Tag Archives: Notre Dame Scope Roundtable

Notre Dame Scope Roundtable, part 4

Chris Buccafusco & Mark Lemley, Screening Functionality Commentators: Abraham Drassinower and Jim Gibson Gibson: regime shopping is even more troublesome than scope problems in one regime. Design patents seem to exist purely for regime shopping; everyone wants a patent right … Continue reading

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Notre Dame Scope Roundtable, part 3

Pam Samuelson, Functional Compilations Commentators: Zahr Said and Steve Yelderman Said: Framing questions: what is functionality? Does it differ in compilations v. other things?  Is it the same as the useful articles doctrine?  How do owners/litigants determine and assess functionality? … Continue reading

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Notre Dame Scope Roundtable, part 2

Jeanne Fromer & Mark McKenna, Claiming Design Commentators: Sarah Burstein and Rebecca Tushnet RT: Great paper exploring the ways that different claiming regimes contribute to producers’ ability to maximize rights by claiming under multiple overlapping regimes, copyright, design patent, and … Continue reading

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