The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012),
2012
UIC School of Law
The Thirty-First Annual John Marshall Law School International Moot Court Competition In Information Technology And Privacy Law: Brief For The Respondent, 29 J. Marshall J. Computer & Info. L. 733 (2012), Christopher Dabney, Kara Franklin
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
A New Institutional Economics Perspective On Trademarks: Rebuilding Post Conflict Zones In Sierra Leone And Croatia, 11 J. Marshall Rev. Intell. Prop. L. 745 (2012),
2012
UIC School of Law
A New Institutional Economics Perspective On Trademarks: Rebuilding Post Conflict Zones In Sierra Leone And Croatia, 11 J. Marshall Rev. Intell. Prop. L. 745 (2012), Roya Ghafele, Benjamin Gibert
UIC Review of Intellectual Property Law
This paper evaluates the role of collective trademarks in enhancing the ability of tourism clusters to stimulate economic growth, local ownership and innovative governance. Illustrating how intellectual property (IP) law can be leveraged to achieve this, we offer a new economic rationale for trademarks in the context of tourism. Two post-conflict case studies of Sierra Leone and Croatia provide a crash test for this approach. By emphasizing the role of law, institutions and infrastructure in stimulating tourism in post-conflict zones, this paper echoes new institutional economics perspectives that highlight the impact of legal structure on development. Despite widespread acknowledgement of …
Fostering Web 2.0 Innovation: The Role Of The Judicial Interpretation Of The Dmca Safe Harbor, Secondary Liability And Fair Use, 12 J. Marshall Rev. Intell. Prop. L. 70 (2012),
2012
UIC School of Law
Fostering Web 2.0 Innovation: The Role Of The Judicial Interpretation Of The Dmca Safe Harbor, Secondary Liability And Fair Use, 12 J. Marshall Rev. Intell. Prop. L. 70 (2012), Susanna Monseau
UIC Review of Intellectual Property Law
Web 2.0 has generated a surplus of creativity, encouraging innovation of new technologies and further creative expansion of the internet. Social media platforms have demonstrated a significant growth during this time and have been used to create and disseminate a wealth of information and cultural material. While it is important that copyright owners receive legal protection of the content they create, it is necessary not to simultaneously stifle the creativity of end-users. Copyright owners have more power in bargaining for their rights, and their rights are well established through statutory protections. However, internet innovators and end-users, who may have a …
Fda Enforcement Of Criminal Liability For Clinical Investigator Fraud,
2012
UC Law SF
Fda Enforcement Of Criminal Liability For Clinical Investigator Fraud, Vandya Swaminathan, Matthew Avery
UC Law Science and Technology Journal
Clinical investigator fraud is a very real problem, and falls squarely within FDA's mandate to protect the public health. The Eighth Circuit has held that under this mandate, FDA has the authority to impose affirmative duties to protect the public health by promulgating relevant regulations. FDA did promulgate such regulations, and the Eighth Circuit held that a failure to follow these regulations is a violation of section 355(i) of the FDCA. A violation of section 355(i) is considered a violation of section 331(e), and a violation of 331(e) can result in criminal sanctions under section 333(a). Thus, this tenuous chain …
Finding A Fit: Gene Patents And Innovation Policy,
2012
UC Law SF
Finding A Fit: Gene Patents And Innovation Policy, Erica L. Anderson
UC Law Science and Technology Journal
The district court's decision in Ass'n for Molecular Pathology v. U.S. Patent & Trademark Office (the Myriad litigation) that isolated DNA does not constitute patentable subject matter because the isolated DNA is not markedly different from the naturally occurring DNA sequence redrew the lines of patentable subject matter. The Federal Circuit has subsequently overturned that holding; however, it remains unclear whether gene patents serve the patent system's underlying objective to encourage innovation. For the most part, courts have defined what constitutes patentable subject matter, but as the Myriad litigation demonstrates, courts may not be the best institution to consider these …
Induced Infringement As A Strict Liability Claim: Abolishment Of The Specific Intent Requirement,
2012
UC Law SF
Induced Infringement As A Strict Liability Claim: Abolishment Of The Specific Intent Requirement, Soonbok Lee
UC Law Science and Technology Journal
This Note argues that the specific intent requirement for § 271(b) should be abolished. It shows that the language of § 271(b) does not provide textual support for the specific intent requirement. Additionally, it argues that the specific intent requirement is contrary to early case law before the enactment of the 1952 Patent Act and is in conflict with many aspects of patent law including the utilitarian policies, the doctrine of equivalents and basic risk allocation. Finally, this Note demonstrates that the overlapping scope of § 271(b) and § 271(c) necessitates the specific intent requirement because Congress intended § 271(b) …
Indefinite Freeze?: The Obligations A Cryopreservation Bank Has To Abandoned Frozen Embryos In The Wake Of The Maryland Stem Cell Research Act Of 2006,
2012
University of Maryland Francis King Carey School of Law
Indefinite Freeze?: The Obligations A Cryopreservation Bank Has To Abandoned Frozen Embryos In The Wake Of The Maryland Stem Cell Research Act Of 2006, Maggie Davis
Journal of Health Care Law and Policy
No abstract provided.
(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012),
2012
UIC School of Law
(Dis)Service Of Process: The Need To Amend Rule 4 To Comply With Modern Usage Of Technology, 45 J. Marshall L. Rev. 459 (2012), Svetlana Gitman
UIC Law Review
No abstract provided.
Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012),
2012
UIC School of Law
Updating The Patent System's Novelty Requirement To Promote Small-Molecule Medicinal Progress, 45 J. Marshall L. Rev. 1151 (2012), Jason Brewer
UIC Law Review
No abstract provided.
Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012),
2012
UIC School of Law
Cloudy With A Chance Of Waiver: How Cloud Computing Complicates The Attorney-Client Privilege, 46 J. Marshall L. Rev. 383 (2012), Timothy Peterson
UIC Law Review
No abstract provided.
Limiting The Affirmative Defense In The Digital Workplace ,
2012
University of Michigan Law School
Limiting The Affirmative Defense In The Digital Workplace , Daniel B. Garrie
Michigan Journal of Gender & Law
From 2009 to 2011, there were more than 30,000 sexual harassment claims filed in the United States. The ubiquitous availability of digital technology devices has facilitated many instances of sexual harassment. Such sexual harassment occurs through unprovoked and offensive e-mails, messages posted on electronic bulletin boards, and other means available on the Internet. To date, courts remain silent on this issue. Should this type of sexual harassment be treated differently from physical sexual harassment? The surprising answer is yes. This Article suggests a new judicial framework for addressing sexual harassment perpetrated through digital communications. This framework accounts for the real-world …
Indirect Exploitation Of Intellectual Property Rights By Corporations And Investors: Ip Privateering And Modern Letters Of Marque And Reprisal,
2012
UC Law SF
Indirect Exploitation Of Intellectual Property Rights By Corporations And Investors: Ip Privateering And Modern Letters Of Marque And Reprisal, Tom Ewing
UC Law Science and Technology Journal
Competitive pressures and rent-seeking behaviors have motivated companies and investors to develop indirect techniques for beneficially exploiting third-party intellectual property rights (IPRs) that qualitatively depart from the direct exploitation tools honed during the past thirty years of the pro-patent era. Among other things, companies have realized that they do not even need to own IPRs in order to consequently benefit from their exploitation. This phenomenon is labeled here "IP privateering" because of its similarities to an historic method of waging war on the high seas. This Article classifies IP privateering as a species of aggressive non-practicing entities (NPEs). The parameters …
Beyond Confusion - Survey Evidence Of Consumer Demand And The Entire Market Value Rule,
2012
UC Law SF
Beyond Confusion - Survey Evidence Of Consumer Demand And The Entire Market Value Rule, Patricia Dyck
UC Law Science and Technology Journal
The doctrine of apportionment serves to limit recovery for patent infringement to the economic value contributed by the infringed patent. However, the entire market value rule allows plaintiffs to base their recovery on the entire value of a product, if an infringing feature of the product is the basis for consumer demand for the product. Large damages awards produced by the application of the entire market value rule have prompted appeals for damages reform. In the recent America Invents Act, the legislature did not address damages reform, noting that the judiciary is currently reinvigorating the doctrine of apportionment. Indeed, the …
Open Source And The Age Of Enforcement,
2012
UC Law SF
Open Source And The Age Of Enforcement, Heather J. Meeker
UC Law Science and Technology Journal
The last five years have seen the first serious enforcement efforts by licensors of open source software, so we are truly at the dawning of the age of enforcement. But open source claims are not like other claims. Understanding the distinctions between open source software claims and other intellectual property claims is key to reacting to open source claims gracefully, effectively, and with a minimum of embarrassment and cost. This Article provides a survey of where we stand today and demonstrates how this area of law has developed. We will be soon nearing the point where catalogs of open source …
Leveraging Bias In Forensic Science,
2012
Silberman College of Business, Director of the Institute for Forensic Science Administration
Leveraging Bias In Forensic Science, Roger Koppl
Fordham Urban Law Journal
Dr. Simon Cole calls for a more hierarchical organization of forensic science in his challenging Article, Acculturating Forensic Science: What is ‘Scientific Culture’, and How can Forensic Science Adopt it? Koppl thinks Dr. Cole is right to say that there are different roles in forensic science, but somewhat mistaken in his call for hierarchy.
Biobanks As A Tissue And Information Semicommons: Balancing Interests For Personalized Medicine, Tissue Donors And The Public Health,
2012
University of Maryland Francis King Carey School of Law
Biobanks As A Tissue And Information Semicommons: Balancing Interests For Personalized Medicine, Tissue Donors And The Public Health, Ken Gatter
Journal of Health Care Law and Policy
No abstract provided.
Climate Change, Political Truth, And The Marketplace Of Ideas,
2012
Elisabeth Haub School of Law at Pace University
Climate Change, Political Truth, And The Marketplace Of Ideas, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
In a recent interview in Time magazine, EPA administrator Lisa Jackson commented on congressional efforts to undo her greenhouse gas endangerment finding under Clean Air Act section 202: “I don't think that history will forget the first time that politicians made a law to overrule scientists.” Proponents of aggressive action to control greenhouse gases are frustrated that the international scientific consensus that disruptive climate change is highly probable and caused by anthropogenic emissions has not prevailed in the political marketplace of ideas in the United States. This truth-seeking, open marketplace of ideas is not just a recognized foundational principle in …
Student Intellectual Property Issues On The Entrepreneurial Campus,
2012
University of Michigan Law School
Student Intellectual Property Issues On The Entrepreneurial Campus, Bryce C. Pilz
Michigan Business & Entrepreneurial Law Review
This article examines issues that are more frequently arising for universities concerning intellectual property in student inventions. It seeks to identify the issue, explain the underlying law, identify actual and proposed solutions to these issues, and explain the legal ramifications of these potential solutions.
Patents V. Statutory Exclusivities In Biological Pharmaceuticals - Do We Really Need Both,
2012
Georgia State University College of Law
Patents V. Statutory Exclusivities In Biological Pharmaceuticals - Do We Really Need Both, Yaniv Heled
Michigan Telecommunications & Technology Law Review
Over the past decade or so, the United States has been the arena of a boisterous debate regarding the creation of a new regulatory framework for the approval of generic versions of biologics-based pharmaceutical products (also known as "biological products" and "biologics")--an important and increasingly growing class of drugs. The basic purpose of such a framework is to create a fast and less-costly route to FDA approval for biologics that would be similar or identical to already-approved biological products--typically ones that are sold on the market at monopoly rates--thereby allowing cheaper versions of such medicines to enter the market. One …
Res Or Rules - Patents And The (Uncertain) Rules Of The Game,
2012
Indiana University Robert H. McKinney
School of Law
Res Or Rules - Patents And The (Uncertain) Rules Of The Game, Emily Michiko Morris
Michigan Telecommunications & Technology Law Review
The Article proceeds as follows. Part I reviews the basics of patent claiming, the traditional view of claims as real property deeds, and why uncertainty as to the boundaries of those deeds is considered undesirable. Part II critiques the analogy between real property deeds and patent claims, highlighting in particular the requisite novelty and conceptual nature of the patent res, the differences between the purposes of the patent system and real property regimes, and the effect of these different purposes on the expected predictability of patent boundaries. Part III then changes the analogy from patent claims as property deeds to …
