Tag Archives: patent

IPSC: keynote

Posted on August 10, 2018 by rtushnet

Keynote: The State of IP Scholarship – Rebecca Eisenberg When she began, patent scholarship in the academy was minimal.  Early 1980s, CAFC creation prolonged the ghettoization of patent law, even though the field was poised for greater integration into the … Continue reading →

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false patent marking doesn’t presumptively cause injury even in 2-player market

Posted on June 25, 2018 by rtushnet

John Bean Technologies Corp. v. Morris & Assoc., Inc., No. 15-CV-02211, 2018 WL 3039734 (W.D. Ark. Jun. 19, 2018) JBT’s predecessor asserted Patent Act false marking claims, Lanham Act false advertising claims, and various North Carolina and Arkansas State law … Continue reading →

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An actual jury verdict favoring plaintiff in false advertising case based on false patent claims

Posted on April 2, 2018 by rtushnet

Hillman Group, Inc. v. Minute Key Inc., No. 13-cv-00707, 2018 WL 1532526 (S.D. Ohio Mar. 29, 2018) Here’s a reminder that meaningless macho banter about the competition can come back to haunt you.  The parties compete in the self-service, automatic … Continue reading →

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Conference: administrative law/private law interface in IP

Posted on February 26, 2018 by rtushnet

The Administrative-Private Law Interface in IP,  March 29, 2018 A conference co-organized by the Project on the Foundations of Private Law at Harvard Law School and the University of Texas School of Law, sponsored by Qualcomm Inc. More info here. … Continue reading →

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WIPIP Concurrent 2

Posted on February 16, 2018 by rtushnet

Nancy Kim, The License v. Sale Puzzle after Impressions v. Lexmark Sales exhaust the patentee’s rights to any item regardless of what the contract says. But restrictions on licensees are different because a license doesn’t implicate the same concerns about … Continue reading →

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WIPIP: Opening plenary

Posted on February 16, 2018 by rtushnet

WIPIP Plenary [Standard disclaimer: these are just my notes; I miss stuff or it’s about patents and I don’t necessarily get it; I also have to pick and choose from many attractive panels and this year I’m only at the … Continue reading →

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AIPLA scholarships & contests for students

Posted on November 30, 2017 by rtushnet

Sidney B. Williams scholarship for law students from underrepresented minority groups interested in IP law. Jan Jancin award for law students with a demonstrated record in the study of IP. Moot Court on patent issues. Robert C. Watson award for … Continue reading →

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Are Crocs’ uniqueness claims a crock?

Posted on October 2, 2017 by rtushnet

Crocs, Inc. v. Effervescent, Inc., No. 06-cv-00605, 2017 WL 4286148 (D. Colo. Sept. 25, 2017) Crocs makes molded clogs, and Dawgs is a competitor. Allegedly, “[e]ach and every functional feature disclosed in the [’858] patent application, except the heel strap, … Continue reading →

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IPSC Breakout Session III

Posted on August 10, 2017 by rtushnet

Useful Articles  Star Athletica: Stuck on the Merry-Ground  – Alfred C. Yen We’re just going round and round. Those who can’t remember the past are condemned to repeat it; a page of history is worth a volume of logic. For … Continue reading →

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IPSC Breakout Session II

Posted on August 10, 2017 by rtushnet

IP Theory  The Boundaries of Intellectual Property: A Preliminary Exploration of Constitutional Salience – Amy Kapczynski What IP law is about: what values beyond efficiency we might be able to say this law serves.  You can’t justify IP v. grants … Continue reading →

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