Notes

Metallizing Engineering's Forfeiture Doctrine After the America Invents Act

Daniel Taskalos

One major alteration made by the Leahy-Smith America Invents Act is the change from a first-to-invent system to a first-to-file system. This change revised the “novelty provision” – 35 U.S.C. § 102 – eliminating all references to and determinations based on date of invention. However, the new language has raised several questions regarding the application of case law interpreting the 1952 novelty provision.... Read more about Metallizing Engineering's Forfeiture Doctrine After the America Invents Act

  • July 12, 2013
  • Stan. Tech. L. Rev. 657

Copyright Vigilantism

Rachel Storch

On July 6, 2011, some of the world’s largest entertainment companies, including Disney, Paramount, Warner Brothers, and Universal, as well as the MPAA and RIAA, entered into a historic agreement with the most prominent Internet service providers (ISPs), including AT&T, Verizon, and Time Warner. Their agreement created the Copyright Alert System.... Read more about Copyright Vigilantism

  • April 22, 2013
  • Stan. Tech. L. Rev. 453

Anticompetitive Tying and Bundling Arrangements in the Smartphone Industry

Thomas H. Au

As smart technologies become more prevalent and mobile devices become the digital platform of choice, how will antitrust law adapt? While current tying law has been criticized for its reliance on dated physical product precedents, the principles of tying and bundling doctrines are well-suited to address the next technology-based product combinations and integrations. Smartphones are an ideal foil for emerging antitrust issues, as these devices stand at the crossroads of tying and bundling inquiries.... Read more about Anticompetitive Tying and Bundling Arrangements in the Smartphone Industry

  • January 7, 2013
  • Stan. Tech. L. Rev. 188

Section 101 and Computer-Implemented Inventions

Robert D. Swanson

The law surrounding the patentability of computer-implemented inventions is extraordinarily unclear. Thankfully, the Federal Circuit has granted rehearing en banc to CLS Bank v. Alice to determine the test for computer-implemented inventions under § 101. This Note identifies three current approaches in Federal Circuit doctrine, and finds each lacking.... Read more about Section 101 and Computer-Implemented Inventions

  • December 28, 2012
  • Stan. Tech. L. Rev. 161

Toward a "New School" Licensing Regime for Digital Sampling: Disclosure, Coding, and Click-Through

Thomas P. Wolf

Under most circumstances, music writer Johnny Oxbridge would be exhilarated to open his MySpace inbox and find a message from DJ Showtime, a Los Angeles-based producer-rapper whose off-kilter beats—built on some of music’s most obscure sonic scraps—are the object of envy, scrutiny, and emulation by legions of independent hip-hop fans.1 A hip-hop enthusiast with a particular interest in production techniques and digital sampling, Oxbridge was the founder, editor- in-chief, and staff of Oxbeats.com, a website dedicated to cataloging, analyzing, and discussing the work of the genre’s leading p... Read more about Toward a "New School" Licensing Regime for Digital Sampling: Disclosure, Coding, and Click-Through

A Patent Exhaustion Exposition: Situating Quanta v. LGE in the Context of Supreme Court Jurisprudence

Yina Dong

The Supreme Court decided Quanta v. LGE on June 9, 2008, marking the first time the Court had addressed the topic of patent exhaustion in sixty-six years. This paper provides an in-depth analysis of the law of patent exhaustion and analyzes the holding in Quanta in the context of past Supreme Court jurisprudence. In determining when a patent may be exhausted by the sale of a component embodying that patent, Quanta merely followed the test first enunciated by the Court decades ago.... Read more about A Patent Exhaustion Exposition: Situating Quanta v. LGE in the Context of Supreme Court Jurisprudence

Access to Bio-Knowledge: From Gene Patents to Biomedical Materials

Lisa Larrimore Ouellette

Patents claiming DNA sequences have been subject to extensive public and scholarly criticism due to their potential to impede innovation and to restrict access to affordable healthcare. Recent empirical studies, however, indicate that access to materials is a much more serious problem than patents are for basic biomedical researchers, and access to materials is also a critical problem for producers of biomedical end products like biopharmaceuticals.... Read more about Access to Bio-Knowledge: From Gene Patents to Biomedical Materials

The Mind Gangsters: Why We Should, and How We Can, Limit Surveillance of Digital Reading Habits

Thomas Nosewicz

It is not alarmist to say that the Internet is the first truly panoptic system of the mind. Dumbfoundingly dense databanks can—and do—gorge themselves on one’s every move across a webpage. Web tools monitor every specific article a visitor reads, how she was referred to that article, and how long she spent reading it.... Read more about The Mind Gangsters: Why We Should, and How We Can, Limit Surveillance of Digital Reading Habits

A Regulatory Proposal for Digital Defamation: √

Caitlin Hall

Whatever lip service we may pay to those spaces “immemorially . . . held in trust for the use of the public,” the Internet is operatively the most important public forum ever created. Its vast interconnectivity far more nearly approximates the prototypical “marketplace of ideas” than do warring politicos duking it out on the op-ed pages or, for that matter, in opposing briefs.... Read more about A Regulatory Proposal for Digital Defamation: √

The Immorality of Theft, the Amorality of Infringement

Mohsen Manesh

Morality, an individual's subjective sense of right and wrong, is the biggest influence in shaping law-related behavior. And not surprisingly, both psychologists and legal theorists have begun to explore the links between personal morality and large-scale copyright infringement. But to date, this analysis has not rigorously answered some basic questions. Why do people believe that theft is immoral? And why do so many differentiate theft from infringement?... Read more about The Immorality of Theft, the Amorality of Infringement

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