Intellectual Property Law | Open Access Articles

A Patent Panacea? The Promise Of Corbinized Claim Construction, Jonathan L. Moore

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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Past, Present, And Future In The Life Of The U.S. Court Of Appeals For The Federal Circuit, Paul R. Michel

American University Law Review

No abstract provided.

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The Upside Of Intellectual Property's Downside, Christopher A. Cotropia, James Gibson

Law Faculty Publications

Intellectual property law exists because exclusive private rights provide an incentive to innovate. This is the traditional upside of intellectual property: the production of valuable information goods that society would otherwise never see. In turn, too much intellectual property protection is typically viewed as counterproductive, as too much control in the hands of private rightsholders creates more artificial scarcity and imposes more costs on future innovators than the incentive effect warrants. This is the traditional downside of intellectual property: reduced production and impeded innovation. This Article turns the traditional discussion on its head and shows that intellectual property’s putative costs …

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Particularizing Patent Pleading: Pleading Patent Infringement In A Post-Twombly World, Jonathan L. Moore

Law Student Publications

The Supreme Court's recent jurisprudence has reinvigorated the role of pleading in civil litigation. As a result, in order to survive a motion to dismiss, plaintiffs must now include more detailed allegations that demonstrate a plausible entitlement to relief. This article examines how these changes interact with the pleading requirements for patent infringement litigation. In recent years, the number of patent infringement lawsuits has increased dramatically, in part because of lax notice pleading requirements. This patent litigation explosion imposes exorbitant costs on defendants and has a detrimental effect on innovation. As courts begin to apply the new plausibility pleading regime, …

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Does Ip Need Ip? Accommodating Intellectual Production Outside The Intellectual Property Paradigm, Rochelle Cooper Dreyfuss

Cardozo Law Review

No abstract provided.

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Getting To Best Practices - A Personal Voyage Around Fair Use, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

These days, I view fair use as a central feature of the law around our information ecology - its presence reminding us, from day to day, that there is more to copyright than maximization, and that innovation happens when the doctrinal settings are loose enough to permit a good deal of "play" (literally and figuratively) in the system. But before the mid-1990s I thought little about the fair use doctrine and did less. As I suspect may be true of other copyright lawyers of my generation (and the ones preceding it, I spent most of my professional career taking fair …

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Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow

Cardozo Law Review

Courts have created a burden of proof in copyright that chills protected speech. The doctrine of fair use purports to ensure that copyright law does not trample rights of speakers whose expression employs copyrighted material. Yet those speakers face a burden of proof that weighs heavily in the fair use analysis, where factual inquiries are often subjective and speculative. Failure to satisfy the burden means severe penalties, which prospect quickly chills the free exercise of speech that constitutes a fair use. The fair-use burden of proof is repugnant to the fair use purpose. Today, copyright holders are exploiting the burden …

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Intellectual Propriety: Compulsory Licenses Through The Trips Agreement And The Doha Declaration On Public Health, Samuel Mintzer Fuchs

Independent Study Project (ISP) Collection

The Agreement on Trade Related Aspects of Intellectual Property (TRIPS), part of the Uruguay Round of trade negotiations led to the creation of the World Trade Organization (WTO) in 1995, has led to a variety of interpretations and opinions. Though its application goes beyond matters of public health, it is this area that has come under the most scrutiny in the last fifteen years as the gaps between developed and developing countries have widened and exposed the health disparities between the two groups. Tensions over intellectual property and access to newly developed medicines to treat diseases such as HIV and …

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The Future Of Books Related To The Law?, Eugene Volokh

Michigan Law Review

People have been reading books for over 500 years, in more or less the same format. Book technology has changed in some measure during that time. Fonts have become more readable. Books have become more affordable. Still, the general form of the book has remained much the same. But the arrival of e-readers, such as the Kindle and the Sony eBook, offers the possibility of a major change. First, people may shift to reading existing books on those e-readers. Second, the shift may lead them to change the way they use books, for instance by letting people have many reference …

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Briefing Cases: Session On Copyright Law, Lynn Mclain

All Faculty Scholarship

This handout contains the decision from Walt Disney Productions v. Air Pirates, 581 F.2d 751 (1978), suggested elements for how to brief a case in general, and an example brief for the Air Pirates case.

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