Jack and the Licensed Beanstalk: In Search of a Licensing Test for Patented Articles Transferred with Contractual Restrictions

by admin | Apr 10, 2020 | Digest

A United States patent owner’s right to exclude others from using, offering for sale, selling, and importing a patented article is subject to the doctrine of patent exhaustion. When ownership of a patented article is transferred by sale, patent exhaustion allows...

Roads Closed: Rideshare Drivers’ Privacy Interests Create a Roadblock to Addressing Increasing Public Safety Concerns Associated with Ridesharing

by admin | Apr 5, 2020 | Digest

This Article hypothesizes that the privacy implications in imposing such surveillance upon rideshare drivers keep rideshare providers like Uber and Lyft from implementing the proposed safety measures despite growing safety concerns and external pressure to do so. The...

Limitations Upon the Enforceability of an Employee’s Covenant Not To Disclose and Not To Use Confidential Business Information Without Authorization | Vol. 23, No. 1

by admin | Jan 5, 2019 | Articles, Volume 23

Employee covenants not to disclose and not to use confidential information without authorization are widely used to protect employer trade secrets and other confidential information. However, the covenants are not as routinely enforced as many believe. At a minimum,...

Circuit Split: De minimis Sampling From Copyrighted Recordings After VMG Salsoul, LLC v. Ciccone | Vol. 22, No. 1

by admin | Jun 5, 2018 | Articles, Volume 22

Stealing music is legal again. On June 2, 2016, in VMG Salsoul, LLC v. Ciccone, the Ninth Circuit held that a sampled horn hit in Madonna’s “Vogue” was de minimis, infringing on neither the composition nor the recording of its source. The Ninth thus...

The Patent Pilot Program: What Is It, Is It Successful, and Should It Even Exist? | Vol. 22, No. 2

by admin | Jan 7, 2018 | Articles, Volume 22

Patents are notoriously complex. Unsurprisingly, litigation involving patents shares its subject matter’s innate intricacies. In the face of rising patent filings and increasingly complicated patent infringement lawsuits, Congress created the Patent Pilot...