Article Archive for August 2011
Please submit completed IP-related papers and a cover page with your name and the title of the article by 5pm EST on August 31st, 2011 to ipbrief@wcl.american.edu.
The colors used in sugar-substitute packaging may serve as the basis for a trade dress infringement claim.
California- based software company PacketVideo sues the newest music streaming service, Spotify, for patent infringement. Tech blogs are claiming that this is another example of an infringement case based largely on an overly broad patent.
The American University Intellectual Property Brief is pleased to announce the publication of its Summer 2011 issue.
This article argues that amici could protect the public domain and enforce the public notice function of patent claims. Also, having the litigants restrict the range of interpretations a court may consider leaves the public interest aspects out of the decision-making process. This article contrasts the litigation-driven interpretations and the objective rules of construction and examines whether an amicus group representing the public interest might be excluded from claim interpretation proceedings.
Alarming average temperature increases of the Earth’s surface and oceans have prompted global action to curtail the human population’s impact on climate change. First, this article addresses the current intergovernmental legal framework relating to climate change and the international transfer of climate change mitigation and adaptation technologies. This article also addresses some of the perceived barriers and possible solutions and an optimal solution based on the current international framework and evidence of technology transfer barriers.
The Federal Circuit’s 2-1 Myriad decision upholding the patentability of isolated human genes represents sound judgment and takes into account the well-settled expectations of the parties affected by the ruling.
In response to a trademark infringement lawsuit, the makers of Minecraft offer to settle— with a Quake 3 tournament where the winner takes all. While vastly entertaining, the unique settlement offer highlights the ability to creatively negotiate terms that could benefit both sides of the dispute.
Based on the recent experiences of European and Japanese companies in the high-speed rail industry, those who wish to protect patents and avoid creating competitors may want to steer clear of technology-transfer agreements with Chinese enterprises.
If even Weird Al, whose works are clearly parodies and thus should clearly be fair use, cannot rely solely on fair use, then perhaps there are problems with our fair use doctrine, and there needs to be more education and awareness of the rights granted to the American public.
