Front Matter,
2010
Southern Methodist University
Clarifying Cultural Property,
2010
University of Colorado Law School
Clarifying Cultural Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley
Publications
Author Stephenie Meyer forever altered the cultural existence of Quileute Indians when she wrote them into her Twilight novels. Now a veritable global phenomenon complete with books, movies, and affiliated merchandise, the Twilight series depicts young, male members of the tribe as vampire-fighting werewolves who ferociously defend a peace and territorial treaty made with local bloodsuckers. In reality, the Quileute Tribe consists of approximately 700 Indians, many of whom live on a remote reservation in the Pacific Northwest, a tiny parcel of the once vast Quileute territory. Since Twilight's unprecedented international success, the Quileute have been overwhelmed with fans …
Social Networking Sites: A Reasonably Calculated Method To Effect Service Of Process,
2010
Case Western Reserve University School of Law
Social Networking Sites: A Reasonably Calculated Method To Effect Service Of Process, Melodie M. Dan
Journal of Law, Technology, & the Internet
No abstract provided.
Volume 1 Issue 2 (2010),
2010
Case Western Reserve University School of Law
Volume 1 Issue 2 (2010), Case Western Reserve Journal Of Law, Technology & The Internet
Journal of Law, Technology, & the Internet
No abstract provided.
The Role Of Patent Eligibility In Policing Claim Scope,
2010
University of Missouri - Kansas City, School of Law
The Role Of Patent Eligibility In Policing Claim Scope, Christopher M. Holman
Faculty Works
Bilski v. Kappos (Bilski II) empowered the lower courts to deploy patent eligibility as a doctrinal tool for policing claim scope. Because Bilski II leaves the test for patent eligibility largely undefined, the lower courts and PTO, in particular the Federal Circuit, could actively invoke the doctrine as a “wildcard” to invalidate patent claims deemed unduly broad, or otherwise “unworthy” by the court. Judge Rader made a similar observation recently with respect to the Lilly written description requirement, another doctrine of patentability for which the criteria for compliance remains largely undefined. However, early indications suggest that the Federal Circuit and …
Misplaced Fears In The Legislative Battle Over Affordable Biotech Drugs,
2010
University of Missouri - Kansas City, School of Law
Misplaced Fears In The Legislative Battle Over Affordable Biotech Drugs, David E. Adelman, Christopher M. Holman
Faculty Works
Much like tort reform, the debate over recently enacted legislation on biotech drugs — and particularly regulatory supplements to patent protection — has taken on a significance that dwarfs its impact on prescription drug expenditures. Under the Health Care Reform legislation, Congress enacted two major reforms: First, creation of an abbreviated Food and Drug Administration (FDA) approval process for follow-on biologics (FOBs), which are the analogues of generics for biotech drugs. Second, establishment of a twelve-year “data exclusivity” period in which clinical testing data collected by brand-name innovators cannot be used by producers of FOBs to satisfy FDA testing requirements. …
Nieves V. Home Box Office, Inc.,
2010
New York Law School Class of 2010
Digital + Library: Mass Book Digitization As Collective Inquiry,
2010
University of California, Berkeley
Digital + Library: Mass Book Digitization As Collective Inquiry, Mary Murrell
NYLS Law Review
No abstract provided.
The Darknet: A Digital Copyright Revolution,
2010
University of Richmond
The Darknet: A Digital Copyright Revolution, Jessica A. Wood
Richmond Journal of Law & Technology
We are in the midst of a digital revolution. In this “Age of Peer Production,” armies of amateur participants demand the freedom to rip, remix, and share their own digital culture. Aided by the newest iteration of file sharing networks, digital media users now have the option to retreat underground, by using secure, private, and anonymous file sharing networks, to share freely and breathe new life into digital media. These underground networks, collectively termed “the Darknet[,] will grow in scope, resilience, and effectiveness in direct proportion to [increasing] digital restrictions the public finds untenable.” The Darknet has been called the …
I Put You There: User-Generated Content And Anticircumvention,
2010
Georgetown University Law Center
I Put You There: User-Generated Content And Anticircumvention, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
This Article discusses recent rulemaking proceedings before the Copyright Office concerning the anticircumvention provisions of the Digital Millennium Copyright Act (DMCA). During these proceedings, non-institutionally affiliated artists organized to assert their interests in making fair use of existing works, adding new voices to the debate. A proposed exemption for noncommercial remix video is justified to address the in terrorem effect of anticircumvention law on fair use. Without an exemption, fair users are subjected to a digital literacy test combined with a digital poll tax, and this regime suppresses fair use. The experience of artists (vidders) confronting the law illustrates both …
Intellectual Property's Need For A Disability Perspective,
2010
University of Oklahoma College of Law
Intellectual Property's Need For A Disability Perspective, Eric E. Johnson
Faculty Articles
This Article approaches intellectual property law from a critical-disability theory perspective. It argues that, in specific instances, courts have gotten the law wrong because of a failure to take into account the perspective of persons with disabilities. In the context of law, and intellectual property law in particular, confronting those differences means taking into account a disability perspective even where all the parties in a given case are not disabled and where the dispute does not directly implicate issues of disability. This sua sponte accounting is necessary because intellectual property cases have the effect of defining rights that extend far …
Unfair Competition And Uncommon Sense,
2010
Georgetown University Law Center
Unfair Competition And Uncommon Sense, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
This article discusses Mark McKenna’s Testing Modern Trademark Law’s Theory of Harm as an important step forward in challenging trademark expansionism, going back to basics and asking us to assess for truth value several propositions that now seem so self-evident to lawyers and judges as to not require any empirical support at all. Like McKenna, the author believes that if the law looked for the evidence behind present axioms of harm, it would not find much there. McKenna and the author share an interest in empirical evidence on marketing and a desire to bring its insights to trademark law. But …
Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques,
2010
University of Dayton
Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie Zink
School of Law Faculty Publications
No abstract provided.
A Model Copyright Exemption To Serve The Visually Impaired,
2010
Vanderbilt University Law School
A Model Copyright Exemption To Serve The Visually Impaired, Patrick Hely
Vanderbilt Journal of Transnational Law
Copyright law presents visually impaired persons with serious barriers to access of the written word. A recent international effort seeks to remove these barriers to access, in limited instances, by allowing the creation of accessible formats of copyrighted works. While bodies like the World Blind Union--through several South American states--have presented draft treaties to the World Intellectual Property Organization (WIPO), to date the interested parties have not found a mutually agreeable solution. This Note surveys international intellectual property law as it relates to the problem, draws a comparison to the humanitarian concerns entangled with international patent law, and tracks the …
La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks,
2010
Villanova University Charles Widger School of Law
La Russa's Loophole: Trademark Infringement Lawsuits And Social Networks, Jillian Bluestone
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Is Fashion An Art Form That Should Be Protected Or Merely A Constantly Changing Media Encouraging Replication Of Popular Trends,
2010
Villanova University Charles Widger School of Law
Is Fashion An Art Form That Should Be Protected Or Merely A Constantly Changing Media Encouraging Replication Of Popular Trends, Alissandra Burack
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Nine Years And Still Waiting: While Congress Continues To Hold Off On Amending Copyright Law For The Digital Age, Commercial Industry Has Largely Moved On,
2010
Villanova University Charles Widger School of Law
Nine Years And Still Waiting: While Congress Continues To Hold Off On Amending Copyright Law For The Digital Age, Commercial Industry Has Largely Moved On, Matthew Friedman
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
Pharmaceutical Patent Litigation Settlements: Implications For Competition And Innovation,
2010
Georgetown University Law Center
Pharmaceutical Patent Litigation Settlements: Implications For Competition And Innovation, John R. Thomas
Georgetown Law Faculty Publications and Other Works
Although brand-name pharmaceutical companies routinely procure patents on their innovative medications, such rights are not self-enforcing. Brand-name firms that wish to enforce their patents against generic competitors must commence litigation in the federal courts. Such litigation ordinarily terminates in either a judgment of infringement, which typically blocks generic competition until such time as the patent expires, or a judgment that the patent is invalid or not infringed, which typically opens the market to generic entry. As with other sorts of commercial litigation, however, the parties to pharmaceutical patent litigation may choose to settle their case. Certain of these settlements have …
Groundwork For Assessing The Legal Risks Of Cyberjustice,
2010
Schulich School of Law, Dalhousie University
Groundwork For Assessing The Legal Risks Of Cyberjustice, François Senécal, Karim Benyekhlef
Canadian Journal of Law and Technology
It is clear that the use of information technology is quickly becoming a necessity for the justice system. In civil cases, delays and costs are causing individuals to abandon the courts, and cases that make it to trial are of ever-increasing complexity. Moreover, public security is weakened by the inefficient and cumbersome conditions by which criminal justice information circulates among the various stakeholders, such as the police, prosecutors, the courts, penitentiaries and parole boards, to name only a few. It becomes apparent that information technology has much to offer individuals involved in court cases and the justice system as a …
Strong Medicine: Patents, Market, And Policy Challenges For Managing Neglected Diseases And Affordable Prescription Drugs,
2010
Schulich School of Law, Dalhousie University
Strong Medicine: Patents, Market, And Policy Challenges For Managing Neglected Diseases And Affordable Prescription Drugs, Taiwo A. Oriola
Canadian Journal of Law and Technology
The article is divided into six parts. Part one deals with the introduction, part two discusses the evolution of modern medicine and the socio-economic dynamics that shape the current prescription drug economics, part three discusses the pharmaceutical costs conundrum, part four analyses neglected diseases and the scale of the problem, part five discusses the role of patents on the pharmaceuticals costs trajectory and reviews literature on possible alternatives to promoting incentives for pharmaceuticals R&D, and part six sums up the discourse and reiterates the solutions to the problems identified.
