The John Marshall Review of Intellectual
Property Law (“RIPL”) is
proud to present the second issue of our ninth volume.Focusing on developments in the law and
the progress of science and the useful arts, the articles within delve into a number
of pertinent issues across the spectrum of intellectual property law.
The first lead article, written by Judge
Matthew F. Kennelly and Edward D. Manzo, offers insight into the Northern
District of Illinois’ Local Patent Rules.As members of the committee of district court judges and experienced
lawyers that initially drafted the Rules, the authors provide a step-by-step
guide in applying them.
The second lead article addresses the
much discussed Google Library Project.In this article, Jonathan Band examines Google’s endeavor, the class
action lawsuit Authors Guild v. Google,
Inc., and their potential effects on authors and publishers.
In the third lead article, Sean O’Connor
traces the history of the doctrine of inequitable conduct in patent law and the
distinct development of the United States Patent and Trademark Office’s Rule 56.He proposes a “damages-at-law only”
litigation tactic by patent owners to preclude defendants from invoking the
doctrine.
Tom Brody, in the fourth lead article, identifies
the benefits and consequences of defining one or more examples as “preferred” or
as “preferred embodiments” during patent prosecution.Through an analysis of the lineage of case law derived from Laitram Corp. v. Cambridge Wire Cloth Co.
and Vitronics Corp. v. Conceptronic, Inc.,
the author discloses that a patentee has two distinct arguments for maintaining
or broadening claim scope.
The fifth lead article examines the economic
basis for the United States copyright system.Alina Ng explores the legal implications of recognizing
ownership rights of the author, which are conceptually and legally distinct
from statutory rights under 17 U.S.C. § 106.
In the sixth lead article, Liisa Thomas
and Robert Newman recognize technological improvements and their effect on fair
trade practices, privacy, and freedom of speech.This article identifies the legal developments in
advertising, social networking, and blogging. Additionally, it discusses the actions taken to resolve the
issues created in this new legal frontier.
Finally, this issue includes four student
comments.
