Category Archives: patent

Supreme Court IP Review, Chicago-Kent: Patents

Posted on September 12, 2014 by rtushnet

Ed Timberlake: most IP cases in a term ever, 8 or 10 depending on whether you count the Lanham Act cases. Octane Fitness v. Icon Health & Fitness Inc. (When is a case “exceptional” for award of fees under 35 … Continue reading →

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What does reputational harm mean? Lessons from Apple v. Samsung

Posted on August 28, 2014 by rtushnet

Apple, Inc. v. Samsung Electronics Co., No. 12-CV-00630 (N.D. Cal. Aug. 27, 2014) Others will doubtless have much to say about the patent-specific aspects of this case, but I want to talk about what the court said about the relationship … Continue reading →

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IPSC part 10: hodgepodge

Posted on August 8, 2014 by rtushnet

Sixth Breakout Session The Patented Design Sarah Burstein What should the patented design cover?  Require the design to be applied to a particular product, and signal that in the name/title.  That better respects First Amendment concerns, notice function of patents, … Continue reading →

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IPSC part 3: judicial panel

Posted on August 7, 2014 by rtushnet

Judicial Panel: Chief Judge Diane Wood (7th Circuit) and Chief Judge Alex Kozinski (9th Circuit) Peter Menell: Discussion question: is IP common law? Wood: throughout the federal level, we are not a pure common law system, nor a civil law … Continue reading →

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IPSC part 1

Posted on August 7, 2014 by rtushnet

Opening notes: usual disclaimers apply. Given the size and scope of the conference, I couldn’t attend half of what interested me. (I wish more people would send in their papers so I could read them!)  My notes aren’t guaranteed to … Continue reading →

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AU Gender/IP call for papers

Posted on July 2, 2014 by rtushnet

The Women and the Law Programand the Program on Information Justice & Intellectual Property American University Washington College of Law  Call for Papers: Eleventh Annual IP/Gender Symposium Save the Date: Friday February 27, 2015 This year, we will engage in a … Continue reading →

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unjust enrichment claim preempted once patent claim fails

Posted on March 12, 2014 by rtushnet

Medisim Ltd. v. BestMed LLC, 959 F. Supp. 2d 396 (S.D.N.Y. 2013) Previous opinions in this case between thermometer competitors, mostly addressing trademark issues now out of the case (I skipped the patent parts).  After a jury trial, the jury … Continue reading →

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IP in the UK

Posted on March 11, 2014 by rtushnet

Sir Robin Jacob, Daniel Alexander QC, and Matthew Fisher, Guidebook to Intellectual Property (6th ed.): With dry humor, this book surveys British IP law for nonlawyers/business student types.  I’m not in a position to comment too much on substance.  In … Continue reading →

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WIPIP: IP theory

Posted on February 9, 2014 by rtushnet

Session 4: IP Theory, Parlor B Annemarie Bridy, Internet Payment Blockades Wikileaks: State Department publicly accused Wikileaks of violating US law; payment systems were suspended—PayPal, Visa, Mastercard.  Wikileaks ran through cash reserves in less than a year and suspended publication.  … Continue reading →

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WIPIP: First Amendment

Posted on February 8, 2014 by rtushnet

Session 2: First Amendment T.J. Chiang, George Mason University Patents and the First Amendment Patents on methods of communication: why isn’t this a 1A problem?  Similar to ©: can prevent other people from saying what they want to say, how … Continue reading →

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