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Chicago-Kent Journal of Intellectual Property



Volume 6, Issue 1, Fall 2006



Published: Wed, 21 Jun 2006 19:46:52 EST

 



Copyright

Wed, 21 Jun 2006 19:46:52 EST

Volume 6, Issue 1, Fall 2006



Costar v. Loopnet: Protection of the Internet at the Expense of Copyright Protection?

Wed, 21 Jun 2006 19:46:52 EST

Volume 6, Issue 1, Fall 2006 p.1
Under the Copyright Act, any infringement of a copyright, either intentional or otherwise, makes one liable to the copyright holder. However, courts were split on how to deal with this issue in regards to ISPs. Some courts favored a strict liability approach while others leaned towards finding no liability for purely passive actions that led to infringement. To remedy this split, Congress passed the Digital Millennium Copyright Act, "DMCA") which provided a safe haven for ISPs under particular circumstances. While the split over the approaches to liability was resolved, the general question of whether liability existed was not, and new questions arose; such as were the traditional infringement defenses rendered useless with the passing of the DMCA and would active steps to prevent infringement actually increase an ISP's exposure to copyright liability? This note discusses the Fourth Circuit's answers to these questions, in CoStar Group, Inc. v. LoopNet, Inc., and forecasts how the CoStar decision will be applied to future decisions.



Copyright

Wed, 21 Jun 2006 19:46:52 EST

Volume 6, Issue 1, Fall 2006



Contributory and Vicarious Copyright Infringement in Computer Software: Harming One Form of Intellectual Property by Protecting Another

Wed, 21 Jun 2006 19:46:52 EST

Volume 6, Issue 1, Fall 2006 p.10
Contributory and vicarious copyright infringement, have undergone major changes in the last 20 years, as infringement liability has been extended to manufacturers and distributors of various consumer products. Accordingly, copyright infringement liability has become increasingly applied to various computer technologies, particularly today's popular peer-to-peer file sharing software. Today, contributory and vicarious copyright infringement are more likely to be imposed as a result of the distributor's actions promoting infringement, rather than based on specific properties of the infringing technology. As more products exhibit significant legitimate uses in addition to potentially infringing uses, the question of legality and liability becomes increasingly important. This note will examine the effect of imposing indirect copyright infringement liability on computer software and other abstract forms of developing technology. This examination will focus on how the traditional goals and interpretation of copyright protection conflict with the progression of computer technology development.



General IP

Wed, 21 Jun 2006 19:46:52 EST

Volume 6, Issue 1, Fall 2006



The Regulation of Biologoc Medicine: Innovators' Rights and Access to Healthcare

Wed, 21 Jun 2006 19:46:52 EST

Volume 6, Issue 1, Fall 2006 p.32
The 21st century heralds the "biotech revolution" where biologic medicinals promise cures for some of the most complex diseases. Currently, over 370 innovative biologic products are being tested, targeting more than 200 diseases. Biopharmaceuticals are also a major factor in ever-increasing prescription drug costs and these costs will only escalate as new biopharmaceuticals are added to the market. The decision to proceed with a program for follow-on biologics regulated under section 351 of the Public Health Service PHS) Act and under section 505 of the FD&C Act lies in the hands of Congress. This paper addresses the needs and challenges in balancing innovators' rights and the public interest in access to affordable medicines while maintaining an acceptable quality of scientific integrity. It proposes policy considerations and legislation that aim to facilitate a regulatory pathway for biologics in consideration of these important legal, social, scientific, and economic issues.



Patent

Wed, 21 Jun 2006 19:46:52 EST

Volume 6, Issue 1, Fall 2006



The Proper Method for Using Dictionaries to Construe Patent Claims

Wed, 21 Jun 2006 19:46:52 EST

Volume 6, Issue 1, Fall 2006 p.43
The Court of Appeals for the Federal Circuit tackled the problems of claim construction, including the use of dictionaries, through the Phillips I case. The Court's consensus was that dictionaries have been used too much and should be scaled back. This article proposes to not scale back dictionary use, but instead to formalize and regulate their use by the USPTO, well before there is any chance of claim construction confusion by patentees, accused infringers, or federal courts. The background of construing claims will first be explained, followed by a comparison of intrinsic to extrinsic evidence, how dictionaries fall into this mix, the results of court decisions expanding the role of dictionaries, the advantages and disadvantages of using dictionaries, how dictionaries should be used in the future, and, finally, how the Phillips III decision effects the recommended dictionary use.