow the deregulation of such crops through administrative challenges. Such tactics were largely undermined in the 2010 Supreme Court case of Monsanto Co. v. Geertson. Anti-GM groups have subsequently attempted to invalidate patents for GM crops on moral grounds. This comment explores the futility of administrative and moral challenges to GM crop proliferation, and looks ahead to the proper …
Foreword, 10 J. Marshall Rev. Intell. Prop. L. 278 (2011),
2011
UIC School of Law
Foreword, 10 J. Marshall Rev. Intell. Prop. L. 278 (2011), Meredith Martin Addy
UIC Review of Intellectual Property Law
No abstract provided.
Comments On Paul R. Michel's Contributions To Justice, 10 J. Marshall Rev. Intell. Prop. L. 279 (2011),
2011
UIC School of Law
Comments On Paul R. Michel's Contributions To Justice, 10 J. Marshall Rev. Intell. Prop. L. 279 (2011), James F. Holderman
UIC Review of Intellectual Property Law
No abstract provided.
Paul Michel: A Patriot And A Mentor, 10 J. Marshall Rev. Intell. Prop. L. 282 (2011),
2011
UIC School of Law
Paul Michel: A Patriot And A Mentor, 10 J. Marshall Rev. Intell. Prop. L. 282 (2011), Matthew J. Dowd
UIC Review of Intellectual Property Law
No abstract provided.
The Paul Michel You Never Knew, 10 J. Marshall Rev. Intell. Prop. L. 286 (2011),
2011
UIC School of Law
The Paul Michel You Never Knew, 10 J. Marshall Rev. Intell. Prop. L. 286 (2011), Lindsay Androski Kelly
UIC Review of Intellectual Property Law
No abstract provided.
Clarifying The Doctrine Of Inequitable Conduct, 10 J. Marshall Rev. Intell. Prop. L. 290 (2011),
2011
UIC School of Law
Clarifying The Doctrine Of Inequitable Conduct, 10 J. Marshall Rev. Intell. Prop. L. 290 (2011), Elizabeth I. Winston
UIC Review of Intellectual Property Law
No abstract provided.
Chief Judge Michel's Current And Future Contributions To Improving U.S. Intellectual Property Rights, 10 J. Marshall Rev. Intell. Prop. L. 299 (2011),
2011
UIC School of Law
Chief Judge Michel's Current And Future Contributions To Improving U.S. Intellectual Property Rights, 10 J. Marshall Rev. Intell. Prop. L. 299 (2011), Herbert C. Wamsley
UIC Review of Intellectual Property Law
No abstract provided.
In His Own Words: The Career Of Chief Judge Paul Michel, 10 J. Marshall Rev. Intell. Prop. L. 301 (2011),
2011
UIC School of Law
In His Own Words: The Career Of Chief Judge Paul Michel, 10 J. Marshall Rev. Intell. Prop. L. 301 (2011), Gene Quinn
UIC Review of Intellectual Property Law
No abstract provided.
Ip Legal Ethics In The Everyday Practice Of Law: An Empirical Perspective On Patent Litigators, 10 J. Marshall Rev. Intell. Prop. L. 309 (2011),
2011
UIC School of Law
Ip Legal Ethics In The Everyday Practice Of Law: An Empirical Perspective On Patent Litigators, 10 J. Marshall Rev. Intell. Prop. L. 309 (2011), William T. Gallagher
UIC Review of Intellectual Property Law
This article presents preliminary findings from a qualitative empirical study of patent litigators. Part of a larger and ongoing project studying intellectual property lawyers in patent, trademark, and copyright enforcement and litigation actions, this article focuses on ethical decision-making by patent litigators in the pretrial discovery process. The article is based on data from in-depth, semi-structured interviews with fifty-five patent litigators and from a detailed case study of the infamous Qualcomm patent sanctions case. The article critically examines how patent litigators perceive of and respond to ethical issues that arise in the discovery process. It also analyzes the structural and …
Ethical Issues In U.S. Trademark Prosecution And Ttab Practice, 10 J. Marshall Rev. Intell. Prop. L. 365 (2011),
2011
UIC School of Law
Ethical Issues In U.S. Trademark Prosecution And Ttab Practice, 10 J. Marshall Rev. Intell. Prop. L. 365 (2011), Linda K. Mcleod, Stephanie H. Bald
UIC Review of Intellectual Property Law
The conduct of practitioners and agents before the U.S. Patent and Trademark Office (“USPTO” or “Office”) is subject to regulation by the Office under 35 U.S.C. § 2(b)(2)(D). This provision grants the Under Secretary of Commerce for Intellectual Property and the Director of the USPTO the authority to establish regulations to govern the conduct of agents, attorneys, or other representatives before the Office, including establishing disciplinary measures for non-compliance with those regulations. The USPTO regulations governing conduct include the Patent and Trademark Office Code of Professional Responsibility. This article summarizes the key canons and disciplinary rules applicable to trademark practitioners …
International Arbitration Of Patent Disputes, 10 J. Marshall Rev. Intell. Prop. L. 384 (2011),
2011
UIC School of Law
International Arbitration Of Patent Disputes, 10 J. Marshall Rev. Intell. Prop. L. 384 (2011), Wei-Hua Wu
UIC Review of Intellectual Property Law
This paper discusses the concept of using international arbitration as a method of resolving patent disputes. First, this paper examines the arbitrability of patent validity disputes from a public policy viewpoint. The question is whether, or to what extent, the subject matter of patent validity disputes may be settled by international commercial arbitration. Second, this paper provides suggestions on strategies for organizational decision-makers to consider whether it is proper to choose arbitration as a more favorable tool when confronted with a patent dispute. Finally, this paper discusses how to choose the seat of arbitral institution and the applicable law.
Acceptable Fraud? How Falsities And Misstatements Can Escape The Scope Of The New Fraud Standard, 10 J. Marshall Rev. Intell. Prop. L. 410 (2011),
2011
UIC School of Law
Acceptable Fraud? How Falsities And Misstatements Can Escape The Scope Of The New Fraud Standard, 10 J. Marshall Rev. Intell. Prop. L. 410 (2011), Jacobi M. Fields
UIC Review of Intellectual Property Law
Accuracy is crucial to the trademark registration process. Registrants are required to submit truthful applications to the United States Patent and Trademark Office (“PTO”) or face fraud liability. Pursuant to the Lanham Act, fraud liability is initiated by the submission of “false or fraudulent” statements in a trademark application. This language presents a critical problem for registrants because the terms false and fraudulent are not synonymous, and it is unclear what actually triggers fraud liability. As a result, the requirements for fraud liability and the corresponding standards for fraud have been in fluctuation over the past ten years. In 2009, …
