Northwestern Journal of Technology and Intellectual Property

Articles

Vol. 14, No. 3, 2017

Appellate Jurisprudence in the Internet Age: "Meet the New Boss, Same as the Old Boss." 1
"Meet the new boss, same as the old boss."1Introduction¶1 Since the birth of legal information, lawyers and judges have been tasked with finding the relevant law, applying it to a set of facts, and arguing for an outcome that will solve the legal issue...
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Top Tens in 2015: Patent, Trademark, Copyright and Trade Secret Cases
I. PatentA.Teva Pharm. USA, Inc. v. Sandoz, Inc.3¶1 The key issue in many patent cases is interpretation of the relevant patent claim. A broad or narrow reading of the claim may control whether the patent is valid and whether there has been infringement....
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Double Patenting: Follow-On Pharmaceutical Patents That Suppress Competition
1850: Samuel Morse "could not take out a subsequent patent for a portion of his first invention [the telegraph], and thereby extend his monopoly beyond the period limited by law."11894: "[N]o patent can issue for an invention actually covered by a former...
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The Effects of Alice on Covered Business Method (CBM) Reviews
I. SUMMARYMany studies have tracked aspects of Patent Trial and Appeal Board (PTAB) outcomes, but none have specifically analyzed Covered Business Method (CBM) outcomes at both the institution and final decision stages by ground.1 Practitioners, policymakers,...
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Got Bacon?: The Use of A Bioethics Advisory Board in Assessing the Future of Transgenic Animal Technology
INTRODUCTIONWould you feed your baby genetically modified human breast milk produced by a cow? What about genetically modified goat milk that combats diarrhea in children? Would your opinion change about these issues if this technology improves the world's...
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Vol. 15, No. 2, 2017

The Case against Property Rights in Old Intangible Indigenous Cultural Property
Note-This article expands on a chapter to be published as "The Failed Case for Property Rights in Intangible Indigenous Cultural Property", in Christoph Antons and William Logan (eds.) Intellectual Property, Cultural Property and Intangible Cultural...
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The Reality of Augmented Reality and Copyright Law
IntroductionDigital technology continually evolves in a variety of mediums. Innovation increases one's ability to express ideas and facts through new technological facets. In the realm of augmented reality ("AR"), this has taken on different forms by...
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Top Tens in 2016: Patent, Trademark, Copyright and Trade Secret Cases
I. PATENTA. Halo Elecs., Inc. v. Pulse Elecs., Inc.1Several notable recent Supreme Court cases in patent law tend to weaken the power of patent holders. Alice,2 along with this term's Cuozzo and Apple decisions cut back on patentable subject matter....
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Patenting Frankenstein's Monster: Exploring the Patentability of Artificial Organ Systems and Methodologies
IntroductionEvery Frankenstein movie, book, comic strip, and television show demonstrates that, in biotechnology, "just because something can be done does not mean that it should be done."1 Scientific progress in the fields of tissue engineering and...
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Practicing Law without Legal Training: The Expanded Authorization of Non-Lawyers under the AIA
INTRODUCTIONConsider a student who graduates in the top 20% of his class. He is an enterprising individual and, rather than working for a law firm, elects to start his own practice after passing the bar. After several months of counseling small clients...
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Vol. 14, No. 2, 2016

The Angel on Your Shoulder: Prompting Employees to Do the Right Thing through the Use of Wearables
INTRODUCTIONIt is an age-old philosophical question: are people ethical just because our human nature desires such nobility, or do we pay attention to ethics only from the fear of being caught? Memorably posed by Plato in The Ring of Gyges,1 the provocateur...
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University Technology Transfer - Profit Centers or Black Holes: Moving toward a More Productive University Innovation Ecosystem Policy
INTRODUCTIONBeyond an abstract theory of how the Bayh-Dole Act ("the Act")1 should operate, this article focuses on the practical application and the implications of the Act in our current university system. Having worked closely with university professors...
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Fiduciary Duties of Directors When Managing Intellectual Property
I. FIDUCIARY DUTIES OF DIRECTORSUnder Delaware corporate law, directors of a corporation are required to perform their duties to the corporation with due care, loyalty, and in good faith. Due care requires that the directors make informed decisions,...
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Vol. 14, No. 1, 2016

Making Civilian Drones Safe: Performance Standards, Self-Certification, and Post-Sale Data Collection
I. INTRODUCTION¶1 The Federal Aviation Administration ("FAA") acknowledges that its traditional processes for assuring the safety of airplanes and helicopters are unsuitable for the growing number of small drones:[T]he FAA's current processes for issuing...
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3D Printing: Digital Infringement & Digital Regulation
INTRODUCTION¶1 Guns. Body parts. Implants for medical uses. Apparel and fashion accessories. Jewelry. Artwork. What do these all have in common? Each is a 3D printed object that can quickly and easily be printed by Do It Yourself ("DIY") consumers.1...
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Press Clause and 3D Printing
"Progress of human civilization in the area of defining human freedom is not made from the top down. No king, no parliament, no government ever extended to the people more rights than the people insisted upon."2-Terence McKenna.3¶1 Technology is progressing...
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Vol. 13, No. 3, 2015

All Your Air Right Are Belong to Us
INTRODUCTION¶1 Privacy and property rights have a unique relationship with each other. The two subjects do not overlap in many contexts, but they intersect in some very important ways. This Article focuses on one of those areas of intersection, that...
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Hacking the Anti-Hacking Statute: Using the Computer Fraud and Abuse Act to Secure Public Data Exclusivity
MINTRODUCTION¶1 Work smarter, not harder. Perhaps no other saying better captures the era of hyperproductivity and automation in which we live. Titles such as 'Top Ten Hacks to Avoid Paywalls,' 'Five Ways You're Wasting Your Time,' and 'One Weird Trick'...
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Top Tens in 2014: Patent, Trademark, Copyright and Trade-Secret Cases
INTRODUCTION¶1 The Supreme Court decided more patent-related cases in 2014 than in any previous year.1 It lowered the standard for awarding fees in patent cases,2 clarified that the patent holder carries the burden of showing infringement even in declaratory...
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In Cyclobenzaprine, an Objective Failure to Reach a Long-Felt Need in Secondary Considerations Jurisprudence
INTRODUCTION¶1 The process of determining what inventions are deserving of a patent has been fraught with difficulty since the idea of awarding exclusive rights to an invention was implemented. In order to determine which inventions are important enough...
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The Aftermath of Louis Vuitton: Why Bringing a Trademark Infringement Case in the ITC Is a Viable Option
INTRODUCTION¶1 The United States Tariff Act of 1930 (hereinafter "the Act"), 19 U.S.C. § 1337, prohibits unfair acts and unfair methods of competition involving the importation or sale of infringing goods in the United States.1 The Act specifically prohibits...
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Vol. 13, No. 2, 2015

A Target to the Heart of the First Amendment: Government Endorsement of Responsible Disclosure as Unconstitutional
I. INTRODUCTIONBrian Krebs, a former reporter for the Washington Post now known for his blog Krebs on Security,1 remained relatively unknown for most of his career. But in December 2013, Mr. Krebs decided to do something that would affect millions of...
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Vol. 13, No. 1, 2015

Exclusive Rights to Saving the Planet: The Patenting of Geoengineering Inventions
I. INTRODUCTION¶1 The Fifth Assessment Report of the United Nations' Intergovernmental Panel on Climate Change warns that the planet is rapidly reaching a dangerous level of warming.1 Furthermore, it reports that much of the carbon dioxide causing this...
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The New Wild West: Preventing Money Laundering in the Bitcoin Network
I. INTRODUCTION¶1 Bitcoin1 is the most popular, decentralized virtual currency in the world.2 Created by the enigmatic Satoshi Nakamoto in 2009,3 Bitcoin's propagation and use has caused heated controversy.4 Businesses both large and small have begun...
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Protecting Johnny Football®: Trademark Registration for Collegiate Athletes
INTRODUCTION¶1 In 2012, Johnny Manziel became the first freshman to win the Heisman Trophy, adding to his growing notoriety as one of the most exciting quarterbacks in college football. As media scrutiny and expectations intensified, Johnny Manziel,...
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You're Fired: Pack Everything but Your Social Media Passwords
INTRODUCTION¶1 The global proliferation of social media has transformed these online platforms- once used almost exclusively by young, tech-savvy Millennials1-into transcontinental mediums of communication and expression. Through social media, dictatorships...
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Vol. 12, No. 4, 2014

More Than the Sum of All Parts: Taking on IP and IT Theft through a Global Partnership
I. INTRODUCTIONThis Article describes some of the efforts, both within and outside the United States, to control the epidemic of intellectual property and information technology (IP and IT) theft. Those engaged in the battle include prosecutors and judges,...
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Inhibiting Patent Trolling: A New Approach for Applying Rule 11
INTRODUCTIONThere has been an alarming rise in the number of litigious entities-commonly referred to as patent trolls or non-practicing entities (NPEs)-that make no products but file dubious patent infringement lawsuits merely to extract money from commercially...
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E-Commerce Clones: Entrepreneurship or Intellectual Property Theft?
AN INTRODUCTION TO E-COMMERCEElectronic commerce (e-commerce) refers to any commercial activity in which an electronic communication medium plays a central role in the exchange of money for goods and services.* 1 First made available to consumers in...
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To Cure the E-Discovery Headache, Revamp the Rule 26(f) Discovery Conference
INTRODUCTIONIn 1938, the passage of the Federal Rules of Civil Procedure (FRCP) established discovery practice. Discovery was idealistically intended to be a cooperative and self- regulating process that would function largely free from judicial intervention.*...
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Vol. 12, No. 3, 2014

Finding Privacy in a Sea of Social Media and Other E-Discovery
I. INTRODUCTION¶1 Electronic discovery is one of the biggest challenges our courts face today.1 Its vast scope complicates the system in which relevant information is exchanged, and its expense can be overwhelming.2 Given the very low number of cases...
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Top Tens of 2013: Patent, Trademark, Copyright, and Trade Secret Cases
INTRODUCTION¶1 In 2013, the Supreme Court continued its recent concentration on patent law. The Court decided four patent cases: it held isolated human DNA is not patentable; lawsuits alleging legal malpractice in patent cases are to be litigated in...
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Vol. 12, No. 2, 2014

Digital Forensic Evidence in the Courtroom: Understanding Content and Quality
¶1 With the widespread permeation of continually advancing technologies into our daily lives, it is inevitable that the product of those technologies, i.e. digital information, makes its way into the courtroom. This has largely occurred in the form of...
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It Takes a Village to Make a Difference: Continuing the Spirit of Copyright
INTRODUCTION¶1 Beginning in 2013, every year will bring with it the opportunity for music artists and songwriters to reclaim rights they gave away thirty-five years prior. 17 U.S.C § 203, introduced by the Copyright Act of 1976 ("1976 Act"), allows them...
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Vol. 12, No. 1, 2014

Lawful Hacking: Using Existing Vulnerabilities for Wiretapping on the Internet
I. INTRODUCTION¶1 For several years, the FBI has warned that newer communications technologies have hindered its ability to conduct electronic surveillance.6 Valerie Caproni, General Counsel of the FBI, said in Congressional testimony:Methods of accessing...
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Pliers and Screwdrivers as Contributory Infringement Devices: Why Your Local Digital Repair Shop Might Be a Copyright Infringer, and Why We Must Stop the Craziness
I. INTRODUCTION¶1 In the mid- to late-1980s, many drivers were amazed when their vehicles began giving them practical advice; a malfunction indicator light would illuminate a phrase, such as "check engine," and the illumination would signal to the driver...
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In Re K-Dur Antitrust Litigation: Reopening the Door for Pharmaceutical Competition
¶1 One of the most controversial legal questions in the pharmaceutical industry today concerns settlements of patent infringement suits between branded and generic drug companies.1 These settlements, which are byproducts of the Hatch-Waxman Act, involve...
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Strategic Assertions: Evading the Patent Marking Requirement
I. INTRODUCTION¶1 The superfluous distinction that federal courts have drawn between marking requirements for patented articles and marking requirements for articles that are associated with patented methods has been improperly perpetuated and continues...
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