Category Archives: Uncategorized

Notice and Notice Failure at BU, panel 6

Posted on September 26, 2015 by rtushnet

Margaret Jane Radin – Patent Notice and the Trouble with Plain Meaning   Notice is a cost and a cost-saver; hard to figure out its overall profile.  Plain meaning as ever-receding ideal.   Philips v. AWH (Fed. Cir. 2005); Festo … Continue reading →

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Notice and Notice Failure at BU, panel 5

Posted on September 26, 2015 by rtushnet

Lydia Loren – Fixation as Notice in Copyright Law   3 different roles: (1) protectability; (2) infringement—reproduction etc. require fixation; (3) preemption—no preemption for unfixed works.  What kind of a notice function might fixation play in each area?   Statutory … Continue reading →

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Notice and Notice Failure at BU, Panel 4

Posted on September 25, 2015 by rtushnet

Orly Lobel – Enforceability TBD: From Status to Contract in IP and Human Capital Law   Noncompete agreements: used to blur lines of IP regimes, make it harder to tell what is owned/ownable.  Trade secret lawsuits are used in anticompetitive … Continue reading →

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Notice and Notice Failure at BU, panel 3

Posted on September 25, 2015 by rtushnet

Pamela Samuelson – Notice Failures Arising from Copyright Duration Rules   Agrees w/ other expressions of concern about notice failures in copyright—here she focuses on notice failures related to the long duration of copyrights.  More information about work’s © status … Continue reading →

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Notice and Notice Failure at BU part 2

Posted on September 25, 2015 by rtushnet

Annemarie Bridy – Three Notice Failures in Copyright Law   Challenge of making online copyright enforcement meaningful. Notice is intimately connected to justice: usually required (except with strict liability).  Failures to appreciate its necessity/failures to appreciate its sufficiency.   Uncertain: … Continue reading →

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Notice and notice failure at BU: panel 1

Posted on September 25, 2015 by rtushnet

Graeme Dinwoodie – Trademarks and Commercial Reality: registration systems/use systems; Industrial policy/consumer protection and registered/unregistered affect notice, but not sure how much compared to patent.  Costs of inadequate notice may not be as great.  Efforts to ensure adequate notice need … Continue reading →

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Notice and Notice Failure in Intellectual Property Law at BU, keynote

Posted on September 25, 2015 by rtushnet

Boston University School of Law   Welcome and introduction: Dean Maureen O’Roarke New clinic w/MIT—representing MIT students who need legal/IP help.  Searching for an exec. director now—encourages applications.   Stacey Dogan: Meurer & James Besson’s book on patents: pointed out … Continue reading →

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Just another lawsuit out of Boston

Posted on September 24, 2015 by rtushnet

Scholz v. Goudreau, 2015 WL 5554012, No. 13-cv-10951 (D. Mass. Sept. 21, 2015)   Scholz and Goudreau were both members of the band Boston.  Goudreau played guitar on the band’s first two albums, performing with it from 1976-1979 before leaving … Continue reading →

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omission from “comprehensive” database wasn’t actionable misrepresentation

Posted on September 24, 2015 by rtushnet

Alexso, Inc. v. First Databank, Inc., 2015 WL 5554005, No. CV 15-01893 (C.D. Cal. Sept. 21, 2015)   Alexso makes kits that pharmacies use to compound prescription drugs.  FDB publishes databases that provide information about drug products to the healthcare … Continue reading →

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xkcd on Happy Birthday

Posted on September 23, 2015 by rtushnet

As usual, xkcd has a great take. from Blogger http://ift.tt/1Jpu7DZ

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