Tag Archives: patent

IPSC: Closing Plenary Session

Posted on August 13, 2016 by rtushnet

The Nature of Sequential Innovation Christopher Sprigman, Christopher Buccafusco & Stefan Bechtold How to pick between innovating or borrowing.  “Cinderella Man” is harder to develop than another movie about Rocky.  Risky, as is question about whether to develop another erectile … Continue reading →

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IPSC Breakout Session IV

Posted on August 12, 2016 by rtushnet

Empirical Copyright Copyright Misuse: A Taxonomy Ann Bartow Occasionally called copyright misuse; non-US countries call it something else, but trying to taxonomize a certain type of misbehavior.  Some of this is not currently called misuse: using © to try to … Continue reading →

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IPSC First Plenary Session

Posted on August 11, 2016 by rtushnet

Scarcity of Attention in a World without IP Jake Linford We impose artificial scarcity so authors can pick up sunk costs. But costs of creation have fallen; perhaps © should be narrowed as a result.  Wrinkle: attention scarcity. Cheaper dissemination … Continue reading →

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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 →

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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 →

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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 →

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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 →

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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 →

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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 →

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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 →

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