Reflections from the Trademark Scholars Roundtable
In this volume are published works reflecting the conversations from the Fourth Trademark Scholars Roundtable at DePaul University in 2012. The Trademark Scholars Roundtable participants discussed a wide range of approaches to understanding and limiting the ever-increasing sprawl of trademark rights.
Reflections on the Patent Scope Revisited Conference
This issue focuses on vehicles external to the patent system and the impact that they may have on determining scope of rights for patents. Included in this issue are conversations about the perceived formalistic behavior of the Federal Circuit and argument for courts to consider extrinsic evidence for interpretation of claim construction, giving way to policy considerations of productive directions for patent scope.
In this volume, we are pleased to publish scholarship from Christopher Holman on the impact of gene patents on whole genome sequencing.
This volume includes scholarship from across the globe. From the United States, we present the work of Professor Jamie Lund, Saint Mary’s University School of Law; Professor Jonathan Stroud, American University Washington College of Law; and Professor Elizabeth Hayes, Texas Wesleyan School of Law. We are also proud to present scholarship from Professor Carl Mair from the University of Leiden (the Netherlands) and Professor Nicola Searle from the University of Abertay Dundee (Scotland, UK).
In this issue, a variety of scholarship and insight is presented by both academic scholars and practitioners from across the world. Horacio Gutiérrez of Microsoft discusses the evolution of industrial design protection in consideration of virtual and technological advancements in an essay. Blake Hartz of Woodard, Emhardt, Moriarty, McNett & Henry LLP presents an examination of the dissenting opinions penned by Judge Newman of the Federal Circuit. Andrew T. Langford, Maurer School of Law Class of 2013, describes parallels between contract interpretation and claim construction in the Federal Circuit. Xinbo Li, University of Illinois Urbana-Champaign Law School Class of 2011, LLM, presents a discussion on protection of fashion design in the intellectual property realm. Ling Jin and Yihong Ying of Rouse’s China Technology Group discuss the limitations of graphic user interface protection in China.
In this issue, scholars and practitioners from across the world present on a variety of issues, including trademark law, design protection, and open-source licensing. Dr. Vikrant Vasudeva discusses open-source software licensing and intellectual property rights. Irina Pak of the BPP Law School in the U.K. presents an essay on the evolution of European trademark rights. Professor Estelle Derclaye of the University of Nottingham, U.K., discusses design rights decisions and the future of design rights in the U.K. Professor Alexandra Roberts of the University of New Hampshire in Concord examines the effect of trademark law on the name change of educational institutions. Professor Sarah Burstein of the University of Oklahoma College of Law examines copyright protection of designs. Professor Jason Rantanen of the University of Iowa College of Law presents a discussion on inequitable conduct in patent suits. Camilla Hrdy of Berkeley Law considers in discussion state patent regimes as an alternative for inventors who disagree with the current patent system in the United States. Dean Timothy Holbrook of Emory University School of Law examines the interest of the Supreme Court in patent law.
This volume includes scholarship from Arpan Banerjee, who explores recent deveopments and policy considerations regarding India’s antitrust and patent law, particularly in the context of Standard Essential Patents (SEPs) in the ICT sector; scholarship from Jacob S. Sherkow and Jorge L. Contreras, who explore the world of surrogate licensing; scholarship from Stephen Yelderman on the geographic scope of patent damages; and scholarship from Greg Reilly about the relative stability of our patent system since the 19th Century despite recent changes brought about by the America Invents Act of 2011.
Senior Online Content and Podcast Editor: Alyssa Deckard
Senior Managing Editor: Jeff Soller
Senior Articles Editor: Ryan McDonnell
Editors: Trevor Jenkins, Ty Edwards, Derek Ventling, Sarah Eddy, Nick Palmieri, Nick Wheeler, Ken Guerra
Faculty Advisor and Primary Contact: Professor Michael Mattioli
Faculty Advisor: Professor Mark Janis
- Background Note: “Standard Essential Patents, Innovation and Competition: Challenges in India” by Arpan Banerjee, Jindal Global Law School in Delhi, India
- “Intellectual Property, Surrogate Licensing, and Precision Medicine” by Jacob S. Sherkow, New York Law School, & Jorge L. Contreras, S.J. Quinney College of Law, University of Utah
- “Proximate vs. Geographic Limits on Patent Damages” by Stephen Yelderman, Notre Dame Law School
- “Our 19th Century Patent System” by Greg Reilly, Chicago-Kent College of Law