Marquette Intellectual Property Law Review

Articles from Vol. 15, No. 2, Summer

ACTA Fool Or: How Rights Holders Learned to Stop Worrying and Love 512's Subpoena Provisions
I. "2 FAST, 2 FURIOUS" OR INTRODUCTION II. "SOME FOOLS SLIPPED UP AND OVER STEPPED THEIR BOUNDARIES" OR: CURRENT U.S. LAW III. "IT SEEMS THEY WANNA FINGER PRINT ME AND GIMME SOME YEARS" OR: THE ACTA AGREEMENT IV. "YOU'LL BE LIKE LIL. JOHN...
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Balancing Acts: Using a Mixed Test to Ensure Better Results in Rule of Reason Patent Misuse Analysis within Section 337
INTRODUCTION I. SECTION 337, THE ITC, AND THE FEDERAL CIRCUIT A. What is Section 337? B. Section 337: The International Trade Commission and Patent Litigation C. Section 337 Appeals and the Federal Circuit II. PATENT MISUSE...
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Canada and the Three-Step Test: A Step in Which Direction?
It is a real pleasure and honor to be here with you and to have an opportunity to talk about copyright reform in Canada. In particular, since this reform process is taking place with a particular international perspective in mind, it should provide...
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Can the Patent Office Be Fixed?
I. THE PROBLEM OF BAD PATENTS II. CAN THE PROBLEM BE SOLVED? A. What Won't Work 1. Preventing Fee Diversion 2. Fee-setting Authority 3. Retaining Patent Examiners 4. Outsourcing Search B. What Might...
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Coercion Will Not Protect Trademark Owners in China, but an Understanding of China's Culture Will: A Lesson the United States Has to Learn
ABSTRACT INTRODUCTION I. CHINA RESPONDS TO FOREIGN PRESSURE AND OVERHAULS ITS NATIONAL LEGAL SYSTEM TO PROTECT TRADEMARK RIGHTS A. Trademark Rights Protection in China: Awareness of the Risk B. Trademark Law Enforcement in China: Myth or Reality? II....
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Intellectual Property Rights and Exclusive (Subject Matter) Jurisdiction: Between Private and Public International Law
INTRODUCTION A. Exclusive Jurisdiction Between Public and Private International Law B. Common Law and Civil Law Perspectives I. THESES PURPORTING THAT COMITY, THE ACT OF STATE DOCTRINE AND THE TERRITORIALITY PRINCIPLE ...
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MedImmune V. Genentech: A Game-Theoretic Analysis of the Supreme Court's Continued Assault on the Patentee
Abstract Introduction I. Background A. The Federal Circuit's Reasonable Apprehension Standard B. MedImmune, Inc. v. Genentech, Inc C. Federal Circuit's Response to MedImmune 1. SanDisk Corp. v. ST Microelectronics,...
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Using Intellectual Property to Secure Financing after the Worst Financial Crisis since the Great Depression
INTRODUCTION I. BACKGROUND AND HISTORY OF USING INTELLECTUAL PROPERTY TO SECURE FINANCING A. Background On Patents B. Background on Trade Secrets C. Background on Trademarks D. Background on Copyrights E. Statutory...
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