Patent Office As Biosecurity Gatekeeper: Fostering Responsible Science And Building Public Trust In Diy Science, 10 J. Marshall Rev. Intell. Prop. L. 423 (2011),
2011
UIC School of Law
Patent Office As Biosecurity Gatekeeper: Fostering Responsible Science And Building Public Trust In Diy Science, 10 J. Marshall Rev. Intell. Prop. L. 423 (2011), Brian J. Gorman
UIC Review of Intellectual Property Law
When the fields of intellectual property law and biotechnology intersect, most analysis is driven byeconomic and ethical issues. This article examines these factors, but in relation to the emerging security threat posed by biohackers, or do-it-yourself (“DIY”) scientists, who operate free from oversight and industry norms at the fringes of the biotechnology community. Public health risks are poised to grow as these citizen-scientists race for lucrative discoveries in the new frontier of syntheticbiology. This article proposes that the existing paradigm adjust accordingly to leverage regulatory compliance from the most ambitious biohackers looking to benefit from patent protection. The U.S. government …
Do You Mind My Smoking? Plain Packaging Of Cigarettes Under The Trips Agreement, 10 J. Marshall Rev. Intell. Prop. L. 450 (2011),
2011
UIC School of Law
Do You Mind My Smoking? Plain Packaging Of Cigarettes Under The Trips Agreement, 10 J. Marshall Rev. Intell. Prop. L. 450 (2011), Alberto Alemanno, Enrico Bonadio
UIC Review of Intellectual Property Law
Plain packaging, a new tobacco control tool that a growing number of countries are considering, mandates the removal of all attractive and promotional aspects of tobacco product packages. As a result of plain packaging, the only authorized feature remaining on a tobacco package is the use of the brand name, displayed in a standard font, size, colour and location on the package. In opposing this new strategy, the tobacco industry is particularly keen on emphasizing the uselessness of plain packaging in reducing smoking rates and its incompatibility with trade mark provisions of international treaties. In particular, the tobacco industry and …
The Application Of Data Access Policies Designed For Genome-Wide Association Studies To Smaller Scale Databases, 10 J. Marshall Rev. Intell. Prop. L. 476 (2011),
2011
UIC School of Law
The Application Of Data Access Policies Designed For Genome-Wide Association Studies To Smaller Scale Databases, 10 J. Marshall Rev. Intell. Prop. L. 476 (2011), Donna M. Gitter
UIC Review of Intellectual Property Law
Scientific progress thrives with open discussion of new ideas and supporting data. To this end, researchers traditionally publish their results in scientific papers—papers that contain the new ideas and the underlying data supporting those ideas. With the advent of large-scale and high-throughput data analysis, however, the creation of scientific databases have replaced the traditional model. For such publically-funded, data-intensive projects, funding agencies typically require that all relevant data be made available on a publicly accessible website at the time of the paper’s publication. Against the backdrop of the public accessibility model used in the 1000 Genomes Project, the author recommends …
Interpreting Myriad: Acquiring Patent Law's Meaning Through Contemporary Jurisprudence And Humanistic Viewpoint Of Common Heritage Of Dna, 10 J. Marshall Rev. Intell. Prop. L. 508 (2011),
2011
UIC School of Law
Interpreting Myriad: Acquiring Patent Law's Meaning Through Contemporary Jurisprudence And Humanistic Viewpoint Of Common Heritage Of Dna, 10 J. Marshall Rev. Intell. Prop. L. 508 (2011), Saby Ghoshray
UIC Review of Intellectual Property Law
Until Judge Sweet’s decision in Association for Molecular Pathology v. U.S. Patent & Trademark Office (Myriad), gene patentability in the United States has evaded prohibition for more than three decades since Diamond v. Chakrabarty. The Myriad decision has captured the imagination of the legal community—but not in isolation. This article examines Myriad through the lens of two contemporary European decisions related to gene patenting, Eli Lilly & Co. v Human Genome Sciences, Inc and Monsanto Technology LLC v. Cefetra BV, suggesting that Myriad is a narrative that evolves at the intersection of law’s aspiration, humanity’s common heritage, and corporate realities …
Biotech Patent Infringement In Europe: The "Functionality" Gatekeeper, 10 J. Marshall Rev. Intell. Prop. L. 540 (2011),
2011
UIC School of Law
Biotech Patent Infringement In Europe: The "Functionality" Gatekeeper, 10 J. Marshall Rev. Intell. Prop. L. 540 (2011), Vid Mohan-Ram, Richard Peet, Philippe Vlaemminck
UIC Review of Intellectual Property Law
The Court of Justice of the European Union recently concluded in Monsanto Technology LLC v. Cefetra BV that a patent with claims drawn to isolated DNA, or transgenic products containing that sequence, cannot be infringed if the DNA is not functional at the time of the alleged infringement.This paper discusses how the Cefetra judgment may unintentionally inflict serious economic harm on the European biotechnology industry because countless biotechnology products may no longer be protected by what are otherwise valid and enforceable patent claims. After Cefetra, an accused infringer may deny infringement by simply asserting that the patented sequence does not …
Trademark Protection Of Live Animals: The Bleat Goes On, 10 J. Marshall Rev. Intell. Prop. L. 715 (2011),
2011
UIC School of Law
Trademark Protection Of Live Animals: The Bleat Goes On, 10 J. Marshall Rev. Intell. Prop. L. 715 (2011), Lee B. Burgunder
UIC Review of Intellectual Property Law
The Wall Street Journal recently reported that the owner of a Swedish restaurant was suing other businesses for violating its registered trademark, which surprisingly consists of live goats on a grass roof. The PTO and the courts have steadily enlarged the set of trade dress features that might serve as trademarks, and there is no reason, in theory, to treat live animals differently. Nevertheless, the PTO likely made a mistake in this instance when it agreed to register the mark. This article evaluates the requirements for protecting trade dress with trademarks, and explains why a Swedish restaurant should not have …
Recognition And Presentation Of A “New Result” To Reach A Safe Harbor, 10 J. Marshall Rev. Intell. Prop. L. 583 (2011),
2011
UIC School of Law
Recognition And Presentation Of A “New Result” To Reach A Safe Harbor, 10 J. Marshall Rev. Intell. Prop. L. 583 (2011), Hal Milton
UIC Review of Intellectual Property Law
A safe harbor where a patent has the best chance of survival in a litigation storm is only established by dividing the preparation of a patent application into two separate categories: the recognition of the new result and the presentation of the new result throughout the patent application. The two famous cases of Great Atlantic and Pacific Tea Co. v. Supermarket Equipment Corp. and Graham v. John Deere Co. illustrate how the implementation of recognition and presentation might have prevented litigation or saved the patents.
Notice That Registered Trademark In The Window?, 10 J. Marshall Rev. Intell. Prop. L. 736 (2011),
2011
UIC School of Law
Notice That Registered Trademark In The Window?, 10 J. Marshall Rev. Intell. Prop. L. 736 (2011), James Juo
UIC Review of Intellectual Property Law
The letter R enclosed in a circle (i.e., the “®” symbol) is a well-known form of statutory notice for a trademark registered with the United States Patent and Trademark Office. This helps ensure that the public will identify a mark as a source identifier rather than as a generic term for a product or service. Although not mandatory, failure to display the registration symbol or another form of statutory notice with a registered trademark may limit the monetary remedies recoverable in a lawsuit for infringement of that registered mark under the Lanham Act. Absent statutory notice, damages for infringements and …
University Initiation Of Patent Infringement Litigation, 10 J. Marshall Rev. Intell. Prop. L. 623 (2011),
2011
UIC School of Law
University Initiation Of Patent Infringement Litigation, 10 J. Marshall Rev. Intell. Prop. L. 623 (2011), Jacob H. Rooksby
UIC Review of Intellectual Property Law
While the literature examining university engagement in patenting and technology transfer is quite developed, commentators largely have overlooked university involvement in patent litigation. This article focuses on one aspect of that involvement—initiation of patent infringement litigation—by providing a quantitative and textual analysis of patent infringement actions initiated by universities from 2009 through 2010. Suing for-profit actors for money may seem antithetical to the mission of not-for-profit universities, but in fact universities filed over fifty such cases in the studied time period. Examination of these cases reveals a remarkable similarity between the litigation behavior of universities and for-profit actors, as well …
You Don’T Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, 10 J. Marshall Rev. Intell. Prop. L. 695 (2011),
2011
UIC School of Law
You Don’T Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, 10 J. Marshall Rev. Intell. Prop. L. 695 (2011), William Henslee, Elizabeth Henslee
UIC Review of Intellectual Property Law
Many recording artists and songwriters never reap the rewards of their work. America’s first professional songwriter died in poverty at the age of thirty-seven. At the Congressional level the situation has described recording artists as “one group of creators who get ripped off more than anybody else in any other industry”. As we approach 2013, there will be a new line of cases that deal with authors of sound recordings attempting to terminate their copyright assignment to the record companies. While the most efficient and frugal solution would be legislative action, the most probable outcome is expensive, fact-intensive litigation. Congress …
The Utilitarian Fruits Approach To Justifying Patentable Subject Matter, 10 J. Marshall Rev. Intell. Prop. L. 753 (2011),
2011
UIC School of Law
The Utilitarian Fruits Approach To Justifying Patentable Subject Matter, 10 J. Marshall Rev. Intell. Prop. L. 753 (2011), Emir Aly Crowne
UIC Review of Intellectual Property Law
This article proposes an approach to justifying patentable subject matter that uses Locke as its starting point, and utilitarianism as its end. The patent eligibility of any given subject matter must be a mixture of labour and certain utilitarian incentives. If these elements are present—and if the subject matter in question can be made to fit within the definition of invention (even if slightly uncomfortably)—then courts and tribunals should aim to accommodate it.
Twitter's Trademark Problems: Is The Anticybersquatting Consumer Protection Act Outdated?, 10 J. Marshall Rev. Intell. Prop. L. 764 (2011),
2011
UIC School of Law
Twitter's Trademark Problems: Is The Anticybersquatting Consumer Protection Act Outdated?, 10 J. Marshall Rev. Intell. Prop. L. 764 (2011), Cole C. Hardy
UIC Review of Intellectual Property Law
Under the Lanham Act there is no remedy for individuals when imposters register user names with corresponding post-domain paths containing protected trademarks on social network websites. While Twitter temporarily experimented with its own verification process, it currently does not help users of its site distinguish trademark owners’ pages from the imposters’ pages. Current law discouraging such activity only applies to domain names. This article proposes that with a minor change to the ACPA, the Lanham Act could be updated to help trademark owners protect their rights when infringing activity is experienced with social networking handles and the corresponding post-domain paths.
The Federal Circuit's Decision In Myriad: Isolated Dna Molecules Are Patentable Subject Matter,
2011
American University Washington College of Law
The Federal Circuit's Decision In Myriad: Isolated Dna Molecules Are Patentable Subject Matter, Seth R. Ogden
American University Law Review
No abstract provided.
Geographical Indications: The International Debate Over Intellectual Property Rights For Local Producers,
2011
University of Colorado Law School
Geographical Indications: The International Debate Over Intellectual Property Rights For Local Producers, Emily Nation
University of Colorado Law Review
Geographical indications are a type of intellectual property right. GIs exist where a product is named after its geographical origin and where the product has certain qualities attributable to its geography. Examples of GIs include Parmigiano- Reggiano cheese, Champagne, and Florida oranges. Governmental regulation of GIs protects producers' hardearned reputations from free-riding and reassures consumers that a product's origin is accurately represented. This Comment will explain how GIs are currently protected under international law as well as under domestic laws in the United States and the European Union. It will also discuss the international debate over the proper level of …
Playing Telephone: The Federal Circuit Misinterprets Precedent By Ignoring Context In Sky Technologies, Llc V. Sap Ag,
2011
University of Oklahoma College of Law
Playing Telephone: The Federal Circuit Misinterprets Precedent By Ignoring Context In Sky Technologies, Llc V. Sap Ag, Christopher M. Crouch
Oklahoma Law Review
No abstract provided.
Discovery In The Paperless World: How Speed And Ease Of Technology Has Slowed And Complicated The Process,
2011
Southern Methodist University
Discovery In The Paperless World: How Speed And Ease Of Technology Has Slowed And Complicated The Process, John Prudhomme
SMU Science and Technology Law Review
No abstract provided.
Keynote Panel: What In The Heck Is Going On,
2011
Southern Methodist University
Keynote Panel: What In The Heck Is Going On, Richard Hilleman, Evan Hirsch, Joseph Olin, Randy Pitchford
SMU Science and Technology Law Review
No abstract provided.
Privacy: Problems And Solutions,
2011
Southern Methodist University
Privacy: Problems And Solutions, Jennifer Archie, Andrew S. Ehmke, Joshua Fairfield, Berin Szoka
SMU Science and Technology Law Review
No abstract provided.
The Effect Of Court Rulings On Business Development,
2011
Southern Methodist University
The Effect Of Court Rulings On Business Development, Christopher Ferguson, Holt Foster, Sean F. Kane, Shane Mcgee
SMU Science and Technology Law Review
No abstract provided.
Digital Distribution: Is It Really Finally Here,
2011
Southern Methodist University
Digital Distribution: Is It Really Finally Here, Robert Brown, Shawn Freeman, Michael Klotz, Steve Nix, Tom Paquin
SMU Science and Technology Law Review
No abstract provided.
