Masthead & Table Of Contents ,
2010
American University Washington College of Law
Masthead & Table Of Contents , Au Intellectual Property Brief
Intellectual Property Brief
No abstract provided.
King Kirby And The Amazin' Terminatin' Copyrights: Who Will Prevail?!?,
2010
American University Washington College of Law
King Kirby And The Amazin' Terminatin' Copyrights: Who Will Prevail?!?, Jay Goldberg
Intellectual Property Brief
No abstract provided.
Copyrights And The Fashion Industry: A Love-Hate Relationship? ,
2010
American University Washington College of Law
Copyrights And The Fashion Industry: A Love-Hate Relationship? , Ashlee Hodge
Intellectual Property Brief
No abstract provided.
Unconstitutional Excess, And Other Recent Copyright Developments,
2010
American University Washington College of Law
Unconstitutional Excess, And Other Recent Copyright Developments, Ali Sternburg
Intellectual Property Brief
No abstract provided.
Digital “Library” Htmlcomics Shut Down By Fbi, Doj And Publishers,
2010
American University Washington College of Law
Digital “Library” Htmlcomics Shut Down By Fbi, Doj And Publishers, Mark Tratos
Intellectual Property Brief
No abstract provided.
Vol. Vi, Tab 38 - Declaration Of Margret M. Caruso,
2010
Google
Vol. Vi, Tab 38 - Declaration Of Margret M. Caruso, Margret M. Caruso
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?
Vol. Xvii, Tab 54 - Google's Reply Motion In Further Support Of Its Motion For Summary Judgment,
2010
Santa Clara Law
Vol. Xvii, Tab 54 - Google's Reply Motion In Further Support Of Its Motion For Summary Judgment, Google
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?
Vol. Xx, Tab 57 - Ex. 2 - Rosetta Stone's First Request For The Production Of Documents From Google,
2010
Santa Clara Law
Vol. Xx, Tab 57 - Ex. 2 - Rosetta Stone's First Request For The Production Of Documents From Google, 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?
Vol. Xviii, Tab 55 - Google's Reply Memorandum Of Law In Further Support Of Its Motion To Exclude The Expert Report And Opinion Of Dr. Kent Van Liere,
2010
Santa Clara Law
Vol. Xviii, Tab 55 - Google's Reply Memorandum Of Law In Further Support Of Its Motion To Exclude The Expert Report And Opinion Of Dr. Kent Van Liere, Google
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?
It Is Time: Why The Fda Should Start Disclosing Drug Trial Data,
2010
University of Michigan Law School
It Is Time: Why The Fda Should Start Disclosing Drug Trial Data, Mustafa Ünlü
Michigan Telecommunications & Technology Law Review
Although [drug] manufacturers bear the cost of research data generation, it is oftentimes a worthwhile investment that also confers significant commercial advantages. Consequently, they have argued that research data should be considered a trade secret and kept confidential. The FDA's longstanding position has been to accept this proposition. Even when Congress appeared to mandate disclosure or weaken the underlying rationale for secrecy, the FDA has continued to treat research data as confidential. A strong argument against a default posture of confidentiality is that research data disclosure would promote broad public interests by eliminating the societal costs brought about by keeping …
Optimal Fines For False Patent Marking,
2010
University of Minnesota Law School
Optimal Fines For False Patent Marking, Thomas F. Cotter
Michigan Telecommunications & Technology Law Review
This Essay proposes that, in order to avoid imposing arbitrary (and perhaps unnecessarily large) fines for false patent marking, courts should seek guidance in the law of remedies for false advertising and copyright infringement. In particular, courts should attempt to approximate the social harm caused by actionable false marking by taking into account (1) the plaintiff's loss (if any) and the defendant's gain (if any) attributable to the false marking at issue; (2) the plausibility of substantial but less easily quantifiable harms to consumers and to nonparty competitors; and (3) the risks, on the one hand, of underdeterring statutory violations …
Patenting By Entrepreneurs: An Empirical Study,
2010
University of San Diego School of Law
Patenting By Entrepreneurs: An Empirical Study, Ted Sichelman, Stuart J.H. Graham
Michigan Telecommunications & Technology Law Review
[T]he Ewing Marion Kauffman Foundation--an organization that studies and promotes entrepreneurship in the United States--funded an effort at the University of California, Berkeley School of Law, to undertake the first comprehensive survey of the relationship between patenting and entrepreneurship in the United States. The authors, along with other investigators, administered the survey in 2008 to approximately 15,000 startup and early-stage companies in the biotechnology, medical device, information technology (IT) hardware, and software and Internet sectors. A portion of the survey examined why entrepreneurs, startups, and early-stage companies do (and do not) seek patents. This Article reports and analyzes results from …
Media-Rich Input Application Liability,
2010
University of Michigan Law School
Media-Rich Input Application Liability, David R. Krohn, Pekarek
Michigan Telecommunications & Technology Law Review
Until recently, media-rich online interactions were mostly unidirectional: multimedia content was delivered by the service provider to the user. Input from the user came almost exclusively in the form of text. Even when searching the Internet for images or audio, a user typically entered text into a search engine. In addition, search engines indexed multimedia content by analyzing not the content itself but the text surrounding it. This is rapidly changing. With the rise of multimedia-capable smartphones and wireless broadband, applications that allow users to search using non-textual inputs are quickly becoming popular. These applications go much further than simply …
Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc,
2010
University of Michigan Law School
Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance
Michigan Telecommunications & Technology Law Review
A widespread perception among the patent law community is that the patent system would be more effective if judges with technical backgrounds and patent law experience decided patent disputes. Proponents believe that if judges all had similar baseline knowledge of technological analysis, there would be more consistency in decision-making, leading to more predictability for parties. Some district courts have unofficially become semi-specialized in patent law disputes, and Congress is debating whether to institute a more formalized Patent Pilot Program in which district court judges specialize in patent law cases. This Note joins the debate and examines patent law cases at …
How Many Patents Does It Take To Make A Drug - Follow-On Pharmaceutical Patents And University Licensing,
2010
Yale Law School
How Many Patents Does It Take To Make A Drug - Follow-On Pharmaceutical Patents And University Licensing, Lisa Larrimore Ouellette
Michigan Telecommunications & Technology Law Review
As described by Professors Dan Burk and Mark Lemley, drugs are[...] special because of the low number of patents per product: "In some industries, such as chemistry and pharmaceuticals, a single patent normally covers a single product. Much conventional wisdom in the patent system is built on the unstated assumption of such a one-to-one correspondence." Although many have repeated this one-patent, one-drug assumption, there has been little empirical analysis of how many patents actually protect each drug. In fact, most small-molecule drugs are protected by multiple patents. The average was nearly 3.5 patents per drug in 2005, with over five …
Trips And Human Rights: The Case Of India,
2010
American University Washington College of Law
Trips And Human Rights: The Case Of India, Subramanya Sirish Tamvada
Celebrating WCL Student Authors
The twenty-first century has seen a rapid growth of two regimes: the intellectual property rights regime and the human rights regime. On one hand, growth of multinational corporations has led to a stronger and stricter intellectual property rights regime. On the other hand, human rights have gained primacy in public as well as political debates. Developing countries have argued that intellectual property rights and Human Rights often come into conflict, particularly when implementing their international obligations under TRIPS. Nevertheless, developing countries are forced to provide better intellectual property protection. There is a need to give heed to the voices of …
Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010),
2010
UIC School of Law
Unlawful Infringement Or Just Creative Expression? Why Dj Girl Talk May Inspire Congress To "Recast, Transform, Or Adapt" Copyright, 43 J. Marshall L. Rev. 1067 (2010), Katie Simpson-Jones
UIC Law Review
No abstract provided.
An Alternate Functionality Reality,
2010
University of Kentucky College of Law
An Alternate Functionality Reality, Harold R. Weinberg
Law Faculty Scholarly Articles
Trade dress law does not protect the appearance of a product design feature (e.g., a product's configuration) against unauthorized copying if the feature is functional, but may protect the appearance if the feature is nonfunctional. The functionality doctrine is intended to preserve competition in the market for a product incorporating a design feature that allegedly is protected by trade dress law, and to avoid conflicts between trade dress law and patent law. The Supreme Court last addressed the functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. The Court intended TrafFix to “choke off” anticompetitive trade dress “strike suits.” …
The Eminence Of Imminence And The Myopia Of Markets,
2010
S.J. Quinney College of Law, University of Utah
The Eminence Of Imminence And The Myopia Of Markets, Teneille R. Brown
Utah Law Faculty Scholarship
This article questions the privileging of disaster, or imminent threat, over more distant threats to public health. In many cases, this privileging makes sense as we do not have time to evaluate the threat under traditional frameworks. But in some cases, we privilege disaster in ways that may be ethically and legally unsound. Here I am interested in a particular type of public health threat – the negative consequences that stem from climate change. In this article I view the climate change discussion through the lens of distributive justice. I analyze the ethical as well as legal arguments for encouraging …
Copyright’S Twilight Zone: Digital Copyright Lessons From The Vampire Blogosphere,
2010
University of Maryland Francis King Carey School of Law
Copyright’S Twilight Zone: Digital Copyright Lessons From The Vampire Blogosphere, Jacqueline D. Lipton
Maryland Law Review
No abstract provided.
