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Intellectual Property - Casebooks
Copyright
This is a completely free casebook online. All of the assigned and optional readings for the course are available online, for free. You can read them online. You can download them to your own device(s). You can print them out. You can even combine them and have them printed and bound, as your own “book” copy. And, of course, you can edit them, annotate them, and cut them and paste them (or parts of them) in other things, such as course outlines.
H2O offers a platform for making and sharing open-licensed casebooks and other course materials online. It was created originally by the Berkman Klein Center for Internet and Society. It's developed and maintained today by the Library Innovation Lab at the Harvard Law School Library: This Syllabus text was for the comparative copyright law course (LL.M. elective course) offered at National Law University, Delhi.
This syllabus includes materials specifically designed for the Master of Laws in Intellectual Property jointly organized by the University of Turin and the World Intellectual Property Organization. It is a resource aiming at blending together international, US and European legislation and case law. References to some other jurisdictions have been included as well. A few doctrinal pieces complete the syllabus.The syllabus features mandatory readings and OPTIONAL readings, which are still very relevant but not an absolute priority in preparation for class. Additionally, the syllabus includes short SUMMARIES for some selected cases. They may come in the form of annotated text or external links to blog posts. Finally, an ADDITIONAL READINGS section will be added to most of the topics listed in the syllabus. These sections should serve as first-aid database for deepening the understanding of a specific topic.Please appreciate that this is still a work in progress that will be constantly updated, especially with summaries and additional readings.
An open source copyright casebook created by Brian L. Frye, Assistant Professor of Law, University of Kentucky College of Law, hosted online in a blogspot.
H2O offers a platform for making and sharing open-licensed casebooks and other course materials online. It was created originally by the Berkman Klein Center for Internet and Society. It's developed and maintained today by the Library Innovation Lab at the Harvard Law School Library.
Copyright Law: Cases and Materials is a free copyright law textbook designed for a four-credit copyright course, which is what we teach at NYU School of Law. Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website. All faculty teaching copyright law are welcome to access the Faculty Resources, including the faculty discussion forum, by becoming a registered user of the site. To register, write us at jeanne.fromer@nyu.edu or christopher.sprigman@nyu.edu. The textbook is made available under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Intellectual Property
This syllabus includes materials specifically designed for the CEIPI Advance Training Program on Artificial Intelligence and Intellectual Property. It is a resource aiming at blending together international, European and US legislation, case law, and doctrinal pieces. It is intended to be a resource that might serve as a reference for further in depth review of the topics touched upon during the training program. This syllabus is a work in progress and will be updated in due course.
Version 6.0 continues to provide engaging and challenging coverage of all the major types of intellectual property law: trade secret, patent, copyright, and trademark law. Covering cases and developments through Spring 2018, the Sixth Edition includes all the latest Supreme Court cases that are vital to a survey course. Each chapter continues to optimize clear presentation of tightly edited cases and concise notes and questions. The book kicks off with an introductory chapter that explores the basic policies animating intellectual property law, and concludes with two overarching chapters—one on intellectual property limits (preemption and first sale), and one on remedies (redressing past harm and preventing future harm). This book is designed to guide student analysis, as well as to challenge students to make vital connections within and across doctrines and policies. Finally, the authors—both veteran teachers of the intellectual property law survey course—offer a comprehensive Teacher's Manual on request.
Patterns of Information Law is the coursepack I assembled for my fall 2016 intellectual property survey at Cornell Tech. (It draws heavily on materials I used in prior semesters at the University of Maryland and at New York Law School.) I am making it freely available under the Creative Commons Attribution 4.0 license for anyone who would like to adopt or adapt it.
This updated 7th edition examines fundamental issues that both vendors and customers may confront in the negotiation of a software license and a cloud computing agreement, including related issues such as software development, professional services, maintenance and support. Included are four new chapters and 41 new forms, checklists, and policies. The cloud computing chapter has been expanded. With intellectual property rights assuming greater importance in today’s world and licensing issues and developments constantly evolving, this updated edition is an essential resource for lawyers who need to understand software licensing. The guide examines the fundamental issues that both licensors and licensees confront in the negotiation of a software license and, where appropriate, looks at relevant ancillary issues such as software development, cloud computing, professional services, and maintenance and support. Also discussed are software development kits (SDKs), application program interfaces (APIs), service level agreements (SLAs), and escrow agreements. The book focuses primarily on non-mass-market production licenses, as most "retail" or mass-market "off-the-shelf" software is governed by nonnegotiable "shrink-wrap," "browse-wrap," and "click-wrap" licenses.
This seminar offers students with an interest in intellectual property and/or cyberlaw the opportunity to explore and research an advanced topic in-depth. Although the focus of class discussion will be on the effects of new technologies, students may write a research paper on any topic related to intellectual property law or cyberlaw. Class discussion will address the many challenges that the Internet poses for traditional copyright, patent and trademark law as well as other non-intellectual property areas of law associated with the internet. We will discuss a number of policy questions such as whether new legislation is needed to address rights in digital music and motion pictures, whether patent protection for standards on which the Internet relies is appropriate, and how trademark law should apply to commercial online identity. Either Intellectual Property or Cyberlaw are prerequisites for taking this class.
This is approximately the 24th revision of a conventional 472 pp. casebook. Used twice annually since 1999, this edition will be used in 3-semester-hour courses in 2012-13. Noncommercial reproduction of this file is royalty free, but one of the comprehensive statutory supplement is recommended. Also, an inexpensive paperback may be purchased from Amazon, with bulk discounts available through the author. The book flags common themes and critical distinctions among IP components. The goal is to present the most important and durable aspects of the law for the benefit of potential legal specialists as well as generalists. Pursuit of such objectives is informed by over forty years of study and teaching students at every level of technical and legal sophistication. That current policy debates often center on issues raised in the 1800s and earlier has also been helpful. Indeed, much that is truly fundamental remains remarkably constant. Domain names and rights of publicity also receive modest attention. Moreover, from the outset, remedies figure pervasively. Preemption and commercial speech issues are addressed in separate chapters, as well as elsewhere when appropriate.
We are pleased to announce publication of Intellectual Property in the New Technological Age: 2020 (Volume I: Perspectives, Trade Secrets & Patents and Volume II: Copyrights, Trademarks & State IP Protections). It covers the Supreme Court's IP cases from the current Term and other recent developments—most notably passage of the Music Modernization Act.. The format and coverage follows IPNTA2019. In addition, we will continue to offer Intellectual Property Statutes. IPNTA has long been the best-selling general intellectual property coursebook. The volumes are priced dramatically below traditional publisher pricing: Volume I sells for $26; Volume II sells for $30; and IP Statutes sells for $30. During our three years of self-publishing, students saved over $4 million compared to traditional publisher pricing. While the books are designed to work together for a survey course, they are available for sale separately. Some professors teaching one, two, or three credit IP courses focusing on trade secret law, patent law, copyright law, trademark law, IP in entertainment law, or some combination thereof have adopted Volume I or Volume II. The Introductory and Trade Secret chapters are available for free download.
This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks—from logos to novels to drug formulae—and the exceptions and limitations that define those rights. It focuses on the three graphmain forms of US federal intellectual property—trademark, copyright and patent—but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States. The book is intended to be a textbook for the basic Intellectual Property class, but because it is an open coursebook, which can be freely edited and customized, it is also suitable for an undergraduate class, or for a business, library studies, communications or other graduate school class. Each chapter contains cases and secondary readings and a set of problems or role-playing exercises involving the material. The problems range from a video of the Napster oral argument to counseling clients about search engines and trademarks, applying the First Amendment to digital rights management and copyright or commenting on the Supreme Court's rulings on gene patents.
Patent
Patent Law: An Open-Access Casebook is a comprehensive casebook covering all the fundamentals of the United States patent system. It is designed to be used as the primary text in a 3-credit or 4-credit patent law course. Any portion of the casebook may also, of course, be used separately.
H2O offers a platform for making and sharing open-licensed casebooks and other course materials online. It was created originally by the Berkman Klein Center for Internet and Society. It's developed and maintained today by the Library Innovation Lab at the Harvard Law School Library. This syllabus is based on the PatentX course syllabus prepared by Prof. William Fisher and Prof. Ruth Okediji.
Technical standards, particularly for information and communications technology (ICT) industries, require use of patented technologies, as reflected by continuing growth in Wi-Fi and cellular standards. Understanding issues relating to the use of patented technologies in technical standards is more important now for patent practitioners than ever before. Patents and Standards: Practice, Policy, and Enforcement is the definitive resource in this area. Patent prosecutors can learn the standards process and how to advise clients on strategies for patent preparation, prosecution, and portfolio development in the standards area. Patent litigators need to understand the unique issues regarding enforcement of standard-essential patents (SEPs). In-house counsel who want to build more valuable SEP portfolios will learn to develop portfolios, create effective licensing programs, and manage outside counsel.
New in the 2015 Cumulative Supplement A ruling finding a transformative fair use in a web crawler in Fox News v. TVEyes, where TVEyes created a database indexing and excepting every television news broadcasts information that cannot otherwise by gathered and searched; A decision in in Authors Guild, Inc. v. Google Inc. finding Google Books, a service that reproduces sections of copyrighted works so that users may perform searches of the material, to be sufficiently transformative to satisfy that element of the fair use defense; A discussion of the Copyright Office s sixth rulemaking to designate classes of works that will be exempt from the prohibitions against circumvention of technological measures that control access to copyrighted works when such circumvention occurs to engage in non-infringing uses of works in the designated classes; The court in Capitol Records, LLC v. Escape Media Group provided much needed clarification of the bounds of an appropriate repeat infringer policy; A decision determining that the transformative use by West and Lexis of attorneys briefs posted in their online database after conversion into text-searchable files, addition of editorial information, unique identifiers, and links was a fair use in White v. West Publ g Corp.; A new topic on pre-1972 recordings reviewed a trio of cases in courts on either side of the country which evaluated whether common law copyrights prohibit both the reproduction and public performance of these recordings; the owners of pre-1972 sound recordings are leading two-to-one against the broadcasters in challenging the broadcasters decision to not pay royalties for broadcasting pre-1972 recordings; The Fourth Circuit ruling in Radiance Foundation v. NAACP that the provision of mere information services without any commercial or transactional component could not meet the use in commerce element, and that the use of the marks at issue was too attenuated from the donation solicitation and the billboard campaign to support Lanham Act liability; A new topic on the transition from operating the Internet Assigned Numbers Authority function pursuant to a contract with the National Telecommunications and Information Administration to a regime of independent, private governance under the supervision of a global multistakeholder community; Action by ICANN to implement a new Trademark Clearinghouse whereby trademark owners can pay ICANN to register exact matches of their trademark, which is designed to gives owners a number of qualified procedural protections; A ruling by the Eleventh Circuit that the functionality of a software program was not entitled to trade secret protection under the Georgia Trade Secrets Act even though the program was password protected in Warehouse Solutions, Inc. v. Integrated Logistics, LLC; And more.
New in the 2017 Supplement: The Supreme Court s decision in Samsung Electronics Co., Ltd. v. Apple Inc., assessing monetary damages for infringement of a design patent, holding that a component of a product can embody a design just as easily as a complete product purchasable by a consumer, but declining to provide a test for determining whether a complete product or a component of that product embodies a given design The Supreme Court s ruling in Life Technologies Corp. et al. v. Promega Corp. addressing whether supply of a single component of a multicomponent invention can give rise to liability under §271(f)(1), and concluding that it required more than a single component Federal Circuit decisions upholding patent claims as patent eligible in Enfish, LLC v. Microsoft Corp., BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC, McRO, Inc. v. Bandai Namco Games America, Inc., Amdocs (Israel) Ltd. v. Openet Telecom, Inc., and Thales Visionix Inc. v. United States, and more The Fifth Circuit s decision in GlobeRanger Corp. v. Software AG that the Texas trade secret misappropriation law was not preempted by the Copyright Act The Federal Circuit ruling in Apple, Inc. v. Ameranth, Inc. that found claims directed to software for generating a second menu from a first menu by allowing selection of categories and items to be patent ineligible The Federal Circuit s ruling in Avid Tech., Inc. v. Harmonic, Inc., which offered guidance on the level of disclaimer needed to be clear and unmistakable Discussion of all precedential Federal Circuit cases involving computer-related technologies since Bilski and Alice, through mid-2017 Guidance from the Federal Circuit in GNPE Corp. v. Apple Inc., underscoring the importance of carefully drafting the specification to avoid blanket statements about the invention , which can serve to narrow the scope of seemingly broad claims USPTO guidance published in December 2016 providing additional business method examples for use in conjunction with the 2014 Interim Guidance
Patent litigation has assumed a pivotal role in today's global economy. In response to the increased prominence of patents, the Complex Litigation Committee of the prestigious American College of Trial Lawyers (ACTL) has authored a manual that provides a balanced view of the issues in each phase of a patent case for judges and lawyers. Anatomy of a Patent Case is a concise yet substantial treatise that expertly covers all steps required to bring a patent case to trial, and the key elements that make such litigation unique. The Third Edition of Anatomy of a Patent Case specifically addresses the complex technical, procedural, and legal issues inherent in a patent lawsuit that are not usually found in other types of civil litigation. It is limited to the unique characteristics of patent litigation and has been added to the Federal Judicial Center's resource library for district court judges and their law clerks. The handbook provides concise coverage of the fundamentals, effective lessons from the most significant cases, and essential insights from leading experts and judges. The new Third Edition includes: a brand-new Chapter 15, Patent Office Inter Partes Review (IPR) and Other AIA Trial Proceedings: Comparison and Interplays with Patent Litigation, addressing key features of PTAB trials and the impact of PTAB trials on patent litigation in federal courts; the impact of changes in the law resulting from numerous decisions from the Supreme Court, as well as the Federal Circuit Court of Appeals, including, what subject matter is eligible for patent protection, how the all-important claim construction determination is to be made and when attorneys fees should be granted; amendments to the Federal Rules of Civil Procedure that alter pleading requirements; and much more.
Now in its third edition, the material in this book has been refined specifically for students at Georgetown University Law Center in Washington, D.C. Every aspect of these materials focuses on improving students' proficiency in one specific event: the trial of a patent case. This material provides the perfect casebook for anyone who wishes to impart patent trial basics, or simply wants to improve their skills in this arena. As trials become less common today, the need for teaching and enhancing trial skills increases. These course materials are the result of the authors' fifteen years of teaching an advanced course in trial practice geared specifically to a patent infringement trial. This material had its genesis in a project for the American Bar Association and National Institute for Trial Advocacy as a program for practicing lawyers. Now in its third edition, the material has been refined specifically for undergraduate students at Georgetown University Law Center in Washington, D.C. The authors have now taught the course to several hundred undergraduate law students. Every aspect of these materials is focused on improving students' proficiency in one event: the trial of a patent case. This material is the perfect casebook for anyone who wishes to impart patent trial basics, or simply wants to improve their skills in this arena.
The source that judges use to review patent issues Patent Law and Practice was first published by the Federal Judicial Center in 1988 as a one-volume introduction to patent law for federal judges. Since that time, judges and their law clerks have come to rely on this reference for up-to-date information on patent law as it has evolved in response to the courts, Congress, and changes in practice at the Patent and Trademark Office (PTO). Patent Law and Practice has been cited by courts more than 100 times since its initial publication, most notably in the Supreme Court decision, Markman v. Westview Instruments. The all-newEighth Edition summarizes and analyzes the most recent developments in the law, including the sweeping changes resulting from the Supreme Court and Federal Circuit decisions that have: redefined the concepts of patent-eligible subject matter, paving the way for new validity challenges to patents covering software, business methods, as well as those for diagnostic methods and other biotechnology inventions (the Mayo/Myriad/Alice trilogy and the Federal Circuit and District Court decisions that have implemented the new Supreme Court analysis); redefined the standards for resolving challenges to claim indefiniteness and appeals of District Court claim construction decisions (Nautilus v. Biosig Instruments and Teva v. Sandoz); redefined the concept of the exceptional case for which a successful litigant may recover its attorney fees (the Octane Fitness and Highmark decisions); and further changed the law of remedies, including the required proofs to obtain injunctive relief and to claim damages, both generally and in the context of standards essential patents (the cellphone war cases, including Apple v. Samsung, Apple v. Motorola, Microsoft v. Motorola and Ericsson v. D-Link Systems).
Trademark
This a free casebook designed for use in a three-credit trademark course (it also includes one chapter each on false advertising and the right of publicity). These materials are available under a Creative Commons Attribution 4.0 International (CC BY 4.0) license. Please contact the author if you would like a Word version. Videos covering many of the subjects in the text may be found here: https://www.youtube.com/channel/UC2nKErnl37yyIfl5ApgFinA
Trademark Law: An Open-Source Casebook is a free, “open” textbook designed for a four-credit trademark course, which is what I teach at NYU School of Law. Model syllabi for four-credit and three-credit courses are available in the Faculty Resources section of this website. All faculty teaching trademark law are welcome to access the Faculty Resources, including the faculty discussion forum, by becoming a registered user of the site. To register, write me at barton@bartonbeebe.com. The casebook is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Detailed, practical analysis of the full range of federal and state trademark infringement remedies This treatise provides trademark owners and their counsel the guidance they need to effectively defend and protect their brands and maintain the value of trademarks. It covers all aspects of trademark rights, liabilities, and remedies, as well as the civil infringement remedies available today in federal and state courts, and provides keen insight from expert practitioners. The Third Edition discusses necessary elements in establishing liability for trademark and unfair competition; principles for equitable relief and the impact of bad faith on a practitioner s case; issuance of preliminary and permanent injunctions; wrongful seizure of another s goods occurring in the area of extraordinary relief; attorneys fees; availability of special enforcement remedies; relief and remedies under state law for infringement and unfair competition; and special relief available in counterfeiting cases. The thoroughly revised Third Edition includes extensively updated chapters on The Origin of Trademark Rights and the Nature of the Interests Protected, and General Principles. Other new discussions in the Third Edition include the following: The Federal Circuit s ruling in Princeton Vanguard, LLC v. Frito-Lay North America, Inc., rejecting the Trademark Trial and Appeal Board s statement that there are two different tests that can be used to analyze genericness The Federal Circuit s decision in In reDriven Innovations, Inc.,in which the court explained that when a mark fails to cause an instantaneous mental leap to the attributes of the goods or services, suggestiveness is strongly indicated In Romag Fasteners, Inc. v. Fossil, Inc., the Federal Circuit (applying Second Circuit law) reviewed the state of the law in the Second Circuit and concluded that willfulness is a requirement for an award of profits Expanded discussions on plaintiff s damages, including barriers to double recovery and measurement of lost profits Examination of how courts are treating requests for fees after Octane Fitness, including decisions by the Fifth Circuit in Vetter v. McAtee and the Ninth Circuit in SunEarth, Inc. v. Sun Earth Solar Power Co. And much more
Trademark Dilution: Federal, State, and International Law, Second Edition helps sort through the controversy and confusion surrounding the Trademark Dilution Revision Act (TDRA) of 2006, the ways in which the Act makes clear that the likelihood of dilution is the standard for analyzing federal dilution claims, and the complications that may arise under state law. The Second Edition has been revamped and decentralized, resulting in several newly separated chapters to make it easier to find relevant features. It has eight chapters on federal dilution law, covering all topics and featuring discussions and citations of a larger number of cases than ever before. A revised state dilution law section with new chapters devoted to defenses and remedies is included, as well as updated coverage of newly adopted state laws-particularly those influenced by the most recent Model State Trademark Bill. The international chapter has been revised to include coverage of many more countries, while retaining the comprehensive coverage of the European Union, Canada, and Japan. This treatise also updates developments in state dilution laws where several states have adopted the new (2007) version of the Model State Trademark Bill. The Second Edition analyzes several major new cases, including: Rosetta Stone v. Google, where the Fourth Circuit distinguished its well known case of Louis Vuitton v. Haute Diggity Dog by reversing the grant of summary judgment to defendant on the issues of trademark use, fair use, and likelihood of dilution Starbucks v. Wolfe s Borough Coffee, where the district court rejected a federal dilution claim after remand, despite evidence of mental association Research in Motion Ltd. v. Defining Presence Marketing Group, Inc.; Nike, Inc. v. Maher; and Rolex Watch U. S. A. Inc. v. AFP Imaging Corp., sparking discussions of the need for a famous mark and applications of the TDRA factors for dilution by blurring. The first two cases upheld oppositions based on dilution, while the third case rejected a dilution claim. Trademark Dilution: Federal, State, and International Law, Second Edition analyzes the Dilution in the Trademark Trial & Appeal Board (TTAB), providing discussions of non-precedential cases which are useful insights into the TTAB s thought process, even if they cannot be cited as precedent. It also discusses continuing development and use of the multifactor test for dilution and analyzes lower court applications of the TDRA. Knowing how courts are using this test is critical to advising on the likely outcome of cases.
