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Patent Examiners and Litigation Outcomes

Shine Tu

Conventional wisdom argues that unnecessary litigation of low quality patents hinders innovation, and that the PTO could play a role with its high grant rates. Accordingly, it is important to answer these questions: (1) which patent examiners are issuing litigated patents, (2) are examiners who are “rubber stamping” patents issuing litigated patents at a disproportionately higher rate, and (3) are examiners with less experience issuing more litigated patents? In sum, do patent examiners who issue litigated patents have common characteristics?... Read more about Patent Examiners and Litigation Outcomes

  • June 18, 2014
  • 17 Stan. Tech. L. Rev. 507

Licensing in the Shadow of Copyright

Peter DiCola
David Touve

Copyright offers protection to creative works, but new technologies put pressure on that protection. Copyright owners and technology firms negotiate over new ways of distributing and transmitting creative works. Understanding the shadow that copyright casts on private negotiations will allow policy makers to better design the statute in a way that encourages more competition, diversity, and transactional efficiency in markets for digital goods.... Read more about Licensing in the Shadow of Copyright

  • May 6, 2014
  • 17 Stan. Tech. L. Rev. 397

Market Harm, Market Help, and Fair Use

David Fagundes

Judges, commentators, and practitioners alike agree that the final factor of copyright’s four-part statutory fair use defense to copyright infringement requires judges to consider “market harm.” That is, all sources understand this fair use factor to require analysis only of the deleterious economic effects of the defendant’s use on the market for or value of the plaintiff’s work of authorship. Yet this widespread consensus lies at odds with the plain language of the Copyright Act itself, which dictates that fair use analysis requires consideration of all ... Read more about Market Harm, Market Help, and Fair Use

  • April 20, 2014
  • 17 Stan. Tech. L. Rev. 359

2014 Symposium: Privacy Challenges in the Internet Age

STLR Editors

The Stanford Technology Law Review will be holding a symposium on Friday, April 11, 2014 addressing privacy challenges and legislative issues in the digital age. Topics will include the impact of the 2013 California Online Privacy Protection Act, Internet torts and cybercrimes, and the recent push by Internet activists and industry to reform the federal Electronic Communications Privacy Act. Registration is free ... Read more about 2014 Symposium: Privacy Challenges in the Internet Age

Overlapping Intellectual Property Doctrines: Election of Rights Versus Selection of Remedies

Laura A. Heymann

Overlaps exist across various doctrines in federal intellectual property law. Software can be protected under both copyright law and patent law; logos can be protected under both copyright law and trademark law. Design patents provide a particular opportunity to consider the issue of overlap, as an industrial design that qualifies for design patent protection might also, in particular circumstances, qualify for copyright protection as well as function as protectable trade dress.... Read more about Overlapping Intellectual Property Doctrines: Election of Rights Versus Selection of Remedies

  • April 1, 2014
  • 17 Stan. Tech. L. Rev. 239

Progress and Competition in Design

Mark P. McKenna & Katherine J. Strandburg

This Article argues that applying patent-like doctrine to design makes sense only for a design patent system premised on a patent-like conception of cumulative progress that permits patent examiners and courts to assess whether a novel design reflects a nonobvious step beyond the prior art. If there is a meaningful way to speak of such an inventive step in design, then design patent doctrine should be based on that conception. But if nonobviousness has no sensible meaning in design, then a patent system cannot work for design.... Read more about Progress and Competition in Design

  • March 5, 2014
  • 17 Stan. Tech. L. Rev. 1

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