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In Already LLC. v. Nike, Inc. the Supreme Court recently held that a broad covenant not to sue hinders defendant’s counterclaims of trademark invalidity. Therefore, by choosing to proffer a covenant not to sue, Nike eliminated any legal controversy between the parties such that Already was not able to raise counterclaims of invalidity ...

The Fourth Amendment generally requires that government searches must be reasonable, which typically can be satisfied via a warrant. Searches at the border, however, traditionally occupy a special status in connection with U.S. Fourth Amendment law. Recognizing that “the government’s interest in preventing the entry of unwanted persons and effects is at ...

On April 15, 2013, the Supreme Court will hear the oral arguments for one of the most highly anticipated patent law cases of last year: Association for Molecular Pathology, Inc, et al. v. USPTO, et al. The one and only question before the Supreme Court is whether isolated DNA containing all or ...

What’s the case about? The Doctrine of Patent Exhaustion holds that the authorized sale of a patented item extinguishes all of the patent holder’s rights to it. Any subsequent use of that item by the purchaser is not infringement. In other words, the purchaser of a patented item can do ...

On March 4, 2013, the White House officially responded to an online petition calling for the legalization of cell phone unlocking. The process of unlocking a cell phone usually refers to installing software that allows a cell phone to be used on multiple wireless carriers. Cell phone unlocking had previously ...

Complete Volume 28, Annual Review 2013 Complete Volume (PDF 5,888KB) Front Matter Front Matter (PDF 183KB) Articles Foreword (PDF 113KB) by Winnie Hung, Jane Ann Levich Patent Law Making Abusers Pay: Deterring Patent Litigation by Shifting Attorneys’ Fees (PDF 228KB) by Emily H. Chen Clear as Mud: An Empirical Analysis ...

Complete Volume 28, Symposium 2013 Complete Volume (PDF 2,709KB) Front Matter Front Matter (PDF 762KB) Articles The Curious Case of Copyright Formalities (PDF 146KB) by Maria A. Pallante Copyright Formalities in the Internet Age: Filters of Protection or Facilitators of Licensing (PDF 335KB) by Stef van Gompel The Future of ...

Complete Volume 28, Issue 2 Complete Volume (PDF 2,081KB) Front Matter Front Matter (PDF 167KB) Articles A Simple Approach to Setting Reasonable Royalties for Standard-Essential Patents (PDF 296KB) by Mark A. Lemley, Carl Shapiro Gently Down the Stream: When Is An Online Performance Public under Copyright? (PDF 373KB) by Daniel Brenner ...

Complete Volume 28, Issue 1 Complete Volume (PDF 5,455KB) Front Matter Front Matter (PDF 186KB) Articles Do Bad Things Happen When Works Enter the Public Domain?: Empirical Tests of Copyright Term Extension (PDF 372KB) by Christopher Buccafusco, Paul J. Heald State Patent Laws in the Age of Laissez Faire (PDF ...

We are now in the tail end of the season where millions of America brave wintry weather, TSA pat downs, and slow airplane wifi to spend quality time with loved ones. If gingerbread cookies and holiday shopping get old, you simply need a short break from a Top Gear marathon, ...