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The Patent Option, Daniel J. Gervais 2019 Selected Works

The Patent Option, Daniel J. Gervais

Daniel J Gervais

There is a shift in the shape of intellectual property (IP) tools used to strengthen and lengthen the right of pharmaceutical companies to exclude others from making and marketing their products. Patents have traditionally been the tool of choice. Over the past two decades, however, pharmaceutical companies have increased their degree of reliance on a right known as “data exclusivity.” This right, which now exists in most major jurisdictions, is the right to prevent third parties from relying on the clinical trial data submitted by another pharmaceutical company to obtain marketing approval for a bioequivalent or biosimilar product. The right ...


Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement, Daniel J. Gervais 2019 Selected Works

Intellectual Property: A Beacon For Reform Of Investor-State Dispute Settlement, Daniel J. Gervais

Daniel J Gervais

Investor-state dispute-settlement (ISDS) clauses give multinational investors (corporations) a right to sue a state in a binding proceeding before an independent arbitration tribunal. This jurisgenerative right to file a claim in an international tribunal with mandatory jurisdiction is generally reserved to States. ISDS is a mechanism meant to protect the private property of multinational investors against certain acts of public authorities.

Intellectual Property differs from the more traditional private (property) law interests that ISDS aims to protect. IP incorporates public policy objectives such as innovation, access to information or public health that are reflected in limitations and exceptions to the ...


Exploring The Interfaces Between Big Data And Intellectual Property Law, Daniel J. Gervais 2019 Selected Works

Exploring The Interfaces Between Big Data And Intellectual Property Law, Daniel J. Gervais

Daniel J Gervais

This article reviews the application of several IP rights (copyright, patent, sui generis database right, data exclusivity and trade secret) to Big Data. Beyond the protection of software used to collect and process Big Data corpora, copyright’s traditional role is challenged by the relatively unstructured nature of the non-relational (noSQL) databases typical of Big Data corpora. This also impacts the application of the EU sui generis right in databases. Misappropriation (tort-based) or anti-parasitic behaviour protection might apply, where available, to data generated by AI systems that has high but short-lived value. Copyright in material contained in Big Data corpora ...


Teva And The Process Of Claim Construction, Lee Petherbridge, R. Polk Wagner 2019 University of Florida Levin College of Law

Teva And The Process Of Claim Construction, Lee Petherbridge, R. Polk Wagner

Florida Law Review

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court addressed an oft-discussed jurisprudential disconnect between itself and the U.S. Court of Appeals for the Federal Circuit: whether patent claim construction was “legal” or “factual” in nature, and how much deference is due to district court decision-making in this area. This Article closely examines the Teva opinion and situates it within modern claim construction jurisprudence. The thesis is that the Teva holding is likely to have only very modest effects on the incidence of deference to district court claim construction, but that for unexpected reasons the case is ...


Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen 2019 University of Florida Levin College of Law

Zombie Patents And Zombie Companies With Patents, Xuan-Thao Nguyen

Florida Law Review

The word “Zombie” has its roots in the Haitian French language, referring to the reanimation of the human corpse. “Zombie” has become ubiquitous in American popular culture; zombies seem to be everywhere from films, novels, comic books, video games, and botnets to tax. Of course, science fiction reincarnates zombies as post-human, appearing in different forms of the undead through viruses, diseases, and experimental accidents, among others. Debates about zombies find no agreement, but we can all agree that we know a zombie when we see it, and we don’t like what we see. While a zombie is the undead ...


Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips 2019 American University Washington College of Law

Symposium: Commodification, Intellectual Property And The Quilters Of Gee's Bend, Victoria F. Phillips

Victoria Phillips

No abstract provided.


Deep Fakes: Preserving Truth & Human Rights In An Era Of Truth Decay, Virginia Kozemczak 2019 Benjamin N. Cardozo School of Law

Deep Fakes: Preserving Truth & Human Rights In An Era Of Truth Decay, Virginia Kozemczak

Conference: The Social Practice of Human Rights

Lawmakers, technology companies, and the general public are increasingly concerned about the prevalence of “deep fake” videos. Often shared on social media platforms, these digitally altered videos are made possible with recent advances in machine learning and artificial intelligence.

Although altered and faked media content is not necessarily a new issue, images and videos can now be altered quickly, cheaply, and more convincingly than ever before. An underlying concern is that platforms will be overwhelmed with believable deep fakes, leaving Internet users struggling to discern fact from fiction. Yet a future in which no one call tell what is real ...


Berkheimer V. Hp Inc., 881 F.3d 1360 (Fed. Cir. 2018), Chelsea Murray 2019 DePaul University College of Law

Berkheimer V. Hp Inc., 881 F.3d 1360 (Fed. Cir. 2018), Chelsea Murray

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Dazed And Confused: Copyright Limitation, Elizabeth Sawyer 2019 DePaul University College of Law

Dazed And Confused: Copyright Limitation, Elizabeth Sawyer

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Net Neutrality: What To Expect From California's Net Neutrality Bill, Jesse King 2019 DePaul University College of Law

Net Neutrality: What To Expect From California's Net Neutrality Bill, Jesse King

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Who Cares About The Modern Creator?, Jacqueline Malzone 2019 University of Virginia Law School

Who Cares About The Modern Creator?, Jacqueline Malzone

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Makeup Or Fakeup?: The Need To Regulate Counterfeit Cosmetics Through Improved Chinese Intellectual Property Enforcement, Jennifer Lei 2019 Fordham University School of Law

Makeup Or Fakeup?: The Need To Regulate Counterfeit Cosmetics Through Improved Chinese Intellectual Property Enforcement, Jennifer Lei

Fordham Law Review

This Note examines whether new developments in intellectual property enforcement are able to fix the notorious counterfeiting issue in China, particularly with counterfeit cosmetics. Counterfeit cosmetics are a threat to public safety in the United States and globally, especially as the cosmetics industry continues to expand. There are two opposing views on whether China’s intellectual property regime—in light of the 2017 to 2019 developments—is able to address the issue. This Note proposes that even with recent developments, current laws and enforcement methods do not reduce counterfeit production. Instead, this Note argues that the Chinese government should use ...


Intellectual Property Law And The Right To Repair, Leah Chan Grinvald, Ofer Tur-Sinai 2019 Suffolk University Law School

Intellectual Property Law And The Right To Repair, Leah Chan Grinvald, Ofer Tur-Sinai

Fordham Law Review

This Article posits that intellectual property law should accommodate consumers’ right to repair their products. In recent years, there has been a growing push towards state legislation that would provide consumers with a “right to repair” their products. Currently, twenty states have pending legislation that would require product manufacturers to make available replacement parts and repair manuals. Unfortunately, though, this legislation has stalled in many of the states. Manufacturers have been lobbying the legislatures to stop the enactment of these repair laws based on different concerns, including how these laws may impinge on their intellectual property rights. Indeed, a right ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Commodity Futures Trading Com'n V. Mcdonnell 287 F.Supp.3d 213 (E.D.N.Y. 2018), Zach Johnston 2019 DePaul University

Commodity Futures Trading Com'n V. Mcdonnell 287 F.Supp.3d 213 (E.D.N.Y. 2018), Zach Johnston

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Rockwell V. Trustees Of The Berkshire Museum No. 1776cv00253, 2017 Wl 6940932 (Mass. Sup. Ct. Nov. 7, 2017), Kahlia Halpern 2019 DePaul University

Rockwell V. Trustees Of The Berkshire Museum No. 1776cv00253, 2017 Wl 6940932 (Mass. Sup. Ct. Nov. 7, 2017), Kahlia Halpern

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


A Tough Pill To Swallow: Increasing Complexity For Drug Developers In The Federal Circuit, Jacob Michalakes 2019 DePaul University

A Tough Pill To Swallow: Increasing Complexity For Drug Developers In The Federal Circuit, Jacob Michalakes

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


The Federal Circuit: Thwarting Software Innovation, Bernardo Rocha 2019 DePaul University

The Federal Circuit: Thwarting Software Innovation, Bernardo Rocha

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Reinterpreting The Authenticity Of Reconstructed World Heritage Properties For The Twenty-First Century, Joy Naifeh 2019 DePaul University

Reinterpreting The Authenticity Of Reconstructed World Heritage Properties For The Twenty-First Century, Joy Naifeh

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


Table Of Contents, 2019 DePaul University

Table Of Contents

DePaul Journal of Art, Technology & Intellectual Property Law

No abstract provided.


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