Quarterly Journal 47-3
In This Section
The AIPLA Quarterly Journal, a publication of the American Intellectual Property Law Association, is housed at the George Washington University Law School and is edited and managed by an Editorial Board of intellectual property experts and a staff of law students under the direction of the Editor-in-Chief, Professor Joan Schaffner.
The Quarterly Journal is dedicated to presenting materials relating to intellectual property matters and is published four times per year. Editorial Board members (all of whom are lawyers) are selected based upon demonstrated interest and experience, and student staff members are selected from the students of the GWU Law School.
The 2019 Guidance provides some clarity for determining patent eligible subject matter under § 101. For example, it clarifies that to be patent eligible, a claim needs to state a new and practical application of an alleged abstract idea.
As the USPTO continues to apply the 2019 Revised Guidance, the number of rejections under § 101 issued in patent applications directed to graphical user interfaces should continue to decline.
This article discusses several recent patent cases in which the inventions were directed to graphical user interfaces. In each of those cases, an applicant would have had a chance to advance their arguments against the § 101 rejections by showing how the recited graphical user interface integrates the alleged abstract idea into a practical application.
This article proposes a framework to determine whether an implementer of standards-essential patents (“SEPs”) is an “unwilling licensee” of fair, reasonable, and non-discriminatory (“FRAND”) licensing terms.
In recent years, scholars and courts have discussed extensively the potential for SEP holders to engage in “patent hold-up.” As a result, SEP holders are now mostly blocked from seeking injunctions, with a possible exception when the SEP implementer is an “unwilling licensee” of FRAND terms.
The SEP holder’s difficulty in seeking an injunction, the uncertainty in determining FRAND rates, and a lack of an agreed definition for “unwilling licensee” create the risk for the so-called “patent hold-out” problem. This article focuses on the “unwilling licensee” determination problem and proposes a framework based on a step-by-step, objective fact-based analysis. The framework aims to increase predictability for both SEP holders and SEP implementers.
We as a species have been trying to learn how and why we do the things we do for hundreds of years. This curiosity resulted in scientists at the University of Cambridge making a revolutionary breakthrough by artificially creating an embryo in a laboratory setting.
However, with great discoveries come many questions. One of these questions is whether or not these scientists can patent their work. Attaining the answer to this question requires the analysis of decades of judicial, legislative, and agency decision-making.
This Note looks at the history of all three of these branches that factor into patent rights and requirements, while trying to narrow down the applicable precedent.
The federal anti-bootlegging statutes protect live musical performances from unauthorized use. The statutes were conceived in good faith, but have flaws and ambiguities that may impede their effectiveness. The main issues with the statutes are their conflicts with the First Amendment and Commerce Clause. While the statutes have survived challenges regarding the Commerce Clause, they remain vulnerable to First Amendment scrutiny because they lack a fair use exception.
This note delves into the existence and possible resolutions to these problems using social media and modern recording technology as possible bootlegging tools. It is imperative to make these changes as soon as possible considering the Beijing Audiovisual Treaty may further expand the copyright landscape to protect more forms of audiovisual works.
This Note suggests that the federal anti-bootlegging statutes be amended to add a fair use-like exception that may balance performers' rights with users' rights. In reaching this conclusion, this Note describes the digitization of recording technology, provides a comprehensive look into the anti-bootlegging statutes and their legislative history, and discusses copyright and anti-bootlegging cases addressing fair use and the First Amendment. Finally, this Note provides an example of how the anti-bootlegging statutes can be amended to prevent future problems.
Product hopping in the pharmaceutical industry has become more prevalent over recent years, and courts have had varying responses to address this behavior. By focusing on a traditional antitrust analysis for the pharmaceutical industry, which is not a well-functioning market, courts have reached inconsistent decisions that do not necessarily punish the market exploiter and reward the honest competitor.
This Note looks to the drug approval process in the European Union, specifically Germany, and proposes a new standard that focuses on additional clinical benefits. Although courts do not typically assess the value of parties’ innovations, the pharmaceutical field is unique in its relationship between competitors and consumer, and thus warrants a new approach to address these issues.
By focusing on the clinical benefits of new formulations, courts can better encourage valuable innovation by branded drug companies and protect the market from trivial advancements made solely for the purpose of excluding generic companies from the market.
2022 Virtual PCT Seminar
July 11 to August 1, 2022This live multi-day webinar offers a deeper “nuts and bolts” introduction to the Patent Cooperation Treaty. Learn about recent updates and frequently performed tasks, tools and resources, strategies, and best practices. The Webinar is focused primarily on the important PCT work carried out by paralegals, paralegal managers, and legal staff. Because attorneys are ultimately responsible for instructing staff and the work they perform, the Webinar welcomes and encourages attorney attendance. Webinar materials and discussions have proven to be helpful to all attendees, including attorneys, paralegals, patent agents, portfolio managers, and administrative assistants.
2022 PCT Seminar Web Series
July 11 to August 1, 2022 | This is a Non-CLE EventThis live multi-day webinar series offers a deeper “nuts and bolts” introduction to the Patent Cooperation Treaty. Learn about recent updates and frequently performed tasks, tools and resources, strategies, and best practices. Perfect for Paralegals, docketing specialists, and other legal staff. Become an AIPLA member and save on the registration fee.
AIPLA CLE Webinar: Daubert-Proofing Your Survey: Best Practices for Survey Evidence in Trademark Infringement and False Advertising Litigation
July 14, 2022 12:30 PM to 2:00 PM | 90 Minutes of CLEThis webinar will focus on the best practices for surveys in trademark infringement and false advertising litigation. We will review the court-approved methodologies for the various types of surveys often used in trademark infringement and false advertising litigation. We will then present the recent case law discussing survey evidence, the pitfalls that often lead to a survey being excluded or accorded little weight, and the best practices for increasing the likelihood that surveys will be admitted and used persuasively to help prove your case. This webinar is a must not just for trademark litigators but also in-house counsel who want to make sure that the expense of a survey is well justified.
AIPLA Ethics Webinar: Trending Ethical Issues for Virtual (and Remote) Practitioners: Where You Can Practice and What You Should Consider
July 19, 2022 12:30 PM to 2:00 PM | 90 Minutes EthicsA spinoff of the a live program at the recent AIPLA 2022 Spring Meeting, this program discusses the UPL issues related to remote practice (including the status of the rules nationwide) as well as the ethical considerations when working remotely. Hear from both the practitioner perspective and the academic perspective from two presenters who were both formerly attorney regulators. They will discuss your obligations when “working from home” and how best to comply with them.
2022 AIPLA Corporate Practice Institute
August 23 to 24, 2022 | Up to 360 minutesAIPLA is hosting a two-day Virtual Corporate Practice Institute with limited unique sponsorship opportunities for our exhibitors. The Institute is designed for Corporate in-house counsel, including attorneys and patent agents. The program will run from 12 noon to 5:30 and include 3 one-hour CLE sessions and a one-hour networking session each day. Registration coming soon!