Acing Intellectual Property
Author:
Robinson, W. Keith
Edition:
1st
Copyright Date:
2018
17 chapters
have results for Acing Intellectual Property: A Checklist Approach to Solving Intellectual Property Problems
Title Page 3 results
Acing 2 results
Introduction 9 results (showing 5 best matches)
- he typical Intellectual Property (“IP”) survey course in law school covers four subject areas. As a result, IP study aids can be lengthy and intimidating. In contrast, this book focuses on the core IP survey concepts. It organizes the most commonly tested IP topics in a way that will allow students to strategically approach IP problems.
- Following the Checklist, each chapter includes Problems. The Problems assist students in applying the various legal doctrines to fact patterns presented on a typical exam. The book provides brief answers to the problems so that students can check their work. Students who use the checklist approach can produce accurate and well-analyzed exam answers. Finally, each Chapter ends with Points to Remember that recap important issues.
- This book is not intended to be a comprehensive treatise or study aid for all intellectual property issues. Since coverage in IP courses varies, this book focuses on the core issues in each subject area. I have observed that students that master these concepts consistently outperform their peers on the exam. Thus, this book attempts to aid in the reader’s understanding of IP’s essential tenets.
- After the Review, this book features a Checklist as a key analytical tool. The Checklist should not substitute for your course outline. Instead, the Checklists provide students with a clear roadmap to answer IP questions. Students should use the Checklist as they work through IP problems and to make their course outline more useful on the exam.
- This book provides you with tools to do the same. It summarizes topics in the areas of patent, trademark, copyright and trade secret law. Each chapter will include (1) a Review of the topic, (2) a Checklist, (3) Problems and (4) a Points to Remember section.
- Open Chapter
About the Author 2 results
- Keith Robinson is the Co-Director of the Tsai Center for Law, Science and Innovation and an Associate Professor at Southern Methodist University (“SMU”) Dedman School of Law. Professor Robinson has taught intellectual property law courses for eight years, beginning as an adjunct at George Washington University Law School and currently at SMU Dedman School of Law. In 2017, Professor Robinson won the SMU Altshuler Distinguished Teaching Professor Award. In addition to teaching the intellectual property survey course, Professor Robinson teaches property and an advanced intellectual property course.
- , 2004). He holds a degree in electrical engineering from the Duke University Pratt School of Engineering (B.S.E. 1999). Upon graduation from law school, Professor Robinson practiced law at Foley and Lardner LLP in Washington, D.C. He joined the law school faculty at the SMU Dedman School of Law in 2011. Professor Robinson is admitted to practice law in the District of Columbia, Virginia, and before the U.S. Patent and Trademark Office.
- Open Chapter
Chapter 5. Utility, Disclosure, Novelty, and Nonobviousness 81 results (showing 5 best matches)
- The first step in the obviousness inquiry is to determine the scope and content of the prior art. The scope of the prior art falls into two categories. First, there are references in the same technical field as the claimed subject matter. Second, there is prior art in other fields that a person of ordinary skill might use to solve the problem the invention at issue purports to solve.
- How would you characterize the invention? What problem does the invention solve? Identify relevant prior art in the same technical field as the patent claim at issue or that solves a similar problem.
- Here are two problems that illustrate how the Checklist can be used to resolve patent utility, disclosure, novelty, and nonobviousness questions.
- In response, Allied argues that a person of ordinary skill in the art would not combine the Scavenger and Hook references because it would result in a front-end loader with excavator jaws. Such a device would be of no use in the construction field. Further, Allied argues that a person of ordinary skill in the art would not use Hook to solve the problem their invention purports to solve because Hook emphasizes the benefits of having many detachable arms. Allied does not challenge the examiner’s finding characterizing the skill and experience of a person of ordinary skill in the construction equipment field.
- Here, Allied’s claim relates to machinery used in construction. Similarly, the prior art patents fall within the field of construction machinery. In addition, both Allied’s claim and the prior art references concern problems that can be solved by the interchangeability of machine components. Thus, there is a strong argument that a person of ordinary skill in the art might refer to both the Scavenger and Hook references.
- Open Chapter
Chapter 4. Patentable Subject Matter 45 results (showing 5 best matches)
- Here are two problems that illustrate how the Checklist can be used to resolve patent subject matter questions.
- that a computer-implemented process that used a well-known mathematical equation to solve a technological problem in the rubber curing process was patent eligible.
- MATTER CHECKLIST
- With the above Review in mind, the Patentable Subject Matter Checklist is presented below.
- To analyze this problem, first identify what the inventor is seeking to patent. Here, the facts say that the applicant is claiming a process for improving application of air to a furnace. Accordingly, the invention seems to be a process and therefore statutory subject matter.
- Open Chapter
Chapter 6. Patent Infringement 99 results (showing 5 best matches)
- Here are two problems that illustrate how the Checklist can be used to resolve patent infringement questions.
- PATENT INFRINGEMENT CHECKLIST
- With the above Review in mind, the Patent Infringement Checklist is presented below.
- Problem 6.1 simulates a claim construction issue that may arise during a patent lawsuit. Students should discuss the law of claim construction and then apply the law to the facts to suggest how a district court might interpret the meaning of the term
- Finally, MatTech may assert that claim 1 of Hazo’s patent is invalid in view of the prior art. Specifically, that claim 1 is obvious in view of the prior art. Here, the problem states that Hazo’s patent was granted in view of prior art that disclosed a mat with block arrows. The key question is whether, at the time of the invention, it would have been obvious for a person having ordinary skill in the art to improve upon the prior art mat by adding tiles with painted hands and feet that indicate physical movements. The problem does not provide enough facts to resolve the issue, but students should at least mention that invalidity should be explored by MatTech as a possible defense to patent infringement.
- Open Chapter
Chapter 8. Copyright Ownership, Rights, and Infringement 75 results (showing 5 best matches)
- Here are two problems that illustrate how the Checklist can be used to resolve copyright ownership, rights and infringement questions.
- COPYRIGHT OWNERSHIP, RIGHTS, AND INFRINGEMENT CHECKLIST
- With the above Review in mind, the Copyright Ownership, Rights, and Infringement Checklist is presented below.
- ILLUSTRATIVE PROBLEMS
- PROBLEM 8.1
- Open Chapter
Chapter 1. Trademark Subject Matter 75 results (showing 5 best matches)
- Here are two problems that illustrate how the Checklist can be used to resolve trademark subject matter questions.
- MATTER CHECKLIST
- With the above Review in mind, the Trademark Subject Matter Checklist is presented below.
- To answer PROBLEM 1.1, you must determine whether the subject matter at issue is protectable as a trademark. For subject matter to be protectable as a trademark, it must be either (1) inherently distinctive or (2) have obtained secondary meaning. Inherently distinctive marks intrinsically serve as an identifier of goods or services and are automatically eligible for trademark protection. Alternatively, a mark has obtained secondary meaning when the consuming public associates the subject mark with a particular product or a specific source of goods.
- Flavor and color are similar in that they are both considered characteristics of goods. Color may be used as a trademark if it has obtained secondary meaning. Similarly, flavor cannot serve as a trademark unless it has obtained secondary meaning. Thus, Sal’s Pizzeria would need to present evidence that the consuming public associated the flavor of its pizza with Sal’s Pizzeria as the source. Unfortunately for Sal, even if that evidence exists, he has another problem that will prohibit him from using flavor as a trademark.
- Open Chapter
Chapter 10. Trade Secrets 66 results (showing 5 best matches)
- The following two problems illustrate how the Checklist can be used to resolve trade secret subject matter and misappropriation questions.
- TRADE SECRET SUBJECT MATTER AND MISAPPROPRIATION CHECKLIST
- With the above Review in mind, the Trade Secret Subject Matter and Misappropriation Checklist is presented below.
- Problem 10.2 involves a departing employee which is a common scenario under which trade secret issues arise. Axis is asserting that its trade secret, a customer list, has been misappropriated by three former employees. However, unlike Problem 10.1, the call of the question is more open-ended. Therefore, it will be important for the student to discuss both whether the subject matter at issue is a trade
- In addition to these procedural changes, the DTSA includes a whistleblower provision that immunizes an individual from liability for disclosing trade secrets to the government solely for the purpose of reporting or investigating a suspected violation of law or in court documents. Further, the DTSA specifies additional remedies for trade secret misappropriation. For example, the DTSA allows for a trade secret owner to seize property to prevent the unauthorized dissemination of its trade secret.
- Open Chapter
Chapter 3. Trademark Infringement 100 results (showing 5 best matches)
- Here are two problems that illustrate how the Checklist can be used to resolve trademark infringement questions.
- TRADEMARK INFRINGEMENT CHECKLIST
- With the above Review in mind, the Trademark Infringement Checklist is presented below.
- Section 43(c) of the Lanham Act provides for a federal cause of action for dilution. A cause of action for dilution provides owners of famous trademarks with an additional way to protect property interests in their marks. Specifically, dilution only applies to famous marks that are inherently distinctive or have acquired secondary meaning.
- ILLUSTRATIVE PROBLEMS
- Open Chapter
Chapter 7. Copyright Requirements and Copyrightable Subject Matter 52 results (showing 5 best matches)
- The two problems below illustrate how the Checklist can be used to resolve copyright subject matter questions.
- MATTER CHECKLIST
- With the above Review in mind, the Copyright Subject Matter Checklist is presented below.
- Consider whether any limiting doctrines will apply to the subject matter. A single work may contain both protectable expression and material that is not copyrightable. Identifying protectable expression is an exercise that is also important in analyzing a copyright infringement problem.
- Problem 8.2 requires you to apply the useful article doctrine.
- Open Chapter
Chapter 9. Copyright Infringement: Defenses and Remedies 72 results (showing 5 best matches)
- Here are two problems that illustrate how the Checklist can be used to resolve copyright infringement questions.
- his Chapter summarizes defenses to copyright infringement and the available remedies for copyright infringement. Technology has made it easier to share and infringe copyrighted work. In response, the law has evolved to balance the rights of copyright holders with the interest of media consumers. For example, the Digital Millennium Copyright Act (“DMCA”), outlines rules for online service providers and their treatment of copyrighted material. This chapter will guide the student through the test for fair use and provide a checklist to assist the student in working through copyright infringement defenses and remedies. In addition, this Chapter summarizes the exceptions for Online Service Providers in the DMCA.
- COPYRIGHT INFRINGEMENT: DEFENSES AND REMEDIES CHECKLIST
- With the above Review in mind, the Copyright Infringement: Defenses and Remedies Checklist is presented below.
- ILLUSTRATIVE PROBLEMS
- Open Chapter
Chapter 2. Obtaining Trademark Rights 74 results (showing 5 best matches)
- Here are two problems that illustrate how the Checklist can be used to resolve obtaining trademark rights questions.
- RIGHTS CHECKLIST
- With the above Review in mind, the Obtaining Trademark Rights Checklist is presented below.
- (“There is no such thing as property in a trade-mark except as a right appurtenant to an established business or trade in connection with which the mark is employed.”).
- ILLUSTRATIVE PROBLEMS
- Open Chapter
Copyright Page 1 result
Table of Contents 55 results (showing 5 best matches)
- Publication Date: April 4th, 2018
- ISBN: 9781634602730
- Subject: Intellectual Property
- Series: Acing Series
- Type: Exam Prep
- Description: This study aid uses outline-like checklists to lead law students through the analytical steps necessary to analyze intellectual property issues. The book covers trademark, patent, copyright, and trade secret law. Each chapter begins with a brief review of the important rules and concepts that govern a particular area of intellectual property law. The review material is followed by a checklist that provides students with a clear roadmap for answering intellectual property questions. Each chapter concludes with practice problems and solutions that illustrate how students can use the checklist to analyze intellectual property issues.
