Intellectual Property Law Commons^™

The Class Defense: Why Dispersed Intellectual Property Defendants Need Procedural Protections, Jonathan Reich

Duke Law & Technology Review

The intersection of antitrust and intellectual property circumscribes two century-long debates. The first pertains to questions about how antitrust law and intellectual property law interact, and the second pertains to questions about how parties can exploit property rights, including intellectual property rights, to exclude competitors. This iBrief finesses these questions and turns to practical considerations about how innovation and intellectual property can impinge antitrust enforcement. This iBrief develops two propositions. First, although collaborative research and development has often been and remains unwittingly misunderstood, what is understood about it is consistent with the long- standing observation that antitrust has rarely interfered …

Brief Of Amici Curiae Intellectual Property Law Professors In Support Of Appellant/Cross-Appellee New Life Art, Inc. And Daniel A. Moore And Affirmance In Part, Mark Mckenna, Michael T. Sansbury

Court Briefs

No. 09-16412-AA, 10-10092-A
Board of Trustees of the University of Alabama v. New Life Art

Appeal from the United States District Court for the Northern District of Alabama, Western Division Civil Action No. CV-05-00585

The District Court properly held that New Life Art’s (“New Life”) creative works do not infringe the University of Alabama’s (“the University”) rights in the trade dress of its football uniforms, including the their crimson and white colors. First, New Life’s realistic depiction of the University’s football games is not likely to confuse consumers about the source of New Life’s goods, or as to the University’s …

Rethinking The Concept Of Exclusion In Patent Law, Oskar Liivak

Cornell Law Faculty Publications

Patent law’s broad exclusionary rule is one of its defining features. It is unique within intellectual property as it prohibits acts of independent creation. Even if a second inventor had no connection or aid from an initial inventor, patent law allows the first inventor to stop the second. Even though a number of pressing problems can be traced to this rule, it remains untouchable; it is thought to be essential for incentivizing invention. But is it really our only choice? And why is it so different from our otherwise widespread reliance on free entry and competition in markets? The current …

Supplemental Examinations To Consider, Reconsider, Or Correct Patent-Related Information: A Tangled Web Indeed, Lisa Dolak

College of Law - Faculty Scholarship

A pending legislative proposal would authorize the U.S. Patent and Trademark Office (USPTO) to undertake a “supplemental examination” of an issued patent to “consider, reconsider, or correct information believed to be relevant to the patent.” It would further bar the federal courts from holding a patent unenforceable “on the basis of conduct relating to information” considered during supplemental examination.

The obvious intent of the proposal is to constrain the federal courts’ power to entertain inequitable conduct-based challenges. Its emergence is unsurprising, given the mounting dissatisfaction with the courts’ application of the inequitable conduct doctrine. However, because the bill proposes to …

Using A Cris For E-Infrastructure: E-Infrastructure For Scholarly Publications, E Dijk, M Van Meel

Copyright, Fair Use, Scholarly Communication, etc.

Scholarly publications are a major part of the research infrastructure. One way to make output available is to store the publications in Open Access Repositories (OAR). A Current Research Information System (CRIS) that conforms to the standard CERIF (Common European Research Information Format) could be a key component in the e-infrastructure. A CRIS provides the structure and makes it possible to interoperate the CRIS metadata at every stage of the research cycle. The international DRIVER projects are creating a European repository infrastructure. Knowledge Exchange has launched a project to develop a metadata exchange format for publications between CRIS and OAR …

Cris And Institutional Repositories, A Asserson, K Jeffery

Copyright, Fair Use, Scholarly Communication, etc.

CRIS (Current Research Information Systems) provide researchers, research managers, innovators, and others with a view over the research activity of a domain. IRs (institutional repositories) provide a mechanism for an organisation to showcase through OA (open access) its intellectual property. Increasingly, organizations are mandating that their employed researchers deposit peer-reviewed published material in the IR. Research funders are increasingly mandating that publications be deposited in an open access repository: some mandate a central (or subject-based) repository, some an IR. In parallel, publishers are offering OA but replacing subscription-based access with author (or author institution) payment for publishing. However, many OA …

Ipq; Summer 2010

IPQ; the Maryland IP Law Quarterly

No abstract provided.

The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer

Marquette Intellectual Property Law Review

Intellectual property policy requires balance between the goal of motivating innovation and the need to prevent that motivation from stifling further innovation. The constitutional grant of congressional power to motivate innovation by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries is qualified by the requirement that congressional enactments under the Intellectual Property Clause promote progress. The Supreme Court has already recognized a time-shifting exception to the intellectual property rights of innovators and lower courts have recognized a place-shifting exception. It is now the time and place for a general technology-shifting exception …

Google Analytics: Analyzing The Latest Wave Of Legal Concerns For Google In The U.S. And The E.U., Raizel Liebler, Keidra Chaney

Buffalo Intellectual Property Law Journal

No abstract provided.

Increasing Revenue In Developing Nations Through Intellectual Property Rights: Why A Diversified Approach To Intellectual Property Protection With A Focus On Geographical Indications Is The Best Method, Philip Matthews

Buffalo Intellectual Property Law Journal

No abstract provided.

Possessing Trademarks: Can Blackstone Or Locke Apply To Fast Food, Grocery Stores, And Virtual Sex Toys?, Jesse R. Dill

Marquette Intellectual Property Law Review

Trademark law has evolved extensively over time and is justified today for different reasons than when American law first recognized it. Scholars today question whether trademarks should now be accepted as a form of real property. Two examples of trademark problems in the global economy demonstrate that the time has come for marks to be recognized as property. Whether business entities are entering new territories or consumers are crossing borders to new jurisdictions with greater ease than ever before, trademark must adapt to the demands of modern commercial competitors. This Comment takes the position that these demands require treating trademarks …

Innovation And Recovery, John F. Duffy

Marquette Intellectual Property Law Review

Crisis inevitably brings hope for recovery. The recent past has seen a great economic crisis and a crisis in the patent system. Precisely because crisis reveals the flaws in the old, recovery demands the new; it demands innovation. Economic crisis thus makes recovery in the patent system especially urgent because it reveals the degree to which continuing prosperity depends on society's ability to reorganize itself, to change, to innovate. Towards that end, society should reconsider how our patent system makes judgments about invention. More specifically, Professor Duffy will seek to show through this lecture that the change most necessary for …

What About Know-How: Heightened Obviousness And Lowered Disclosure Is Not A Panacea To The American Patent System For Biotechnology Medication And Pharmaceutical Inventions In The Post-Ksr Era, Yi-Chen Su

Marquette Intellectual Property Law Review

In KSR International Co. v. Teleflex, Inc., the Supreme Court rejected the Federal Circuit's rigid application of the teaching, suggestion, or motivation test (TSM test), and replaced it with an expansive and flexible approach, in determining the question of obviousness. Nevertheless, an expansive and flexible approach to obviousness may not be consistent with the international norms of practice if it is applied literally. The U.S. Patent and Trademark Office's literal application of the decision has essentially created another set of inflexible rules, which is contrary to the Supreme Court's intent. The Federal Circuit's recent decision in In re Kubin cautiously …

Quilt Artists: Left Out In The Cold By The Visual Artists Rights Act Of 1990, Michelle Moran

Marquette Intellectual Property Law Review

The United States Copyright Act with the inclusion of the Visual Artists Rights Act of 1990 (VARA) gives sculptors, painters, and photographers a bundle of rights that include the moral rights of attribution and integrity. However, the artistic efforts of artists who create quilts, whether the original purpose was to hang the quilt on the wall or to provide warmth and comfort on a bed, are not included in VARA due to the exclusion of applied art from VARA. This Comment contends that the Congressional intent to protect the highly personal connection artists have to their creations supports extending the …

Actual Or Hypothetical: Determining The Proper Test For Trademark Licensee Rights In Bankruptcy, Laura D. Steele

Marquette Intellectual Property Law Review

As trademark rights become an increasingly valuable asset in Chapter 11 reorganizations, it is critical for Congress and the courts to clarify how trademarks will be treated in bankruptcy, particularly where the debtor is a trademark licensee. Without clarity, Chapter 11 reorganization may not be a viable option. This Comment urges that trademark licensees should not be stripped of a license simply because the licensee enters bankruptcy. Rather, where a licensee intends only to continue using an existing license under the terms of the existing agreement with the licensor, the licensee's use of that license should be uninterrupted during reorganization. …

An Uncomfortable Fit?: Intellectual Property Policy And The Administrative State, Kali Murray, Sapna Kumar, Jason Mazzone, Hannibal Travis

Marquette Intellectual Property Law Review

The Southeastern Association of Law Schools (SEALS) panel responds to the considerable scholarship on the increasing integration of administrative law into intellectual property policy. The discussion was conducted August 4, 2009, as part of SEALS' day-long Intellectual Property Workshop in West Palm Beach, Florida. Kali Murray moderated the panel, which included Sapna Kumar, Jason Mazzone, Hannibal Travis, and Jasmine Abdel-khalik.

Lessons Learned From Fifteen Years In The Trenches Of Patent Litigation , Rick Mcdermott

Marquette Intellectual Property Law Review

Marquette Law alum and partner with Alston+Bird, LLP, offers insights into patent litigation. In his speech, given March 5, 2010, McDermott examines how patent law developments such as Markman v. Westview Instruments, Cybor Corp. v. FAS Technologies, Inc., and In re Seagate have impacted the practice of patent infringement litigation.

Patent Challenges And Royalty Inflation, Michael Risch

Indiana Law Journal

No abstract provided.

Intellectual Property, Laurence P. Colton, Kerri Hochgesang, Todd Williams, Dana T. Hustins

Mercer Law Review

This Article surveys caselaw developments in the area of intellectual property relevant to the Eleventh Circuit during the 2009 calendar year. Intellectual property law comprises several discrete yet overlapping areas of law. The four primary areas of intellectual property law are patent law, trademark law (including areas such as domain name law and "cybersquatting"), copyright law, and trade secret law. Because patent law and copyright law are provided for in the United States Constitution, cases in these areas are litigated exclusively in federal courts. Trademark law and trade secret law have both federal and state aspects, and the cases in …

Journal Of Intellectual Property Law Editorial Board, 2010-2011, Journal Of Intellectual Property Law

Materials from All Student Organizations

No abstract provided.