Chicago-Kent Journal of Intellectual Property

List of Papers (Total 238)

Administrative Oversight: Justice Gorsuch’s Patent Opinions, the PTAB, and Antagonism Toward the Administrative State

In his first term, Justice Neil Gorsuch has made a surprisingly forceful impact on, of all things, patent law—and even more unlikely, the United States Patent and Trademark Office’s adjudicatory arm, the Patent Trial and Appeal Board. Was there any way to predict, from his 10th Circuit opinions below, that he would author opinions in all three patent cases in his first term? Was...

The Collapse of Covered Business Method Reviews

By Eleanor M. Yost, Published on 02/08/19

All or Nothing: Why the Supreme Court SAS Mandate Does not Eliminate the Shaw Safe Harbor

By Matt Johnson, Michael Lavine, Daniel Kazhdan Ph.D, et al., Published on 02/08/19

Due Process in AIA Proceedings after SAS Institute Inc. v. Iancu

By Mikaela Stone and Britton Davis, Published on 02/08/19

Petitioner Estoppel from Patent Trial and Appeal Board Proceedings after SAS Institute Inc. v. Iancu

By Jennifer Esch, Paula Miller, Stacy Lewis, et al., Published on 02/08/19

The Fatal Attraction of Pay-for-Delay

By Robin C. Feldman and Prianka Misra, Published on 02/08/19

Patent Citation Analysis and Patent Damages

By Dr. Peter A. Malaspina, Published on 02/08/19

The Patent On-Sale Bar Post-Helsinn and its Effect on the Pharmaceutical Industry

The purpose of the patent on-sale bar is to discourage inventors from misusing the patent system and unfairly extending their patent exclusivity period. In Helsinn Healthcare v. Teva Pharmaceuticals, the Federal Circuit has distorted this doctrine far beyond its purpose. By including non-public business transactions within the scope of the on-sale bar, the Federal Circuit’s...

Harmonizing the Liner Notes: How the USCO’s Adoption of Metadata Standards Will Improve the Efficiency of Licensing Agreements for Audiovisual Works

It is no secret that making a living as a musician is not as lucrative of a proposition as it was a generation ago. For this reason, musicians have had to diversify their sources of income. Placement of a song in advertisements, film, or television programs have become an integral part of many successful musician’s careers, but far too many independent artists still find these...

Precedential Decisions at the PTAB: An Endangered Species?

By Robert M. Yeh PH.D, Published on 04/30/18

#Squadgoals: A Response to Seth Waxman

By Amelia Smith Rinehart, Published on 03/20/18

Yes, The PTAB is Unconstitutional

By Gregory Dolin, MD, Published on 03/20/18

The Problem with PTAB's Power Over Section 101

By Kristen Osenga, Published on 03/20/18

A Court Divided

By Shubha Ghosh, Published on 03/19/18

R. Prince's New Portraits - The Art of Fair Use

By Mathilde Halle, Published on 03/19/18

Charting Supreme Court Patent Law, Near and Far

By Joseph Scott Miller, Published on 03/19/18

Complex Innovation and the Patent Office

By Ryan Whalen, Published on 01/18/18