Tag Archives: patent

Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise very detailed © statute, … Continue reading

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Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise very detailed © statute, … Continue reading

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State law can’t protect uncopyrightable design for useful article

Ultraflo Corp. v. Pelican Tank Parts, Inc., No. 15-20084 (5th Cir. Jan. 11, 2017) A nice citation for the proposition that §301 preemption covers both copyrightable and uncopyrightable matter. Ultraflo argued that Pelican engaged in unfair competition by misappropriation claim … Continue reading

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claims about others’ patent infringement can be factual, commercial speech subject to Lanham Act

Global Tech Led, LLC v. HiLumz International Corp., 2017 WL 588669, No. 15–cv–553 (M.D. Fla. Feb. 14, 2017) The parties, former business partners, now compete in the retrofit LED lighting industry. Global Tech sued defendants for patent infringement. HiLumz counterclaimed … Continue reading

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WIPIP, part 3

Carys J. Craig, Relying on (User) Rights-Talk: On Copyright Limits and Rhetorical Risks Many ways to limit ©; here focusing on defenses/exceptions, the ideal type of which is fair use. If our goal is to constrain ©, what should we … Continue reading

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WIPIP part one

Works-in-Progress Intellectual Property Colloquium Boston University School of Law Opening Plenary [missed beginning due to travel] Timothy K. Armstrong, Symbols, Systems, and Software as Intellectual Property: Time for CONTU, Part II? Functionality is still a problem. Altai seemed to work … Continue reading

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Federal Circuit Symposium at AU on Patent & TM law, Jan. 27

AMERICAN UNIVERSITY LAW REVIEW PRESENTS ITS FEDERAL CIRCUIT SYMPOSIUM : IDENTIFYING BOUNDARIES IN PATENT AND TRADEMARK LAW Jan. 27, 2017 at American University College of Law  REGISTER AT: http://ift.tt/2j5yqkd CLE CREDIT AVAILABLE from Blogger http://ift.tt/2jcxgFN

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Reading list: Free Innovation by Eric von Hippel

E von Hippel, 2017. Free Innovation. Cambridge MA: MIT Press Abstract:      In this book I integrate new theory and new research findings into the framework of a “free innovation paradigm.” Free innovation involves innovations developed and given away by consumers … Continue reading

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Notre Dame Law Review Symposium, Panel Three

Moderated by Shubham Mukherjee Graeme B. Dinwoodie, University of Oxford Law, “Territoriality in the Protection and Enforcement of Trademark Rights” As trade becomes more geog. expansive, so too do TM rights need to expand. Not new: goes back to 1883 … Continue reading

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Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading

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