Intellectual Property
Overview
Intellectual property (IP) law developed over time to protect different forms of intangible subject matter. The concept is not new: Jewish law early on prohibited plagiarism, calling it "g'neivat da'at," or stealing the mind. The earliest use of the term "intellectual property" was in an 1845 Massachusetts Circuit Court ruling in a patent case.
The term intellectual property did not come into common usage in the United States until December 1980, when Congress enacted the Bayh-Dole Act or Patent and Trademark Law Amendments Act, 35 U.S.C. § 200-212. The Act gave U.S. universities, non-profits and small businesses control over their inventions resulting from federal government-funded research. Since then, the protections afforded intellectual property have expanded exponentially.
Featured Cases
Authors Guild, Inc. v. Hathitrust
12-4547
Filed in Second Circuit Court of Appeals
Type of Suit: Copyrights
Plaintiff - Appellant: Authors Guild, Inc., Australian Society Of Authors Limited, Australian Society Of Authors Limited, Union Des Ecrivaines Et Des Ecrivains Quebecoi, Pat Cummin and other. Defendant - Appellee: Hathitrust, Regents Of The University Of Michigan, Regents of the University of California, Board Of Regents Of The University Of Wisconsin System, Trustees Of Indiana University and other.Cambridge University Press, et al v. J. Albert, et al
12-15147
Filed in Eleventh Circuit Court of Appeals
Type of Suit: Copyrights
Plaintiff - Appellant: CAMBRIDGE UNIVERSITY PRESS, OXFORD UNIVERSITY PRESS, INC. and SAGE PUBLICATIONS, INC. Defendant - Appellee: J. L. ALBERT, in his official capacity as Georgia State University Associate provost for Information Systems and Technology, KENNETH R. BERNARD, JR., in his official capacity as member of the Board of regents of the University System of Georgia, ROBERT F. HATCHER, in his official capacity as Vice Chair of the Board of Regents of the Univesity System of Georgia, W. MANSFIELD JENNINGS, JR., in his official capacity as member of the Board of Regents of the University System of Georgia and MARK P. BECKER and other.Rimowa GmbH v. Marvel Entertainment LLC et al
2:2012cv06651
Filed in California Central District Court
Type of Suit: Trademark
Defendant: Buena Vista Home Entertainment Inc, Hot Toys Limited and Marvel Entertainment LLC. Plaintiff: Rimowa GmbH.
Judge: Michael W FitzgeraldMarino Institute of Continuing Legal Education, Inc. v. Issa et al
1:2012cv04320
Filed in New York Southern District Court
Type of Suit: Copyrights
Plaintiff: Marino Institute of Continuing Legal Education, Inc. Defendant: Omar Issa, Lionyx Solutions Corporation, Matt Partain, MP Innovations, Inc. and IPLS Global and other.
Judge: Victor Marrero
Cause Of Action: Copyright InfringementAdidas America, Inc et al v. Seven Wells, LLC
3:2012cv00859
Filed in Oregon District Court
Type of Suit: Trademark
Plaintiff: Adidas America, Inc and adidas AG. Defendant: Big 5 Sporting Goods Corporation, Seven Wells, LLC and World Industries, Inc.
Judge: Paul Papak
Cause Of Action: Trademark Infringement
Dockets
Killer Joe Nevada, LLC v. Does 1-20
1:2013cv01309
Filed in Colorado District Court
Type of Suit: Copyrights
Plaintiff: Killer Joe Nevada, LLC. Defendant: John Does 1-20.
Cause Of Action: Copyright InfringementTest1 v. Test2
1:2013cv21780
Filed in Florida Southern District Court
Type of Suit: Trademark
Cause Of Action: Trademark InfringementMalibu Media LLC et al
1:2013cv03726
Filed in Illinois Northern District Court
Type of Suit: Copyrights
Plaintiff: Malibu Media LLC and John Doe.
Cause Of Action: Copyright InfringementArrivalStar S.A. et al v. Star Sensor Technology, LLC
1:2013cv03695
Filed in Illinois Northern District Court
Type of Suit: Patent
Plaintiff: ArrivalStar S.A. and Melvino Technologies Limited. Defendant: Star Sensor Technology, LLC.
Judge: Matthew F. Kennelly
Cause Of Action: Patent InfringementFoxit Corporation v. Zinio LLC.
3:2013cv02264
Filed in California Northern District Court
Type of Suit: Copyrights
Plaintiff: Foxit Corporation. Defendant: Zinio LLC.
Judge: Susan Illston
Cause Of Action: Copyright Infringement
Legislation
Bill Introduced: S.884 Deter Cyber Theft Act
A bill to require the Director of National Intelligence to develop a watch list and a priority watch list of foreign countries that engage in economic or industrial espionage in cyberspace with respect to United States trade secrets or proprietary information, and for other purposes.Bill Introduced: S.866 Patent Quality Improvement Act of 2013
A bill to make improvements to the transitional program covered business method patents, and for other purposes.Bill Introduced: H.R.1663 Promoting Automotive Repair, Trade, and Sales Act of 2013
To amend title 35, United States Code, to provide for an exception from infringement for certain component parts of motor vehicles.Bill Introduced: S.780 Promoting Automotive Repair, Trade, and Sales Act of 2013
A bill to amend title 35, United States Code, to provide for an exception from infringement for certain component parts of motor vehicles.Bill Introduced: S.712 Patents for Humanity Program Improvement Act of 2013
A bill to allow acceleration certificates awarded under the Patents for Humanity Program to be transferrable.
Regulations
Proposed Rule - Discontinuance of Form CO in Registration Practices
Copyright Office, Library of Congress
Proposed Rule
Discontinuance of Form CO in Registration Practices
,
60774-60777 [2011-25230]
LIBRARY OF CONGRESS Copyright Office 37 CFR Parts 201 and 202 [Docket No. 2011-8] Discontinuance of Form CO in Registration Practices AGENCY: Copyright Office, Library of Congress. ACTION: Notice of Proposed Rulemaking and request for comments. SUMMARY: The United States Copyright Office is proposing to amend its regulations to discontinue use of the Form CO application as an option for applying for copyright registration; and remove the references to CON 1 and CON 2 sheets. Form CO... [read document]
View Document | Download PDFProposed Rule - Exemption to Prohibition on Circumvention of Copyright Protection Systems for ...
Copyright Office, Library of Congress
Proposed Rule
Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies
,
60398-60405 [2011-25106]
LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2011-7] Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies AGENCY: Copyright Office, Library of Congress. ACTION: Notice of inquiry and request for comments. SUMMARY: The United States Copyright Office is preparing to conduct proceedings in accordance with provisions added by the Digital Millennium Copyright Act which provide that the Librarian of Congress, upon the... [read document]
View Document | Download PDFProposed Rule - Designation of Agent to Receive Notification of Claimed Infringement
Copyright Office, Library of Congress
Proposed Rule
Designation of Agent to Receive Notification of Claimed Infringement
,
59953-59960 [2011-24780]
LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2011-6] Designation of Agent To Receive Notification of Claimed Infringement AGENCY: Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking and request for comments. SUMMARY: The Copyright Office is issuing this Notice of Proposed Rulemaking to solicit public comment on proposals to update its interim regulations governing the designation by online service providers of agents to receive notifications of... [read document]
View Document | Download PDFRule - Changes to Implement Prioritized Examination Track of Enhanced Examination Timing ...
Patent and Trademark Office
Rule
Changes to Implement Prioritized Examination Track of Enhanced Examination Timing Control Procedures
,
59050-59055 [2011-24467]
DEPARTMENT OF COMMERCE United States Patent and Trademark Office 37 CFR Part 1 [Docket No.: PTO-P-2011-0039] RIN 0651-AC62 Changes To Implement the Prioritized Examination Track (Track I) of the Enhanced Examination Timing Control Procedures Under the Leahy- Smith America Invents Act AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule. SUMMARY: On April 4, 2011, the United States Patent and Trademark Office (Office) published a final rule that revised the rules of... [read document]
View Document | Download PDFRule - Revision of Standard for Granting Inter Partes Reexamination Request
Patent and Trademark Office
Rule
Revision of Standard for Granting Inter Partes Reexamination Request
,
59055-59058 [2011-24464]
DEPARTMENT OF COMMERCE United States Patent and Trademark Office 37 CFR Part 1 [Docket No. PTO-P-2011-0037] RIN 0651-AC61 Revision of Standard for Granting an Inter Partes Reexamination Request AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule. SUMMARY: The United States Patent and Trademark Office (Office) is revising the rules of practice governing inter partes reexamination to implement a transition provision of the Leahy-Smith America Invents Act that changes... [read document]
View Document | Download PDF
Articles
Trademarks, Triggers, and Online Search
Catherine Tucker Massachusetts Institute of Technology (MIT) - Management Science (MS) Date Posted: May 19, 2013 Working Paper Series 6 downloads The New American Privacy Georgetown Journal of International Law, Vol. 44, No. 2, 2013 Richard J. Peltz-Steele UMass Dartmouth Date Posted: May 18, 2013 Accepted Paper Series 14 downloads Conflict Resolution, Public Goods and Patent Thickets CEPR Discussion Paper No. DP9468 Dietmar Harhoff , Georg von Graevenitz and Stefan Wagner Ludwig Maximilians University of Munich - Institute for Innovation Research, Technology Management and Entrepreneurship (INNO-tec) , University of East Anglia in London and ESMT European School of Management and Technology Date Posted: May 17, 2013 Working Paper Series Capital Gains Jabberwocky: Capital Gains, Intangible Property, and Tax Hofstra Law Review, Vol. 41, No. 359, 2012 Steve Black Texas Tech University School of Law Date Posted: May 17, 2013 Accepted Paper Series 3 downloads Is Patent Claim Interpretation Review Deference or Correction Driven? Christopher Anthony Cotropia University of Richmond School of Law Date Posted: May 17, 2013 Working Paper Series 5 downloads College Textbooks, Price Arbitrage, Copyright, Business Models, and More Bellarmine Pre-Law Review, Vol. 3, No. 1, pp. 45-49, 2013 Margo E. K. Reder Boston College - Carroll School of Management Date Posted: May 15, 2013 Last Revised: May 16, 2013The Protection of Traditional Foods in the European Union: Traditional Specialities Guaranteed
European Law Journal, 2013, Forthcoming Andrea Tosato Dickson Poon School of Law, King's College London Date Posted: April 03, 2013 Last Revised: May 11, 2013Double or Nothing: Technology Transfer Under the Bayh-Dole Act
Business Innovation and the Law: Perspectives from Intellectual Property, Labour, Competition and Corporate Law, 2013 (Marilyn Pittard, Ann Monotti, and John Duns eds. Edward Elgar Publishing Ltd.), NYU School of Law, Public Law Research Paper No. 13-22, NYU Law and Economics Research Paper No. 13-13 Rochelle C. Dreyfuss New York University - School of Law Date Posted: April 02, 2013 Last Revised: May 09, 2013The Leahy-Smith America Invents Act: A New Paradigm for International Harmonisation?
24 Singapore Academy of Law Journal 669 (2012), NYU School of Law, Public Law Research Paper No. 13-18 Rochelle C. Dreyfuss New York University - School of Law Date Posted: April 04, 2013 Last Revised: May 09, 2013Market Structure, FDI, Imitation and Innovation: An Empirical Verification Based on North-South ...
Arindam Banik International Management Institute Date Posted: May 15, 2013 Working Paper Series Copyleft in the Clouds Free and Open Source Software: Policy, Law and Practice, edited by Noam Shemtov & Ian Walden (OUP, 2013), Forthcoming Jakub Mencl and W. Kuan Hon University of Economics in Prague and Queen Mary University of London, School of Law - Centre for Commercial Law Studies Date Posted: May 11, 2013 Accepted Paper Series 6 downloads The Welfare Implications of Patent Protection, Pricing, and Licensing in the Indian Oral Anti-Diabetic Drug Market Chirantan Chatterjee , Kensuke Kubo and Viswanath Pingali Indian Institute of Management (IIMB), Bangalore , Institute of Developing Economies, Japan External Trade Organization and Indian Institute of Management (IIM), Ahmedabad Date Posted: May 11, 2013 Working Paper Series 12 downloads A U.S. Court Issues First Analysis of an Appropriate Royalty that a Patentee Could Obtain after Promising to License its Patent on Reasonable and Nondiscriminatory (RAND) Terms (Microsoft v Motorola) e-Competitions Bulletin, No 51802, 2013 Michael A. Carrier Rutgers University School of Law - Camden Date Posted: May 11, 2013 Accepted Paper Series 22 downloads Open Government Data: A Focus on Key Economic and Organizational Drivers Raimondo Iemma Politecnico di Torino Date Posted: May 10, 2013 Working Paper Series 2 downloads Lâaccès à lâinformation et le droit à la santé : La transparence des essais cliniques comme une obligation dans le contexte des droits de lâHomme (Access to Information and the Right to Health: Transparency of Clinical Trials as a Human Rights Obligation) Louise Lalonde, ed., Le droit, vecteur de la gouvernance en santé? Défis théoriques et enjeux pratiques de lâaccès aux soins de la santé (Sherbrooke: Ãditions Revue de Droit de L'Université De Sherbrooke, 2012) pp. 131-167, Trudo Lemmens and Candice Telfer University of Toronto - Faculty of Law and Independent Date Posted: May 09, 2013 Accepted Paper Series 3 downloads The Emergence of Openness: How Firms Learn Selective Revealing in Open Innovation Joachim Henkel , Simone Schöberl and Oliver Alexy TUM School of Management - Technische Universität München (TUM) , McKinsey & Company Inc. and Technische Universität München (TUM), TUM School of Management Date Posted: May 07, 2013 Working Paper Series 7 downloads Borders and Distance in Knowledge Spillovers: Dying Over Time or Dying with Age? - Evidence from Patent Citations Yao Amber Li Hong Kong University of Science and Technology Date Posted: May 07, 2013 Working Paper Series 4 downloads Antitrust Considerations in IP Monetization Transactions IP Monetization 2013: Maximize the Value of Your IP Assets (Practising Law Institute 2013) Yee Wah Chin Ingram Yuzek Gainen Carroll & Bertolotti, LLP Date Posted: May 06, 2013 Accepted Paper Series 11 downloads Do Pharmaceutical Firms Invest More Heavily in Countries with Data Exclusivity? Currents International Trade Law Journal, Summer 2013 Mike Palmedo American University - Program on Information Justice and Intellectual Property Date Posted: May 04, 2013 Last Revised: May 07, 2013
