Tag Archives: patent

Failure to do anything to show damages leads to fee award in false advertising case

Posted on July 26, 2016 by rtushnet

Gravelle v. Kaba Ilco Corp., No.13-CV-642, 2016 WL 3920208 (E.D.N.C. Jul. 15, 2016) Bringing false advertising claims isn’t risk free for the plaintiff. Not only may the defendant scrutinize the plaintiff’s own advertising for counterclaims, attorney’s fee awards against a … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Standard competitive bluster can be used as evidence of bad faith

Posted on July 14, 2016 by rtushnet

Hillman Group, Inc. v. Minute Key Inc., 2016 WL 3654437,  No.13-cv-00707 (S.D. Ohio Jul. 8, 2016) Hillman makes duplicate keys, sold in at mass merchants, home centers, automotive parts retailers, franchise and independent hardware stores, grocery/drug chains, parcel shipping outlets, … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

CFP: IP + Race, at Boston College

Posted on May 4, 2016 by rtushnet

  The IP + Race conference hosted by Boston College in April 2017, sponsored by  Anjali Vats, Deidre Keller, Amit Basole, and Jessica Silbey, is seeking participants.  They are expecting special musical guests for the conference as well – all IP and critical race … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Private Law & IP, Remedies and Prizes

Posted on March 12, 2016 by rtushnet

Session 7: Remedies and Prizes Moderator: Chief Judge Patti B. Saris (D. Mass.): 50% of all claim constructions are reversed, and 80% of all damages.  So judges are interested in improvements.   John M. Golden, “Reasonable Certainty in Contract and … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Private Law & IP, Standards

Posted on March 12, 2016 by rtushnet

Session 6: Standards Moderator: Kirti Gupta   Jorge L. Contreras, “Private Ordering or Public Law? The Legal Character of Technical Standard Setting”: Private ordering structure arises when public enforcement mechanisms are unavailable (crime syndicates, rural settings) or less efficient/logical (credit … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Private Law & IP, Institutions II

Posted on March 12, 2016 by rtushnet

Session 5: Institutions II Moderator: Alfred C. Yen   F. Scott Kieff, “Pragmatism, Perspectives, and Trade: Intellectual Property, Antitrust, and International Trade as Mostly Private Law”: These fields are inherently blends of private and public law, so let’s try pragmatically … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Private Law & IP, Licensing II

Posted on March 11, 2016 by rtushnet

Session 4: Licensing II Moderator: David J. Kappos   Karen Sandrik, “Empowering Inventors”: Reformers must understand the law they are planning to reform before trying to reform it. Stephen Smith, Contract Theory.  Shiffrin, Divergence of Contract & Promise: two sets … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Private Law and IP: Licensing I

Posted on March 11, 2016 by rtushnet

Session 3: Licensing I Moderator: Yonathan Arbel Jonathan M. Barnett, “Why is Everyone Afraid of IP Licensing?”: Conventional view—be wary of encroachment on public domain from licensing transactions.  Medley of limitations lay minefield for construction of transactions w/minimum legal risk.  … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Private Law and Intellectual Property conference at Harvard

Posted on March 11, 2016 by rtushnet

Opening Remarks: Henry Smith—exploring the connections between private law and IP.   Session 1: Entitlement Design Moderator: Rebecca L. Tushnet Speakers and Papers/Commentators: Tun-Jen Chiang, “The Paradox of IP”: A paper looking for a theory.  Why do we have an … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

WIPIP session 6: IP Theory

Posted on February 20, 2016 by rtushnet

Session 6 IP Theory 3   BJ Ard, More Property-Like than Property: The Asymmetry of Remedies in Tangible and Intellectual Property   Real property remedies are less “property-like” than IP remedies.  Property v. liability rules. Real property often much more … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment