Intellectual Property Scholars Conference
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The Center for Intellectual Property Law & Information Technology (CIPLIT®) at DePaul University College of Law hosted the 7th Annual Intellectual Property Scholars Conference on August 9-10, 2007.Over 115 academics from around the world attended and 75 scholars presented their works-in-progress. The conference was co-sponsored by the Berkeley Center for Law and Technology, Boalt Hall School of Law; the Intellectual Property Law Program, Benjamin N. Cardozo School of Law at Yeshiva University; and the Stanford Program in Law, Science and Technology, Stanford Law School.

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Aligning Incentives with Reality: Using Movtivation for Creation to Shape the Scope of Copyright Protection
Author: Lydia Loren Thu, Aug 30, 2007
IPSC - Audio - Aligning Incentives with Reality: Using Movtivation for Creation to Shape the Scope of Copyright Protection - Current U.S. copyright law, while based on a utilitarian theory, does not consider creative motivation in determining protection afforded to copyright owners.
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Did Phillips Change Anything? Empirical Analysis of the Federal Circuit's Claim Construction Jurisprudence
Author: R. Polk Wagner Thu, Aug 30, 2007
IPSC - Audio - Did Phillips Change Anything? Empirical Analysis of the Federal Circuit's Claim Construction Jurisprudence
Download File - 13.6 MB Listen To This Podcast (Streaming Audio)
Accommodating the Evolution of Intellectual Infrastructure: Applying Lessons from Trademark and Copyright to Improve Patent Law
Author: Peter Lee Thu, Aug 30, 2007
IPSC - Audio - Accommodating the Evolution of Intellectual Infrastructure: Applying Lessons from Trademark and Copyright to Improve Patent Law - Intellectual property distinguishes between foundational intellectual assets that reside in the public domain and particularized creations that are appropriate subjects of exclusive rights.
Download File - 14.9 MB Listen To This Podcast (Streaming Audio)
PatentSimT — Multi-User Interactive Patent System Simulation
Author: Andrew Torrance Thu, Aug 30, 2007
IPSC - Audio - PatentSimT — Multi-User Interactive Patent System Simulation - Patent systems are often justified by assumptions that inventive activity will be spurred by the prospect of patent protection, leading to the accrual of greater societal benefits than would be possible under non-patent systems.
Download File - 14.5 MB Listen To This Podcast (Streaming Audio)
Technological Protection Measures and Copyright Exceptions in EU27: Towards the Harmonization
Author: Marcella Favale Thu, Aug 30, 2007
IPSC - Audio - Technological Protection Measures and Copyright Exceptions in EU27: Towards the Harmonization - Thanks to the ease and high quality of digital reproduction, the advent of the Digital Era caused an increase of copyright infringement. In order to provide a counter-measure, the European Parliament issued a new piece of legislation (Directive 2001/29/EC
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Copyright and Productivity: Escape from the Cost Disease
Author: Mark Schultz Thu, Aug 30, 2007
IPSC - Audio - Copyright and Productivity: Escape from the Cost Disease - This paper considers whether live performance is a preferable to copyright as an institution for supporting performers. Some have contended that copyright is no longer viable...
Download File - 10.9 MB Listen To This Podcast (Streaming Audio)
Copyright and the Commodification of Advantage: The Case of Test Prep and Admissions Counseling
Author: Frank Pasquale Thu, Aug 30, 2007
IPSC - Audio - Copyright and the Commodification of Advantage: The Case of Test Prep and Admissions Counseling - The paper will address the proper copyright treatment of standardized test questions, test preparation, and admissions counseling.
Download File - 10.5 MB Listen To This Podcast (Streaming Audio)
Media Portrayals of the United States Patent System
Author: Lisa Dolak Thu, Aug 30, 2007
IPSC - Audio - Media Portrayals of the United States Patent System - This study of how the national and international mass media portrays intellectual property rights assesses this coverage, examining the images of IPR constructed by the media as well as how these media images have shaped popular understanding.
Download File - 10.0 MB Listen To This Podcast (Streaming Audio)
Copyrights Ownership – Reconsidering the CCNV Case
Author: Assaf Jacob Thu, Aug 30, 2007
IPSC - Audio - Copyrights Ownership – Reconsidering the CCNV Case
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Section 104A and Section 104(a): A Case Study in the Complexities of Copyright Duration
Author: Elizabeth Townsend Gard Thu, Aug 30, 2007
IPSC - Audio - Section 104A and Section 104(a): A Case Study in the Complexities of Copyright Duration - My work looks at the legal complexity of determining the duration of copyright, and presents through a case study the odd results of our current system. Using British writer Vera Brittain (1893-1970), my work uses her 40 works to show inconsistencies in t
Download File - 9.3 MB Listen To This Podcast (Streaming Audio)
Law & Economic Analysis of Patent Claim Construction
Author: Emily Morris Thu, Aug 30, 2007
IPSC - Audio - Law & Economic Analysis of Patent Claim Construction - Much legal scholarship had devoted itself to the question of how best to interpret patent claims in a way that protects patentees without deterring further invention, innovation, and research. Much of this scholarship has focused on certainty as fundament
Download File - 11.9 MB Listen To This Podcast (Streaming Audio)
Claiming Intellectual Property
Author: Jeanne Fromer Fri, Aug 31, 2007
IPSC - Audio - Claiming Intellectual Property - In this Article, I explore and analyze the comparative value of different American systems for claiming intellectual property. A claim to intellectual property not only describes the bundle of rights that the holder has but also attempts to convey the abs
Download File - 10.7 MB Listen To This Podcast (Streaming Audio)
Is Information Patentable?
Author: Miriam Bitton Fri, Aug 31, 2007
IPSC - Audio - Is Information Patentable? - This Article explores the question of whether information can and should be patentable. Patent law has seemed traditionally to limit protection to four basic areas of subject matter.
Download File - 10.4 MB Listen To This Podcast (Streaming Audio)
Nonobviousness and Nerd Culture
Author: Michael Meurer Author: &Author: Katherine Strandburg Fri, Aug 31, 2007
IPSC - Audio - Nonobviousness and Nerd Culture - A good test of nonobviousness in patent law requires attention to the context of invention. Occasionally, courts take note of context, but more often they have not.
Download File - 11.6 MB Listen To This Podcast (Streaming Audio)
Remixing Obviousness
Author: Joseph Miller Fri, Aug 31, 2007
IPSC - Audio - Remixing Obviousness
Download File - 11.8 MB Listen To This Podcast (Streaming Audio)
The Path-Dependence of Claim Construction, and its Implications for Predictability in Patent Litigation
Author: Jeffrey Leftsin Fri, Aug 31, 2007
IPSC - Audio - The Path-Dependence of Claim Construction, and its Implications for Predictability in Patent Litigation - By now the 'unpredictability' of claim construction in patent litigation is axiomatic, and increasingly dominates proposals for patent reform. There is less reason to believe that claim construction is problematic as is commonly supposed, if we consider t
Download File - 11.3 MB Listen To This Podcast (Streaming Audio)
Category Theory Applied to Trademark Law: Cognitive Economy as the Paramount Goal in Genericism Cases
Author: Susan Richey Mon, Sep 10, 2007
IPSC - Audio - Category Theory Applied to Trademark Law: Cognitive Economy as the Paramount Goal in Genericism Cases
Download File - 10.4 MB Listen To This Podcast (Streaming Audio)
Trademark Extortion: the End of Trademark Law
Author: Ken Port Mon, Sep 10, 2007
IPSC - Audio - Trademark Extortion: the End of Trademark Law - Many claim that the Lanham Act has been a great success. No data, statistics or information is cited when making these claims.
Download File - 10.3 MB Listen To This Podcast (Streaming Audio)
The Public's Domain in Trademark Law
Author: Laura Heymann Mon, Sep 10, 2007
IPSC - Audio - The Public's Domain in Trademark Law - Modern trademark law doctrine has for some time included within its scope a cause of action based on the conclusion that consumers are likely to be confused into thinking that the plaintiff sponsored or is associated with the defendant...
Download File - 10.3 MB Listen To This Podcast (Streaming Audio)
Trademark Litigation as Consumer Conflict
Author: Michael Grynberg Mon, Sep 10, 2007
IPSC - Audio - Trademark Litigation as Consumer Conflict
Download File - 11.0 MB Listen To This Podcast (Streaming Audio)
A Nonvolitional Conduct Exemption to Strict Liability for Patent Infringement, or the Problem of Insufficient Thought Control
Author: Kevin Collins Thu, Sep 13, 2007
IPSC - Audio - A Nonvolitional Conduct Exemption to Strict Liability for Patent Infringement, or the Problem of Insufficient Thought Control - This article argues that strict liability in patent law should be less strict than it currently is. It argues that something similar to the nonvolitional conduct exemption that exists in other legal doctrines premised on strict liability...
Download File - 12.3 MB Listen To This Podcast (Streaming Audio)
An Empirical Evaluation of Whether Federal Trial Judges With More Experience in Patent Claim Construction Are More Accurate
Author: David Schwartz Thu, Sep 13, 2007
IPSC - Audio - An Empirical Evaluation of Whether Federal Trial Judges With More Experience in Patent Claim Construction Are More Accurate
Download File - 9.0 MB Listen To This Podcast (Streaming Audio)
Equivalency and Patent Law's Possession Paradox
Author: Timothy Holbrook Thu, Sep 13, 2007
IPSC - Audio - Equivalency and Patent Law's Possession Paradox - Patents afford the right to exclude others from practicing the claimed invention. The scope of the patent's rights are generally commensurate to scope of the inventor's advance, as objectively assessed from the perspective of a person of ordinary skill...
Download File - 11.3 MB Listen To This Podcast (Streaming Audio)
Fixing Festo: How the Foreseeability Test for the Doctrine of Equivalents Punishes Innovation (and What to Do about It)
Author: Gary Pulsinelli Thu, Sep 13, 2007
IPSC - Audio - Fixing Festo: How the Foreseeability Test for the Doctrine of Equivalents Punishes Innovation (and What to Do about It) - In Festo Corp. v. Skoketsu Kinzoku Kogyo Kabushiki Co., 535 U.S. 722 (2002), the Supreme Court adopted a foreseeability test for assessing whether the doctrine of equivalents should apply in patent infringement cases.
Download File - 11.3 MB Listen To This Podcast (Streaming Audio)
Is the Patent Office a Rubber Stamp?
Author: Mark Lemley Thu, Sep 13, 2007
IPSC - Audio - Is the Patent Office a Rubber Stamp?
Download File - 11.5 MB Listen To This Podcast (Streaming Audio)
Search for Tomorrow: The Patent Office's Growing Reliance on Technology to Locate Prior Art
Author: Andrew Chin Fri, Oct 05, 2007
IPSC - Audio - Search for Tomorrow: The Patent Office's Growing Reliance on Technology to Locate Prior Art - This article explores how technology has changed not only how patent examiners and applicants search for prior art, but which documents they find and cite as prior art references. From a comprehensive patent citation database, we identify large sets of ci
Download File - 11.7 MB Listen To This Podcast (Streaming Audio)
Where the Action is: Using patent attorney practice locations to identify regional centers of commercially significant innovation
Author: Richard Gruner Fri, Oct 05, 2007
IPSC - Audio - Where the Action is: Using patent attorney practice locations to identify regional centers of commercially significant innovation - The study described in this paper uses the location and number of patent attorneys in a particular region as indicators of the volume of commercially significant innovation in that region.
Download File - 11.8 MB Listen To This Podcast (Streaming Audio)
The Federal Circuit and the Doctrine of Equivalents
Author: Lee Petherbridge Fri, Oct 05, 2007
IPSC - Audio - The Federal Circuit and the Doctrine of Equivalents - Perhaps the central teaching of modern patent law is that the claims of a patent define the invention to which the patentee is entitled the right to exclude.
Download File - 11.0 MB Listen To This Podcast (Streaming Audio)
Intellectual Property and Global Warming
Author: Estelle Derclaye Mon, Oct 08, 2007
IPSC - Audio - Intellectual Property and Global Warming - Could intellectual property rights be the cause of global warming? After all, the greatest inventions of the two last centuries include the car, the plane and with them the use of oil and coal to generate energy.
Download File - 10.6 MB Listen To This Podcast (Streaming Audio)
Lost in Space: The Importance of Geospatial Copyright
Author: Julie Cromer Mon, Oct 08, 2007
IPSC - Audio - Lost in Space: The Importance of Geospatial Copyright - The principles of outer space law directly call for "co-operation and mutual assistance." As more commercial enterprises venture into remote sensing, it becomes less clear that cooperation is going to be possible...
Download File - 10.3 MB Listen To This Podcast (Streaming Audio)
Race, Markets and Patents
Author: Shubha Ghosh Mon, Oct 08, 2007
IPSC - Audio - Race, Markets and Patents - This paper examines the use of racial categories in patent law. Motivated by the grant in 2002 of a patent on a pharmaceutical compound to be used with "black patients," the paper documents the use of racial categories, specifically the categories "Negro"
Download File - 10.6 MB Listen To This Podcast (Streaming Audio)
The Role of Science in Law
Author: Robin Feldman Mon, Oct 08, 2007
IPSC - Audio - The Role of Science in Law
Download File - 10.8 MB Listen To This Podcast (Streaming Audio)
Intellectual Property: Enabling or Limiting? A Case in Point: Autism an Epidemic
Author: Robert Reis Mon, Oct 08, 2007
IPSC - Audio - Intellectual Property: Enabling or Limiting? A Case in Point: Autism an Epidemic
Download File - 12.4 MB Listen To This Podcast (Streaming Audio)
Patents as Genre
Author: Dan Burk Author: &Author: Jessica Reyman Mon, Oct 08, 2007
IPSC - Audio - Patents as Genre - The growing social prominence of patents suggests that these documents deserve increased scholarly attention. Legal scholars have generally viewed patents as incentives to innovation, assessing them as legal entities within an economic or policy framework
Download File - 10.7 MB Listen To This Podcast (Streaming Audio)
Patents and Public Health: Separating Strands of Fact from Fiction
Author: Cynthia Ho Mon, Oct 08, 2007
IPSC - Audio - Patents and Public Health: Separating Strands of Fact from Fiction - My goal is to advance the current dialogue on whether patent rights and public health can be reconciled on both domestic and international levels. While it may be true that it is inherently impossible to maximize both patent rights and public health...
Download File - 10.4 MB Listen To This Podcast (Streaming Audio)
The Impact of Human Gene Patents on Innovation and Access: A Survey of Human Gene Patent Litigation
Author: Chris Holman Mon, Oct 08, 2007
IPSC - Audio - The Impact of Human Gene Patents on Innovation and Access: A Survey of Human Gene Patent Litigation - In 2005 the highly influential journal Science reported that one-fifth of human genes are patented. This figure has been widely cited and at times over-interpreted.
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