Intellectual Property Law Essays

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Introduction “Claim construction” is the process by which a court determines the meaning of a patent’s claims—a process that in turn determines the scope of the covered invention.

This process is extremely important because a court must determine what the patent covers before it ca… Google, held that an actor can maintain a copyright interest in her acting performance in a film—independent of the copyright held by the filmmaker—and that this copyright can sometimes be sufficiently powerful to allow the actor to prevent public di… In late February 2014 a group of congresspersons introduced a bill—The American Royalties Too Act of 2014 (known for its catchy abbreviation: the ART Act),1 which, if passed, will grant visual artists2 a right to collect royalties when their artworks are r…

535 (2004) Recent cases and scholarship have debated whether copyright law is consistent with the First Amendment.

Much of the discussion has centered on copyright law's ability to suppress transformative, creative reuses of copyrighted works and on copyright's fair use doctrine as a m…

Intellectual property’s road to hell is paved with good intentions.

Because liability is difficult to predict and the consequences of infringement are dire, risk-averse intellectual property users often seek a license when none is needed.Why is Sony/ATV Music Publishing, the world’s largest music publisher,1 unhappy about its massive hit single “Happy”?2 According to CEO and Chairman Martin Bandier, the answer comes down to the math behind digital streaming revenues.Relying on misguided economic reasoning, most courts use revenue as the primary yardstick for commercial success. This Article proposes that intellectual property’s close relationship to property stems from the role that information costs play in the delineation and enforcement of exclusion rights.As theorists have emphasized, the nonrivalness of information causes exclusive rights to be more costly in terms o…273 (2004)This Essay offers a framework to explain large-scale effective practices of sharing private, excludable goods.It starts with case studies of carpooling and distributed computing as motivating problems.Allergan’s recent patent transfer to the Saint Regis Mohawk Tribe threatens this balance.This Essay proposes antitrust suits to sidestep sovereign immunity and prevent compa…This Essay analyzes the recent attempted exclusive licensing deal for a Zika vaccine, which would have hampered the drug’s affordability and availability.Parties may challenge the validity of issued patents in federal courts and before the Patent and Trademark Office (PTO) and its administrative tribunal, the Patent Trial and Appeal Board (PTAB).Recently, the Court of Appeals for the Federal Circuit, which has exclusive appellate jurisdict…