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The article discusses ICANN’s new generic top-level domains and describes related rights protection mechanisms such as the Trademark Clearinghouse and Uniform Rapid Suspension.
In the absence of comprehensive federal privacy legislation, state actions on privacy have far greater impact. It’s up to the states to govern wisely.
The laws and systems of intellectual property, particularly patents, are to some degree incompatible with open innovation. However, open innovation does not per se rule out the use of patents and other forms of intellectual property to protect the parties to an OI project. This article discusses some primary IP issues affecting open innovation and provides an overview of some key issues currently affecting the OI world.
The “Italian torpedo” is one of the most interesting and creative strategies in patent litigation. But what is it and what might patentees do to defend against it?
Producing patent owners must show actual notice to the infringer or constructive notice by marking to be entitled to pre-suit damages. To reduce innocent infringement, and decrease undesirable PAE litigation, Congress should amend Section 287 to apply these limitations to PAEs as well.
The article reviews the economic approaches that have been used to meet the Uniloc decision and also discusses how juries determine damages, as well as how damages claims may be best presented to juries.
Legal constructs, including intellectual property, relate back to how the mind is defined and what it produces. Here, the author explores the future of the mind in law and science.
A look at recent developments in pro bono opportunities in the area of intellectual property law.
States are becoming increasingly and aggressively involved in combatting bad faith demand letters that target businesses. With an ever-growing number of states enacting their own statutory schemes, multiple systemic conflicts may be emerging.
Litigation over copyrights in pre-1972 sound recordings have been filling U.S. court dockets. This article explores the current legal issues in depth and provides guidelines for dealing with them.
The column provides highlights of recent trademark, copyright, trade secret, and patent cases.