Intellectual Property Perspectives: Spring 2010,
2010
George Washington University
Intellectual Property Perspectives: Spring 2010, Ip Law Program
Intellectual Property Perspectives
No abstract provided.
2009 Trademark Law Decisions Of The Federal Circuit,
2010
American University Washington College of Law
2009 Trademark Law Decisions Of The Federal Circuit, Rebeccah Gan
American University Law Review
No abstract provided.
Getting To Best Practices - A Personal Voyage Around Fair Use,
2010
American University Washington College of Law
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 …
Meanwhile On The Other Side Of The Pond: Why Biopharmaceutical Inventions That Were "Obvious To Try" Still Might Be Non-Obvious --Part 1,
2010
Chicago-Kent College of Law
Meanwhile On The Other Side Of The Pond: Why Biopharmaceutical Inventions That Were "Obvious To Try" Still Might Be Non-Obvious --Part 1, Timo Minssen
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Vol. Ix, Tab 45 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment,
2010
Santa Clara Law
Vol. Ix, Tab 45 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone
Rosetta Stone v. Google (Joint Appendix)
Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?
Protecting Famous Trademarks: Comparative Analysis Of Us And Eu Diverging Approaches --The Battle Between Legislatures And The Judiciary. Who Is The Ultimate Judge?,
2010
Chicago-Kent College of Law
Protecting Famous Trademarks: Comparative Analysis Of Us And Eu Diverging Approaches --The Battle Between Legislatures And The Judiciary. Who Is The Ultimate Judge?, Stylianos Malliaris
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Dynamic Federalism And Patent Law Reform,
2010
SMU Dedman School of Law
Dynamic Federalism And Patent Law Reform, Xuan-Thao Nguyen
Indiana Law Journal
Patent law is federal law, and the normative approach to patent reform has been top down, looking to Congress and the Supreme Court for changes to the broken and complex patent system. The normative approach thus far has not yielded satisfactory results. This Article challenges the static approach to patent reform and embraces the dynamic-federalism approach that patent reform can be an overlapping of both national and local efforts. Patent reform at the local level is essential as locales can serve as laboratories for changes, vertically compete with national government to reform certain areas of the patent system, and become …
Does Ip Need Ip? Accommodating Intellectual Production Outside The Intellectual Property Paradigm,
2010
New York University School of Law
Does Ip Need Ip? Accommodating Intellectual Production Outside The Intellectual Property Paradigm, Rochelle Cooper Dreyfuss
Cardozo Law Review
No abstract provided.
Proving Fair Use: Burden Of Proof As Burden Of Speech,
2010
University of Arkansas School of Law
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 …
Proving Fair Use: Burden Of Proof As Burden Of Speech,
2010
University of South Carolina - Columbia
Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow
Faculty Publications
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 …
Doctrine Of The Dead: How Capcom V. Mkr Exposes The Decreasing Fit Between Modern Copyright Infringement Analysis And Modern Video Games,
2010
Chicago-Kent College of Law
Doctrine Of The Dead: How Capcom V. Mkr Exposes The Decreasing Fit Between Modern Copyright Infringement Analysis And Modern Video Games, Karlyn Ruth Meyer
Chicago-Kent Journal of Intellectual Property
No abstract provided.
What Is Neutral? Another Perspective To The Discussion Concerning Access Control,
2010
Chicago-Kent College of Law
What Is Neutral? Another Perspective To The Discussion Concerning Access Control, Agustin Waisman
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Market Competition In Aid Of Humanitarian Concern: Reconsidering Pharmaceutical Drug Patents,
2010
Chicago-Kent College of Law
Market Competition In Aid Of Humanitarian Concern: Reconsidering Pharmaceutical Drug Patents, Michael Ilg
Chicago-Kent Journal of Intellectual Property
No abstract provided.
A Patent Panacea? The Promise Of Corbinized Claim Construction,
2010
Chicago-Kent College of Law
A Patent Panacea? The Promise Of Corbinized Claim Construction, Jonathan L. Moore
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Past, Present, And Future In The Life Of The U.S. Court Of Appeals For The Federal Circuit,
2010
American University Washington College of Law
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.
The Upside Of Intellectual Property's Downside,
2010
University of Richmond
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 …
Particularizing Patent Pleading: Pleading Patent Infringement In A Post-Twombly World,
2010
University of Richmond
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, …
The Future Of Books Related To The Law?,
2010
UCLA School of Law
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 …
Intellectual Propriety: Compulsory Licenses Through The Trips Agreement And The Doha Declaration On Public Health,
2010
SIT Study Abroad
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 …
Always At The Margin: Inequitable Conduct In Flux,
2010
American University Washington College of Law
Always At The Margin: Inequitable Conduct In Flux, Randall R. Radler
American University Law Review
No abstract provided.
