That Old Familiar Sting: Tattoos, Publicity, And Copyright, 15 J. Marshall Rev. Intell. Prop. L. 762 (2016),
2016
UIC School of Law
That Old Familiar Sting: Tattoos, Publicity, And Copyright, 15 J. Marshall Rev. Intell. Prop. L. 762 (2016), Matthew Parker
UIC Review of Intellectual Property Law
Tattoos have experienced a significant rise in popularity over the last several decades, and in particular an explosion in popularity in the 2000s and 2010s. Despite this rising popularity and acceptance, the actual mechanics of tattoo ownership and copyright remain very much an issue of first impression before the courts. A series of high-priced lawsuits involving famous athletes and celebrities have come close to the Supreme Court at times, but were ultimately settled before any precedent could be set. This article describes a history of tattoos and how they might be seen to fit in to existing copyright law, and …
Two Comparative Perspectives On Copyright’S Past And Future In The Digital Age, 15 J. Marshall Rev. Intell. Prop. L. 698 (2016),
2016
UIC School of Law
Two Comparative Perspectives On Copyright’S Past And Future In The Digital Age, 15 J. Marshall Rev. Intell. Prop. L. 698 (2016), Timothy Armstrong
UIC Review of Intellectual Property Law
This book review compares two recent titles on copyright law: THE COPYRIGHT WARS: THREE CENTURIES OF TRANS-ATLANTIC BATTLE by Peter Baldwin, and COPYFIGHT: THE GLOBAL POLITICS OF DIGITAL COPYRIGHT REFORM by Blayne Haggart. Both books are meticulously researched and carefully written, and each makes an excellent addition to the literature on copyright. Contrasting both titles in this joint review, however, helps to reveal a few respects in which each work is incomplete; indeed, each book occasionally reads as a critique of the other. Baldwin’s book places contemporary debates in a much deeper historical context, but in so doing overlooks some …
A Methodical Look At Divided Infringement, 15 J. Marshall Rev. Intell. Prop. L. 780 (2016),
2016
UIC School of Law
A Methodical Look At Divided Infringement, 15 J. Marshall Rev. Intell. Prop. L. 780 (2016), Katie Silikowski
UIC Review of Intellectual Property Law
In Akamai Technologies v. Limelight, The Federal Circuit created a new type of multiple actor infringement called divided infringement. The divided infringement standard created by Akamai clashes with The Patent Act. It allows courts to increase the scope of method patents after an infringing act occurs, and it renders the concept of inducement of infringement unnecessary. This comment examines the evolution of the divided infringement standard up to Akamai and Eli Lilly Company v. Teva Parental Medicines, Inc, a case that applies the Akamai standard to a therapeutic method patent. It ultimately concludes that the solution to multiple actor infringement …
Damages Control: Returning Royalties To Their Reasonable Roots, 15 J. Marshall Rev. Intell. Prop. L. 827 (2016),
2016
UIC School of Law
Damages Control: Returning Royalties To Their Reasonable Roots, 15 J. Marshall Rev. Intell. Prop. L. 827 (2016), Adam Friedman
UIC Review of Intellectual Property Law
Calculating patent damages can be a costly and difficult process for litigants. Because of the requirement that damages not fall below a reasonable royalty, there has been substantial focus on how to determine what a reasonable royalty is. This article examines the history of the doctrine and the policies underlying its existence. Due to conflicting strains of the doctrine which serve distinct but separate policy goals, the article proposes that federal judges separate the two strains into distinct and independent bases for recovery. By doing this the courts will be able to expand and refine the two fundamentally different theories …
The New Ponzi Scheme: Bittorrent & Hardcore Pornography, 15 J. Marshall Rev. Intell. Prop. L. 799 (2016),
2016
UIC School of Law
The New Ponzi Scheme: Bittorrent & Hardcore Pornography, 15 J. Marshall Rev. Intell. Prop. L. 799 (2016), Tiffany Alberty
UIC Review of Intellectual Property Law
The purpose of this article is to shed light on the recent issues facing the ongoing BitTorrent copyright infringement litigation, by reflecting on district court decisions over the past ten years and analyzing two recent circuit court decisions. More specifically, this article focuses on how pornography trolls abuse the principles of copyright infringement by forcing John Doe litigants in BitTorrent to settle without fully exercising their right by trial. By using sociological tactics and pseudo-moral standards, these trolls coerce John Does to pay over thousands of dollars in settlement out of embarrassment and fear for watching the pornography that these …
The Patenting Of Gene Based Diagnostic Assays In A Post Mayo And Myriad World, 16 J. Marshall Rev. Intell. Prop. L. 1 (2016),
2016
UIC School of Law
The Patenting Of Gene Based Diagnostic Assays In A Post Mayo And Myriad World, 16 J. Marshall Rev. Intell. Prop. L. 1 (2016), Michael Sanzo
UIC Review of Intellectual Property Law
Recent advances in biotechnology have given researchers the ability to comprehensively examine the genetic basis of disease in unprecedented ways and will undoubtedly result in many new and valuable gene based diagnostic assays in the near future. These advances came during a period of roughly thirty years during which the patent eligibility of such assays was essentially unquestioned. Then, beginning in 2010, the Supreme Court embarked on a series of decisions that will, in almost all cases, preclude the patenting of diagnostic assays that rely on genetic mutations or gene expression patterns. This article suggests that reason that the issue …
Automatic Discovery Of Prior Art: Big Data To The Rescue Of The Patent System, 16 J. Marshall Rev. Intell. Prop. L. 44 (2016),
2016
UIC School of Law
Automatic Discovery Of Prior Art: Big Data To The Rescue Of The Patent System, 16 J. Marshall Rev. Intell. Prop. L. 44 (2016), Amir Khoury, Ron Bekkerman
UIC Review of Intellectual Property Law
In this research, we offer a fresh approach as to determining prior art. We do this by using Big Data methods. More specifically, we apply a model which constructs the semantic space of patents, in which all published patents and patent applications are arranged according to semantic similarities between each other. Our model provides a clear indication of how closely patents stand in relation to existing technologies, which we refer to as Near Inventions (“NI”). Our model exposes a certain level of deficiency when it comes to the disclosure, by patent applicants, of NIs. One conclusion which we draw from …
Rats, Traps, And Trade Secrets,
2016
University of Florida Levin College of Law
Rats, Traps, And Trade Secrets, Elizabeth A. Rowe
UF Law Faculty Publications
Technology has facilitated both the amount of trade secrets that are now stored electronically, and the rise of cyber intrusions. Together, this has created a storm perfectly ripe for economic espionage. Cases involving unknown or anonymous offenders who may not be in the United States and who steal trade secrets using remote access tools (“RATs”) are especially problematic. This Art-icle is the first to address and place trade secret misappropriation within the larger backdrop of cybersecurity. First, it argues that systemic issues related to technology will continue to make legislative and judicial solutions suboptimal for cyber misappropriation. Second, it explores …
“Big Data” And The Risk Of Employment Discrimination,
2016
Littler Mendelson
“Big Data” And The Risk Of Employment Discrimination, Allan G. King, Marko Mrkonich
Oklahoma Law Review
No abstract provided.
Foreword: The Food Law Era,
2016
Southern Methodist University, Dedman School of Law
Foreword: The Food Law Era, Nathan Cortez
SMU Science and Technology Law Review
No abstract provided.
Can Dna Be Speech?,
2016
Touro College Jacob D. Fuchsberg Law Center
Can Dna Be Speech?, Jorge R. Roig
Scholarly Works
DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being. In this article we discuss myriad current and developing ways in which …
Outsourced Law Enforcement,
2016
University of Connecticut
Outsourced Law Enforcement, Kiel Brennan-Marquez
Faculty Articles and Papers
How should the Constitution think about "outsourced law enforcement"-that is, investigative activity carried out by private actors that substitutes, in practice, for the labor of law enforcement officials? Existing doctrine offers a simple answer to this question, centered on chronology. If the government was responsible for outsourcing law enforcement-if a private actor was operating as an "agent or instrument" of the state-Fourth Amendment scrutiny applies, just as it would apply to the conduct of state officials.' If, on the other hand, the outsourcing transpired voluntarily-if a private actor decided, without prodding, to assist the authorities-no Fourth Amendment scrutiny applies. This …
The Forgotten Core Of The Telecommunications Act Of 1996,
2016
University of Colorado Law School
The Forgotten Core Of The Telecommunications Act Of 1996, Philip J. Weiser
Publications
No abstract provided.
The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks,
2016
United States Marine Corps
The Law Of Armed Conflict, Unconventional Warfare, And Cyber Attacks, Thomas P. Jordan
American University National Security Law Brief
No abstract provided.
How Malleability Matters,
2016
University of Iowa College of Law
How Malleability Matters, Jason Rantanen
IP Theory
In The Malleability of Patent Rights1, I developed the concept that patent rights are malleable rather than static and fixed, distinguishing malleability from the idea that patent rights are merely uncertain. Malleability refers to the idea that the strength and scope of patent rights can be altered by the actors who interact with a patent well after it has issued. Patent law is full of mechanisms that allow for these post-issuance changes, yet there seems to be no good theoretical argument that supports malleability. At best, I concluded, the costs of malleability must be weighed against the doctrinal …
Post Quon: An Analysis Of The Evolution Of New Media And The Employment Relationship,
2016
University of Maryland Francis King Carey School of Law
Post Quon: An Analysis Of The Evolution Of New Media And The Employment Relationship, John H. Shannon, Susan A. O’Sullivan-Gavin
Journal of Business & Technology Law
No abstract provided.
Copyright In Higher Education: A Review Of Modern Scholarship,
2016
University of Richmond - School of Law
Copyright In Higher Education: A Review Of Modern Scholarship, Jacob H. Rooksby
Law Faculty Publications
Of the four intellectual property regimes, copyright is the most central to the day-to-day functioning of higher education. Nearly every course of instruction involves the use of written, visual, intangible, and tangible materials, many if not most of which are subject to copyright protection. Students, faculty, and staff—essentially all the people who comprise higher education—produce and interact with copyrightable and copyrighted materials every day. Copyright relates directly to perhaps the most prominent of higher education’s goals: to educate students through teaching, and to produce scholarship and research that benefit mankind. All of these acts involve creating and using original works …
A Legal Perspective On University Technology Transfer,
2016
University of Richmond - School of Law
A Legal Perspective On University Technology Transfer, Jacob H. Rooksby
Law Faculty Publications
In the thirty-five years after passage of the Bayh–Dole Act of 1980, a robust literature has documented the emergence of university technology transfer as a critical mechanism for the dissemination and commercialization of new technology stemming from federally-funded research. Missing from these investigations, however, is what this paper terms the legal perspective, an understanding of how the law and its attendant mechanisms impact university technology transfer. Specifically, the paper reviews the extant legal scholarship and provides examples of how case law, legal structures, and the unique nature of intellectual property law affects technology transfer, as well as higher education policy …
Challenges To Fingerprint Identification Evidence: Why The Courts Need A New Approach To Finality,
2016
Mitchell Hamline School of Law
Challenges To Fingerprint Identification Evidence: Why The Courts Need A New Approach To Finality, Sarah Lucy Cooper
Mitchell Hamline Law Review
No abstract provided.
Panel 1: Issues In The U.S. For Chinese Businesses,
2016
Schiff Hardin LLP
Panel 1: Issues In The U.S. For Chinese Businesses, Cindy Yang, Jamie D. Underwood, Mark Cohen
Cardozo Journal of International and Comparative Law
The symposium examines the bidirectional intellectual property (IP) challenges between the U.S. and China, highlighting that while Chinese businesses face significant IP issues in the U.S., American companies also encounter complexities in China. The discussion emphasizes the evolving nature of IP litigation in both countries, with a focus on fashion and brand protection. Panelists provide insights into strategies for navigating these challenges, including the use of design patents, trademarks, and trade dress, as well as the role of administrative bodies like the U.S. International Trade Commission (ITC).
