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| apple inc v samsung electronics co: Introduction to American Law St. Clements University - Türkiye, Introduction to American Law Overview of the U.S. Legal System Branches of Government and Separation of Powers The U.S. Constitution and Bill of Rights Administrative Law and Federal Agencies Civil Procedure and the Court System Criminal Law and the Criminal Justice Process Contract Law and Business Transactions Tort Law and Personal Injury Property Law and Real Estate Intellectual Property Law Family Law and Domestic Relations Immigration and Citizenship Law Conclusion and Key Takeaways |
| apple inc v samsung electronics co: Trade Dress and Design Law Graeme B. Dinwoodie, Mark D. Janis, Jason Du Mont, 2024-03-12 A student-friendly text offering an integrated treatment of the different forms of intellectual property protection available for trade dress and designs. Featuring succinct yet in-depth exploration of the protection of trade dress and designs under the laws of trademark and unfair competition, design patent, copyright, and sui generis protection regimes. This book can be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for a variety of intellectual property courses. A substantial chapter on European design laws is also included. New to the 2nd Edition: Substantially updated and rewritten chapters on design patent law reflecting major recent developments Trade dress chapters that reflect recent doctrinal refinements and the application of core Supreme Court decisions such as Wal-Mart and TraFix Revised treatment of copyright protection for designs of useful articles in the wake of the Supreme Court’s Star Athletica decision Enhanced coverage of European design protection Professors and students will benefit from: Analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes. A detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws. Thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property. Exploration of the application of copyright protection to pictorial, graphic, and sculptural works, architectural works, and works of visual art, among others. Coverage of sui generis design protection regimes. |
| apple inc v samsung electronics co: Research Handbook on the Economics of Intellectual Property Law Ben Depoorter, Peter Menell, David Schwartz, 2019 Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it. |
| apple inc v samsung electronics co: Trademark Dilution and Free Riding Daniel R. Bereskin, 2023-12-11 Written by a team of international experts, marshalled by one of the world’s foremost trademark lawyers, Trademark Dilution and Free Riding is the leading comparative work on trademark dilution. This book is a must-have resource for trademark professionals worldwide, and will also stand as a valuable reference point for intellectual property scholars. |
| apple inc v samsung electronics co: The Oxford Handbook of Intellectual Property Law Rochelle C. Dreyfuss, Justine Pila, 2018-04-12 We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy. |
| apple inc v samsung electronics co: Aspen Treatise for Patent Law Janice M. Mueller, 2024-07-19 A succinct, clearly written, first-principles demystification of U.S. patent law-- |
| apple inc v samsung electronics co: IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition Hovenkamp, Janis, Lemley, Leslie, Carrier, 2016-01-01 |
| apple inc v samsung electronics co: The Jury in America Dennis Hale, 2016-02-09 The jury trial is one of the formative elements of American government, vitally important even when Americans were still colonial subjects of Great Britain. When the founding generation enshrined the jury in the Constitution and Bill of Rights, they were not inventing something new, but protecting something old: one of the traditional and essential rights of all free men. Judgment by an “impartial jury” would henceforth put citizen panels at the very heart of the American legal order. And yet at the dawn of the 21st century, juries resolve just two percent of the nation’s legal cases and critics warn that the jury is “vanishing” from both the criminal and civil courts. The jury’s critics point to sensational jury trials like those in the O. J. Simpson and Menendez cases, and conclude that the disappearance of the jury is no great loss. The jury’s defenders, from journeyman trial lawyers to members of the Supreme Court, take a different view, warning that the disappearance of the jury trial would be a profound loss. In The Jury in America, a work that deftly combines legal history, political analysis, and storytelling, Dennis Hale takes us to the very heart of this debate to show us what the American jury system was, what it has become, and what the changes in the jury system tell us about our common political and civic life. Because the jury is so old, continuously present in the life of the American republic, it can act as a mirror, reflecting the changes going on around it. And yet because the jury is embedded in the Constitution, it has held on to its original shape more stubbornly than almost any other element in the American regime. Looking back to juries at the time of America's founding, and forward to the fraught and diminished juries of our day, Hale traces a transformation in our understanding of ideas about sedition, race relations, negligence, expertise, the responsibilities of citizenship, and what it means to be a citizen who is “good and true” and therefore suited to the difficult tasks of judgment. Criminal and civil trials and the jury decisions that result from them involve the most fundamental questions of right, and so go to the core of what makes the nation what it is. In this light, in conclusion, Hale considers four controversial modern trials for what they can tell us about what a jury is, and about the fate of republican government in America today. |
| apple inc v samsung electronics co: Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) Arthur W. Rovine, 2014-10-02 The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation. The 25 papers are organized into the following six parts: Keynote Presentation by Gabrielle Kaufmann-Kohler Part 1: Investor-State Arbitration by Andrea K. Bjorklund, Rudolf Dolzer, Abby Cohen Smutny, John Townsend Part 2: Class Actions and Mass Claims by James Carter, John Crook, Christopher Drahozal, Veijo Heiskanen, Sandrine Giroud, Roman Khodykin, S.I. Strong Part 3: Arbitration of International Disputes on Energy Issues by Arif Ali, Nigel Blackaby, Caline Mouawad, Sarah Vasani Part 4: Investor-State Arbitration (2) by O. Thomas Johnson, Catherine H. Gibson, Mark McNeill, Laurence Shore, Robert Rothkopf, Todd Weiler Part 5: The Arbitration of International Technology Disputes by Gary L. Benton, Rachel Koch, Thomas Halket, John Judge, Paul Klaas, Steven Reisberg Part 6: Mediation by Elizabeth Birch, David Bristow, Hélène de Kovachich |
| apple inc v samsung electronics co: Patents, Trademarks, and Copyrights: Protecting Creative Assets Prof. Gururaj Devarhubli, 2022-09-05 Protect your creative assets with this detailed guide to intellectual property law. Covering patents, trademarks, and copyrights, this book provides essential information for creators and businesses looking to safeguard their innovations and brands. |
| apple inc v samsung electronics co: Trademarks and Unfair Competition Graeme B. Dinwoodie, Mark D. Janis, 2018-08-27 The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope & enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection. New to the 5th Edition: the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act Key Features: coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues traditional case-and-note format, enhanced by problems thorough coverage of trademark issues arising in online commerce integrated coverage of international and domestic doctrine thorough treatment of trade dress protection, integrated with issues of word mark protection |
| apple inc v samsung electronics co: The Cambridge Handbook of Technical Standardization Law Jorge L. Contreras, 2017-12-14 Technical standards are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization. Bringing together more than thirty leading international scholars, advocates, and policymakers, it focuses on two of the most contentious and critical areas pertaining to standards today in key jurisdictions around the world: antitrust/competition law and patent law. (A subsequent volume will focus on international trade, copyright, and administrative law.) This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere. |
| apple inc v samsung electronics co: Beyond the Code Noam Shemtov, 2017-09-07 Although the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs. |
| apple inc v samsung electronics co: IP and Antitrust Christina Bohannan, 2013 |
| apple inc v samsung electronics co: Internet and the Law Aaron Schwabach, 2014-01-15 The world of Internet law is constantly changing and is difficult to follow, even for those for whom doing so is a full-time job. This updated, everything-you-need-to-know reference removes the uncertainty. Internet and the Law: Technology, Society, and Compromises, Second Edition is the go-to source for anyone who needs clear explanations of complex legal concepts related to online practices and content. This wide-ranging, alphabetical reference explores diverse areas of law, including territorial jurisdiction and taxation, that are relevant to or affected by advances in information technology and the rise of the Internet. Particular emphasis is placed on intellectual property law and laws regarding freedom of expression. The Internet, as this book shows, raises questions not only about how to protect intellectual creations, but about what should be protected. Entries also discuss how the Web has brought First Amendment rights and free expression into question as society grapples with attempts to control leaks and to restrict content such as pornography, spam, defamation, and criminal speech. |
| apple inc v samsung electronics co: Szycher’s Practical Handbook of Entrepreneurship and Innovation Michael Szycher, 2018-09-04 This practical and comprehensive handbook offers step-by-step instruction, guiding entrepreneurs of innovative technology startups all the way from idea to profitability. With its easy-to-follow format aimed at both experienced as well as novice entrepreneurs, this book covers all technical, financial, legal, and governmental hurdles facing startups. It discusses common causes of business failure and points out the pitfalls to avoid in getting innovative technology successfully to market. |
| apple inc v samsung electronics co: Intellectual Property Russell L. Parr, Yuridia Caire, 2021-04-20 Stay informed about the latest developments in US intellectual property law In the latest 2021 Cumulative Supplement to the fifth edition of Intellectual Property: Valuation, Exploitation, and Infringement Damages, readers will find reliable guidance and expert commentary on the latest legislative amendments, the most recent regulatory changes, and the most impactful cases adjudicated in 2020 and 2021 in the US. You???ll explore of-the-moment updates covering critical issues in the valuation, exploitation and infringement of intellectual property written by the expert team behind the celebrated text, Intellectual Property: Valuation, Exploitation, and Infringement Damages. |
| apple inc v samsung electronics co: The Protection of Non-Traditional Trademarks Irene Calboli, Martin Senftleben, 2018-12-19 This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in this area across several jurisdictions. This book provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level. In particular, this book addresses relevant international treaties administered by the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) as well as several regional and national legislations and leading judicial decisions in order to examine current law and practice culminating in critical reflections and suggestions on the topic. This is an open access title available under the terms of a CC BY-NC-ND 3.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. |
| apple inc v samsung electronics co: Restoring Consumer Sovereignty Adrian Kuenzler, 2017-08-18 In today's highly concentrated marketplaces, social and cultural values--such as the lifestyle connotations that manufacturers and sellers confer upon their goods--often shape consumers' prior beliefs and attitudes and affect the weight given to new information by consumers who make purchasing decisions in the marketplace. Such consumer goods present the largely unexplored problem of contemporary market regulatory theory according to which an increased amount of product differentiation has rendered everyday purchasing decisions such as the choice between an iPhone or a Samsung Galaxy Note as much a matter of personal identity rather than merely one of tangible product attributes. The basic challenge for market regulators and courts in such an environment is to make markets work effectively by providing a more efficient exchange of information about consumer preferences relating to tangible product features, functions, and quality. This book demonstrates that improved legal policy can assist consumers and increase market efficiency. It acknowledges that once particular beliefs held by consumers have become culturally or socially entrenched, they are very difficult to change. What is more, changing such beliefs is no longer simply a matter of educating people through the provision of additional information. Developing a novel framework through a detailed analysis of case law relating to consumer goods markets, this book delivers an accessible introduction to the law and economics of consumer decision-making, and a forceful critique of contemporary market regulatory policy. |
| apple inc v samsung electronics co: Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy , 2024-05-02 This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy. |
| apple inc v samsung electronics co: International Intellectual Property in an Integrated World Economy Frederick M. Abbott, Thomas Cottier, Francis Gurry, Ryan B. Abbott, Mira Burri, Henning Grosse Ruse-Khan, Maegan McCann, 2024-02-03 International Intellectual Property in an Integrated World Economy, Fifth Edition provides a comprehensive analysis of the international intellectual property system across the spectrum of intellectual property (IP) rights and interests. It introduces the institutional architecture at the multilateral, regional/plurilateral, bilateral, and national levels. For each form of IP, it addresses the legal rules and illustrative jurisprudence with a focus on major jurisdictions, as well as economic and social welfare implications. It also considers the continuously growing importance of IP in a constantly changing technological environment, currently reflected in the rise of artificial intelligence (AI) and its deployment in creative and inventive activities. Each of the authors has played a role in the development and implementation of the international rules, and they bring their experience to bear in introducing students to the field. New to the Fifth Edition: New co-authors: Ryan B. Abbott, Mira Burri, Henning Grosse Ruse-Khan, and Maegan McCann, who bring additional expertise to the book The latest developments in bilateral and regional agreements regulating intellectual property, including implementation of the EU Unitary Patent and Unified Patent Court system and the EU intermediaries’ liability regime for copyright infringement Important new judicial decisions, including the U.S. Supreme Court decisions in Google v. Oracle and Andy Warhol Foundation v. Goldsmith, as well as decisions from EU and U.S. courts addressing identifiers for food products (Emmental and Gruyere cheeses) Developments in AI in the context of content-creation, inventions, IP-registration and enforcement, as well as support or substitute for human decision-making The expanding discourse on trade secret protection and its importance for international technology transfer The phenomenon of the anti-suit injunction in international patent litigation Benefits for instructors and students: An approach to the international IP system that situates the rules within the broader context of international law and the public policy objectives that governments, industry, and interest groups are seeking to achieve Case law from international dispute settlement bodies, as well as from national and regional courts and administrative authorities Discussion of patent, trademark, copyright, design, trade secret, and geographical indication protection, as well as plant variety protection, the protection of genetic resources and traditional knowledge, and the role of open source and open innovation systems An explanation of the European Union Unitary Patent system Exploration of the increasingly important role of emerging market IP systems Materials to help students understand the disputes between the United States and China involving IP, investment, and transfer of technology Identification of important trends in the enforcement of IP |
| apple inc v samsung electronics co: Law of Intellectual Property Craig Allen Nard, Michael J. Madison, Mark P. McKenna, 2017-02-24 This comprehensive and practical book focuses on the core concepts of Intellectual Property. Its innovative pedagogy engages students with problems drawn from actual cases and provides them with introductions to cases and contextual summaries in the notes. Patent: Up to date Federal Circuit and Supreme Court case law, including: • Nautilus, Alice, Teva, Williamson, and Lexmark • Detailed substantive comments following the principal cases • More statistics and charts, particularly relating to USPTO decision-making and PTAB inter partes review • Enhanced Patent Reform Perspectives (i.e., America Invents Act) Copyright: • Expanded coverage of contemporary developments in copyright law, with 13 new cases; • Broader coverage of recent developments gives adopters greater flexibility in choosing materials within that structure. Trademark: • Updated to reflect recent Supreme Court decisions • New materials on bars to registration, functionality, expressive use, and remedies |
| apple inc v samsung electronics co: Protecting Designs in America William K. Wells, 2022-08-01 This book is a primer for designers and attorneys who represent them for protecting product designs from copying by competitors. Particularly for consumer products, designers spend a great effort into making otherwise purely functional items into works of art one enjoys having displayed in their kitchen, bathroom, office, shop, and elsewhere. Yet unscrupulous competitors can copy or mimic the designs often with impunity. To the extent designers have attempted to protect the design through some form, the effort often falls short. Product designers, sometimes referred to as industrial designers, typically are not aware of the plethora of alternatives available to them and which of these offer the best avenue of protection for the lowest cost. Often the lawyers who represent them are so focused on one particular approach, while other alternatives are overlooked. This book brings to light the various modes of protection for designers with detailed analysis of each from a realaEURworld perspective. The three major modes of intellectual property rights for designers are design patents, trademarks or trade dress, and copyright. Each of these has its own special characteristics that make it a good or bad choice depending on the nature of the design and the willingness of the designer to bear the costs and effort in securing the rights. Some rights may be obtained relatively easily but extremely difficult to enforce. Others may require additional effort and cost up front but will bear more fruit when asserted against an infringer. The book breaks down each IP right into the ease of obtaining the right, remedies associated with each, and the challenges in enforcing them. For attorneys, the book combines in one place the advantages and disadvantages of each mode of protection with discussion of relevant case law and statutes. Most attorneys have expertise in at least one of the three major modes of protection but not all three. This material will enable attorneys to better appreciate other areas of specialty in advising clients. Similarly, the designer will be able to assess the individual attorney's expertise and, if necessary, bring together a multiaEURdisciplined approach to protect a unique product design. |
| apple inc v samsung electronics co: The Law of Chemical and Pharmaceutical Invention Jerome Rosenstock, 2012 |
| apple inc v samsung electronics co: The Right to Repair Aaron Perzanowski, 2022-02-08 In recent decades, companies around the world have deployed an arsenal of tools - including IP law, hardware design, software restrictions, pricing strategies, and marketing messages - to prevent consumers from fixing the things they own. While this strategy has enriched companies almost beyond measure, it has taken billions of dollars out of the pockets of consumers and imposed massive environmental costs on the planet. In The Right to Repair, Aaron Perzanowski analyzes the history of repair to show how we've arrived at this moment, when a battle over repair is being waged - largely unnoticed - in courtrooms, legislatures, and administrative agencies. With deft, lucid prose, Perzanowski explains the opaque and complex legal landscape that surrounds the right to repair and shows readers how to fight back. |
| apple inc v samsung electronics co: Innovators, Firms, and Markets Jonathan M. Barnett, 2021-01-17 This book presents a theoretical, historical and empirical account of the relationship between intellectual property rights, organizational type and market structure. Patents expand transactional choice by enabling smaller R&D-intensive firms to compete against larger firms that wield difficult-to-replicate financing, production and distribution capacities. In particular, patents enable upstream firms that specialize in innovation to exchange informational assets with downstream firms that specialize in commercialization, lowering capital and technical requirements that might otherwise impede entry. These theoretical expectations track a novel organizational history of the U.S. patent system during 1890-2006. Periods of strong patent protection tend to support innovation ecosystems in which smaller innovators can monetize R&D through financing, licensing and other relationships with funding and commercialization partners. Periods of weak patent protection tend to support innovation ecosystems in which innovation and commercialization mostly take place within the end-to-end structures of large integrated firms. The proposed link between IP rights and organizational type tracks evidence on historical and contemporary patterns in IP lobbying and advocacy activities. In general, larger and more integrated firms (outside pharmaceuticals) tend to advocate for weaker patents, while smaller and less integrated firms (and venture capitalists who back those firms) tend to advocate for stronger patents. Contrary to conventional assumptions, the economics, history and politics of the U.S. patent system suggest that weak IP rights often shelter large incumbents from the entry threat posed by smaller R&D-specialist entities-- |
| apple inc v samsung electronics co: The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech Roger D. Blair, D. Daniel Sokol, 2017-04-07 This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech. |
| apple inc v samsung electronics co: Lawyer's Desk Book, 2nd Edition Shilling, 2018-09-18 Lawyer's Desk Book is an extraordinary guide that you can't afford to be without. Used by over 150,000 attorneys and legal professionals, this must-have reference supplies you with instant, authoritative legal answers, without exorbitant research fees. Packed with current, critical information, Lawyer's Desk Book includes: Practical guidance on virtually any legal matter you might encounter: real estate transactions, trusts, divorce law, securities, tax planning, credit and collections, employer-employee relations, personal injury, and more - over 70 key legal areas in all! Quick answers to your legal questions, without having to search stacks of material, or wade through pages of verbiage. Key citations of crucial court cases, rulings, references, code sections, and more. More than 1500 pages of concise, practical, insightful information. No fluff, no filler. Just the facts you need to know. The Lawyer's Desk Book, Second Edition incorporates recent court decisions, legislation, and administrative rulings. Federal statutes and revised sentencing guides covered in this edition reflect a growing interest in preventing terrorism, punishing terror-related crimes, and promoting greater uniformity of sentencing. There is also new material on intellectual property law, on legislation stemming from corporate scandals, such as the Sarbanes- Oxley Act, and on legislation to cut individual and corporate tax rates, such as the Jobs and Growth Tax Relief Reconciliation Act. Chapters are in sections on areas including business planning and litigation, contract and property law, and law office issues. Previous Edition: Lawyer's Desk Book, 2018 Edition, ISBN 9781454885153¿ |
| apple inc v samsung electronics co: The Protection of Geographical Indications Michael Blakeney, 2019-12-27 Encapsulating the most recent changes in the law, this second edition of The Protection of Geographical Indications investigates the European laws which regulate the way that geographical indications can be used in the marketing of agricultural products, food, wines and spirits. Key updates to this comprehensive second edition include two new chapters exploring the impact of Brexit and considering the protection of EU geographical indications outside Europe and of foreign geographical indications within the EU. |
| apple inc v samsung electronics co: The Big Steal Jonathan M. Barnett, 2024-11-08 The Big Steal uncovers the unusual confluence of ideological views and business interests behind the dilution of legal protections for inventors and artists under U.S. patent and copyright law. Concurrent with the rise of the digital economy, policymakers significantly weakened legal protections against the unauthorized use of technological inventions and creative works. Through an evidence-based analysis informed by the economics and politics of digital markets, Jonathan Barnett shows that this policy shift has advantaged digital intermediaries at the expense of the innovators and artists that drive the knowledge economy |
| apple inc v samsung electronics co: The Economics of Innovation and Intellectual Property Bronwyn H. Hall, Christian Helmers, 2024-10-04 The first comprehensive textbook covering all aspects of the economics of innovation and the role of intellectual property in encouraging or discouraging innovation. Innovation is widely viewed as the engine behind economic growth, and it has assumed increasing importance in contemporary economic research. In The Economics of Innovation and Intellectual Property, Bronwyn H. Hall and Christian Helmers introduce readers to the use of economic analysis for the understanding of technical change and the innovative process, its determinants, and consequences. The authors cover innovation basics, the measurement of returns to innovation for individuals and the economy, and the use of intellectual property protection by innovators. They focus on the various ways patents have been used by industry to secure returns to innovation, as well as the strategic use of patents, and they emphasize present-day technologies including pharmaceuticals, software, and AI. Clearly organized and accessible, The Economics of Innovation and Intellectual Property offers a useful introduction to economics, business, public policy, and legal studies, and provides a comprehensive collection of references and information from a variety of sources across disciplines. It also includes various boxes with definitions and examples, as well as a brief mathematical appendix explaining concepts that may be unfamiliar and an introduction to data sources. |
| apple inc v samsung electronics co: Litigation Services Handbook Roman L. Weil, Daniel G. Lentz, Elizabeth A. Evans, 2017-03-30 The comprehensive bible for financial experts providing litigation support The Litigation Services Handbook is the definitive guide for financial experts engaged in litigation services. Attorneys require financial experts now more than ever, and this book provides the guidance you need to provide a high level of service as witness and consultant. Enhance your litigation skills as you delve into the fine points of trial preparation, deposition, and testimony; project authority under examination, and hold up to tough questions under cross-examination. Fraud investigations are a major component of litigation support services, and this book delves deep into Sarbanes-Oxley compliance and other relevant topics to give you a foundational understanding of how these cases are prosecuted, and your role as the financial services expert. This updated sixth edition includes new coverage of technology's role in the financial expert's practice, and the focus on investigations provides practical insight from leading experts in the field. From the process itself to proving damages, this indispensable reference covers all aspects of litigation services. Providing litigation support requires more than just your financial expertise; you also need a working knowledge of relevant case law, and a deep understanding of both the litigation process and the finer points of courtroom appearances. This book provides the insight and perspective you need to provide superior service to attorneys and their clients. Understand your role in trial preparation and testimony presentation Provide authoritative responses to direct and cross examination Examine and analyze Sarbanes-Oxley rulings Lend financial expertise to fraud investigations The growing demand for financial expert litigation services has created a niche market for CPAs, creating a lucrative opportunity for qualified accountants who also possess the specialized knowledge the role requires. The Litigation Services Handbook is THE essential guide for anyone involved in financial litigation. |
| apple inc v samsung electronics co: Intellectual Property and Competition Law Peter Chrocziel, Moritz Lorenz, 2016-05-15 Inevitably, every marketed product or service can always be located at the intersection of intellectual property law and competition law, a nexus rife with potential problems throughout the ‘life’ of an intellectual property (IP) right. This important book is the first to focus in depth on this intersection in the European context, masterfully elucidating the consequences for IP rights owners from the right’s inception to its transfer, sale, or demise. The authors describes and analyses the following topics and more in detail: • characteristics, purpose and theoretical justifications of IP rights; • obtaining, maintaining, and exploiting an IP right; • effects of provisions of European competition law regarding cartels, block exemptions, abuse of dominant position, free movement of goods, and merger control; • competition between originator companies and generic companies; • licensing, especially the problem of refusal to grant a license; and • enforcement of an IP right. The book analyses all major cases affecting aspects of the intersection, supported by an examination of the historical background and political influence concerning the two areas of European law. There are also special chapters on the prominent and influential national legal systems of Germany, the United States, China, The Netherlands, and the United Kingdom. An annex provides texts of the major antitrust regulations dealing with European IP rights. As a ‘biography’ of IP rights focusing on areas of entanglement with European competition law, this book is without peer. Its clear-sighted view of the status quo and emerging trends in the two fields will be of immeasurable value to practitioners, policymakers, and academics dealing with issues at the intersection of intellectual property law and competition law in Europe and elsewhere. |
| apple inc v samsung electronics co: Mechanisms to Enable Follow-On Innovation Alina Wernick, 2021-05-13 The patent system is based on one-patent-per-product presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents. |
| apple inc v samsung electronics co: Patent Wars Thomas F. Cotter, 2018-06-01 Patents are ubiquitous in contemporary life. Practically everything we use incorporates one or more patented inventions, and recent years have witnessed epic disputes over such matters as the patenting of human genes, the control of smartphone design and technology, the marketing of patented drugs, and the conduct of patent trolls accused of generating revenue from nuisance litigation. But what exactly is a patent? Why do governments grant them? Can patents simultaneously encourage new invention, while limiting monopoly and other abuses? In Patent Wars, Thomas Cotter, one of America's leading patent law scholars, offers an accessible, lively, and up-to-date examination of the current state of patent law, showing how patents affect everything from the food we eat to the cars we drive to the devices that entertain and inform us. Beginning with a general overview of patent law and litigation, the book addresses such issues as the patentability of genes, medical procedures, software, and business methods; the impact of drug patents and international treaties on the price of health care; trolls; and the smartphone wars. Taking into account both the benefits and costs that patents impose on society, Cotter highlights the key issues in current debates and explores what still remains unknown about the effect of patents on innovation. An essential one-volume analysis of the topic, Patent Wars explains why patent laws exist in the first place and how we can make the system better. |
| apple inc v samsung electronics co: Interviewing and Investigating Stephen P. Parsons, 2024 Introduction to interviews and investigations for paralegal students-- |
| apple inc v samsung electronics co: COPYRIGHT, PATENTS, TRADEMARKS AND TRADE SECRETS LAWS Jagdish Krishanlal Arora, 2023-11-27 Master the Intricacies of Intellectual Property Law Are you ready to navigate the complex world of intellectual property? Dive into a comprehensive guide that will revolutionize your understanding and arm you with the knowledge to protect your creative and innovative endeavors. Attention: Imagine having a complete understanding of copyrights, patents, trademarks, and trade secrets. Whether you're a creator, entrepreneur, or legal professional, this book provides an in-depth exploration designed to meet your needs. Interest: You'll uncover the distinctions and definitions of each intellectual property type in the opening chapter. As you progress, delve into the nuances of copyright law, from registration procedures to understanding the public domain. Curious about patent law? Learn about the application process, examination, and grant procedures. Trademark enthusiasts will find valuable insights into brand protection and enforcement. And for those guarding trade secrets, discover effective identification and protection strategies. Desire: With well-structured chapters, this book equips you with the skills to navigate legal landscapes with ease. Gain confidence in handling copyright infringement, grasp the significance of the Copyright Act of 1976, and make informed choices between copyrights and patents. Through engaging examples and detailed explanations, you'll see your knowledge transform into practical expertise. Action: Don't miss the chance to elevate your intellectual property knowledge. Get your hands on this essential guide and become adept at safeguarding your intellectual assets. Whether you're defending a unique invention or ensuring your brand stands out, this book is the ultimate resource. Equip yourself with the tools to succeed in the ever-evolving world of intellectual property today. |
| apple inc v samsung electronics co: Cyberethics: Morality and Law in Cyberspace Richard A. Spinello, 2020-02-04 Cyberethics: Morality and Law in Cyberspace, Seventh Edition provides a comprehensive and up-to-date investigation of the internet’s influence on our society and our lives. |
| apple inc v samsung electronics co: Modern American Remedies Douglas Laycock, Richard L. Hasen, 2018-08-15 Modern American Remedies: Cases and Materials, Fourth Edition, 2018 Supplement |
| apple inc v samsung electronics co: Copyright Class Struggle Hannibal Travis, 2018-10-04 Earning an income in our time often involves ownership of or control over creative assets. Employing the law and philosophy of economics, this illuminating book explores the legal controversies that emerge when authors, singers, filmmakers, and social media barons leverage their rights into major paydays. It explores how players in the entertainment and technology sectors articulate claims to an ever-increasing amount of copyright-protected media. It then analyzes efforts to reform copyright law, in the contexts of 1) increasing the rights of creators and sellers, and 2) allocating these rights after employment and labor disputes, constitutional challenges to intellectual property law, efforts to legalize online mashups and remixes, and changes to the amount of streaming royalties paid to actors and musicians. This work should be read by anyone interested in how copyright law - and its potential reform - shapes the ownership of ideas in the social media age. |
| apple inc. v. samsung electronics co.: Introduction to American Law St. Clements University - Türkiye, Introduction to American Law Overview of the U.S. Legal System Branches of Government and Separation of Powers The U.S. Constitution and Bill of Rights Administrative Law and Federal Agencies Civil Procedure and the Court System Criminal Law and the Criminal Justice Process Contract Law and Business Transactions Tort Law and Personal Injury Property Law and Real Estate Intellectual Property Law Family Law and Domestic Relations Immigration and Citizenship Law Conclusion and Key Takeaways |
| apple inc. v. samsung electronics co.: Trade Dress and Design Law Graeme B. Dinwoodie, Mark D. Janis, Jason Du Mont, 2024-03-12 A student-friendly text offering an integrated treatment of the different forms of intellectual property protection available for trade dress and designs. Featuring succinct yet in-depth exploration of the protection of trade dress and designs under the laws of trademark and unfair competition, design patent, copyright, and sui generis protection regimes. This book can be used as the main text in an advanced course devoted to trade dress and designs, or may be used as a supplemental text for a variety of intellectual property courses. A substantial chapter on European design laws is also included. New to the 2nd Edition: Substantially updated and rewritten chapters on design patent law reflecting major recent developments Trade dress chapters that reflect recent doctrinal refinements and the application of core Supreme Court decisions such as Wal-Mart and TraFix Revised treatment of copyright protection for designs of useful articles in the wake of the Supreme Court’s Star Athletica decision Enhanced coverage of European design protection Professors and students will benefit from: Analysis and comparison of the protection of trade dress and designs under numerous intellectual property regimes. A detailed exploration of the protection of trade dress and designs under trademark and unfair competition laws. Thorough treatment of design patent law, an area that is neglected in most student texts on intellectual property. Exploration of the application of copyright protection to pictorial, graphic, and sculptural works, architectural works, and works of visual art, among others. Coverage of sui generis design protection regimes. |
| apple inc. v. samsung electronics co.: Research Handbook on the Economics of Intellectual Property Law Ben Depoorter, Peter Menell, David Schwartz, 2019 Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it. |
| apple inc. v. samsung electronics co.: Trademark Dilution and Free Riding Daniel R. Bereskin, 2023-12-11 Written by a team of international experts, marshalled by one of the world’s foremost trademark lawyers, Trademark Dilution and Free Riding is the leading comparative work on trademark dilution. This book is a must-have resource for trademark professionals worldwide, and will also stand as a valuable reference point for intellectual property scholars. |
| apple inc. v. samsung electronics co.: The Oxford Handbook of Intellectual Property Law Rochelle C. Dreyfuss, Justine Pila, 2018-04-12 We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy. |
| apple inc. v. samsung electronics co.: Aspen Treatise for Patent Law Janice M. Mueller, 2024-07-19 A succinct, clearly written, first-principles demystification of U.S. patent law-- |
| apple inc. v. samsung electronics co.: IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, 3rd Edition Hovenkamp, Janis, Lemley, Leslie, Carrier, 2016-01-01 |
| apple inc. v. samsung electronics co.: The Jury in America Dennis Hale, 2016-02-09 The jury trial is one of the formative elements of American government, vitally important even when Americans were still colonial subjects of Great Britain. When the founding generation enshrined the jury in the Constitution and Bill of Rights, they were not inventing something new, but protecting something old: one of the traditional and essential rights of all free men. Judgment by an “impartial jury” would henceforth put citizen panels at the very heart of the American legal order. And yet at the dawn of the 21st century, juries resolve just two percent of the nation’s legal cases and critics warn that the jury is “vanishing” from both the criminal and civil courts. The jury’s critics point to sensational jury trials like those in the O. J. Simpson and Menendez cases, and conclude that the disappearance of the jury is no great loss. The jury’s defenders, from journeyman trial lawyers to members of the Supreme Court, take a different view, warning that the disappearance of the jury trial would be a profound loss. In The Jury in America, a work that deftly combines legal history, political analysis, and storytelling, Dennis Hale takes us to the very heart of this debate to show us what the American jury system was, what it has become, and what the changes in the jury system tell us about our common political and civic life. Because the jury is so old, continuously present in the life of the American republic, it can act as a mirror, reflecting the changes going on around it. And yet because the jury is embedded in the Constitution, it has held on to its original shape more stubbornly than almost any other element in the American regime. Looking back to juries at the time of America's founding, and forward to the fraught and diminished juries of our day, Hale traces a transformation in our understanding of ideas about sedition, race relations, negligence, expertise, the responsibilities of citizenship, and what it means to be a citizen who is “good and true” and therefore suited to the difficult tasks of judgment. Criminal and civil trials and the jury decisions that result from them involve the most fundamental questions of right, and so go to the core of what makes the nation what it is. In this light, in conclusion, Hale considers four controversial modern trials for what they can tell us about what a jury is, and about the fate of republican government in America today. |
| apple inc. v. samsung electronics co.: Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2013) Arthur W. Rovine, 2014-10-02 The 2013 volume of Contemporary Issues in International Arbitration and Mediation: The Fordham Papers is a collection of important works in the field written by the speakers at the 2013 Fordham Law School Conference on International Arbitration and Mediation. The 25 papers are organized into the following six parts: Keynote Presentation by Gabrielle Kaufmann-Kohler Part 1: Investor-State Arbitration by Andrea K. Bjorklund, Rudolf Dolzer, Abby Cohen Smutny, John Townsend Part 2: Class Actions and Mass Claims by James Carter, John Crook, Christopher Drahozal, Veijo Heiskanen, Sandrine Giroud, Roman Khodykin, S.I. Strong Part 3: Arbitration of International Disputes on Energy Issues by Arif Ali, Nigel Blackaby, Caline Mouawad, Sarah Vasani Part 4: Investor-State Arbitration (2) by O. Thomas Johnson, Catherine H. Gibson, Mark McNeill, Laurence Shore, Robert Rothkopf, Todd Weiler Part 5: The Arbitration of International Technology Disputes by Gary L. Benton, Rachel Koch, Thomas Halket, John Judge, Paul Klaas, Steven Reisberg Part 6: Mediation by Elizabeth Birch, David Bristow, Hélène de Kovachich |
| apple inc. v. samsung electronics co.: Patents, Trademarks, and Copyrights: Protecting Creative Assets Prof. Gururaj Devarhubli, 2022-09-05 Protect your creative assets with this detailed guide to intellectual property law. Covering patents, trademarks, and copyrights, this book provides essential information for creators and businesses looking to safeguard their innovations and brands. |
| apple inc. v. samsung electronics co.: Trademarks and Unfair Competition Graeme B. Dinwoodie, Mark D. Janis, 2018-08-27 The many strands of trademark and unfair competition doctrine are organized into a coherent conceptual framework consisting of a brief examination of foundational concepts, followed by thorough treatments of the law on (1) the creation of trademark rights; and (2) the scope & enforcement of trademark rights and some related causes of action. The traditional case-and-note format is enhanced by problems that help students understand intricate key topics. Trademarks and Unfair Competition features many issues related to online commerce, such as cybersquatting, keyword advertising, the relationship between trademarks and domain names, and the potential secondary liability of online auction websites such as eBay. International as well as domestic issues are thoroughly explored. Comprehensive coverage of trade dress protection is integrated with issues of word mark protection. New to the 5th Edition: the Tam and Brunetti decisions striking down the scandalousness and disparagement bars to registration extensive coverage of recent case developments on expressive uses of marks in political and artistic contexts the Belmora decision on well-known marks and developments on extraterritorial application of the Lanham Act Key Features: coherent conceptual framework clearly delineating creation of rights and enforcement of rights issues traditional case-and-note format, enhanced by problems thorough coverage of trademark issues arising in online commerce integrated coverage of international and domestic doctrine thorough treatment of trade dress protection, integrated with issues of word mark protection |
| apple inc. v. samsung electronics co.: The Cambridge Handbook of Technical Standardization Law Jorge L. Contreras, 2017-12-14 Technical standards are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization. Bringing together more than thirty leading international scholars, advocates, and policymakers, it focuses on two of the most contentious and critical areas pertaining to standards today in key jurisdictions around the world: antitrust/competition law and patent law. (A subsequent volume will focus on international trade, copyright, and administrative law.) This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere. |
| apple inc. v. samsung electronics co.: Beyond the Code Noam Shemtov, 2017-09-07 Although the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs. |
| apple inc. v. samsung electronics co.: IP and Antitrust Christina Bohannan, 2013 |
| apple inc. v. samsung electronics co.: Internet and the Law Aaron Schwabach, 2014-01-15 The world of Internet law is constantly changing and is difficult to follow, even for those for whom doing so is a full-time job. This updated, everything-you-need-to-know reference removes the uncertainty. Internet and the Law: Technology, Society, and Compromises, Second Edition is the go-to source for anyone who needs clear explanations of complex legal concepts related to online practices and content. This wide-ranging, alphabetical reference explores diverse areas of law, including territorial jurisdiction and taxation, that are relevant to or affected by advances in information technology and the rise of the Internet. Particular emphasis is placed on intellectual property law and laws regarding freedom of expression. The Internet, as this book shows, raises questions not only about how to protect intellectual creations, but about what should be protected. Entries also discuss how the Web has brought First Amendment rights and free expression into question as society grapples with attempts to control leaks and to restrict content such as pornography, spam, defamation, and criminal speech. |
| apple inc. v. samsung electronics co.: Szycher’s Practical Handbook of Entrepreneurship and Innovation Michael Szycher, 2018-09-04 This practical and comprehensive handbook offers step-by-step instruction, guiding entrepreneurs of innovative technology startups all the way from idea to profitability. With its easy-to-follow format aimed at both experienced as well as novice entrepreneurs, this book covers all technical, financial, legal, and governmental hurdles facing startups. It discusses common causes of business failure and points out the pitfalls to avoid in getting innovative technology successfully to market. |
| apple inc. v. samsung electronics co.: Intellectual Property Russell L. Parr, Yuridia Caire, 2021-04-20 Stay informed about the latest developments in US intellectual property law In the latest 2021 Cumulative Supplement to the fifth edition of Intellectual Property: Valuation, Exploitation, and Infringement Damages, readers will find reliable guidance and expert commentary on the latest legislative amendments, the most recent regulatory changes, and the most impactful cases adjudicated in 2020 and 2021 in the US. You???ll explore of-the-moment updates covering critical issues in the valuation, exploitation and infringement of intellectual property written by the expert team behind the celebrated text, Intellectual Property: Valuation, Exploitation, and Infringement Damages. |
| apple inc. v. samsung electronics co.: The Protection of Non-Traditional Trademarks Irene Calboli, Martin Senftleben, 2018-12-19 This volume offers a detailed analysis of the issues related to the protection of non-traditional marks. In recent years, the domain of trademark law and the scope of trademark protection has grown exponentially. Today, a wide variety of non-traditional marks, including colour, sound, smell, and shape marks, can be registered in many jurisdictions. However, this expansion of trademark protection has led to heated discussions and controversies about the impact of the protection of non-traditional marks on freedom of competition and, more generally, on socially valuable use of these or similar signs in unrelated non-commercial contexts. These tensions have also led to increasing litigation in this area across several jurisdictions. This book provides an overview of the debate and state of the law surrounding non-traditional marks at the international, regional, and national level. In particular, this book addresses relevant international treaties administered by the World Intellectual Property Organization (WIPO) and the Agreement on Trade-Related Aspects to Intellectual Property Rights (TRIPS) as well as several regional and national legislations and leading judicial decisions in order to examine current law and practice culminating in critical reflections and suggestions on the topic. This is an open access title available under the terms of a CC BY-NC-ND 3.0 licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. |
| apple inc. v. samsung electronics co.: Restoring Consumer Sovereignty Adrian Kuenzler, 2017-08-18 In today's highly concentrated marketplaces, social and cultural values--such as the lifestyle connotations that manufacturers and sellers confer upon their goods--often shape consumers' prior beliefs and attitudes and affect the weight given to new information by consumers who make purchasing decisions in the marketplace. Such consumer goods present the largely unexplored problem of contemporary market regulatory theory according to which an increased amount of product differentiation has rendered everyday purchasing decisions such as the choice between an iPhone or a Samsung Galaxy Note as much a matter of personal identity rather than merely one of tangible product attributes. The basic challenge for market regulators and courts in such an environment is to make markets work effectively by providing a more efficient exchange of information about consumer preferences relating to tangible product features, functions, and quality. This book demonstrates that improved legal policy can assist consumers and increase market efficiency. It acknowledges that once particular beliefs held by consumers have become culturally or socially entrenched, they are very difficult to change. What is more, changing such beliefs is no longer simply a matter of educating people through the provision of additional information. Developing a novel framework through a detailed analysis of case law relating to consumer goods markets, this book delivers an accessible introduction to the law and economics of consumer decision-making, and a forceful critique of contemporary market regulatory policy. |
| apple inc. v. samsung electronics co.: Harmonizing Intellectual Property Law for a Trans-Atlantic Knowledge Economy , 2024-05-02 This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy. |
| apple inc. v. samsung electronics co.: International Intellectual Property in an Integrated World Economy Frederick M. Abbott, Thomas Cottier, Francis Gurry, Ryan B. Abbott, Mira Burri, Henning Grosse Ruse-Khan, Maegan McCann, 2024-02-03 International Intellectual Property in an Integrated World Economy, Fifth Edition provides a comprehensive analysis of the international intellectual property system across the spectrum of intellectual property (IP) rights and interests. It introduces the institutional architecture at the multilateral, regional/plurilateral, bilateral, and national levels. For each form of IP, it addresses the legal rules and illustrative jurisprudence with a focus on major jurisdictions, as well as economic and social welfare implications. It also considers the continuously growing importance of IP in a constantly changing technological environment, currently reflected in the rise of artificial intelligence (AI) and its deployment in creative and inventive activities. Each of the authors has played a role in the development and implementation of the international rules, and they bring their experience to bear in introducing students to the field. New to the Fifth Edition: New co-authors: Ryan B. Abbott, Mira Burri, Henning Grosse Ruse-Khan, and Maegan McCann, who bring additional expertise to the book The latest developments in bilateral and regional agreements regulating intellectual property, including implementation of the EU Unitary Patent and Unified Patent Court system and the EU intermediaries’ liability regime for copyright infringement Important new judicial decisions, including the U.S. Supreme Court decisions in Google v. Oracle and Andy Warhol Foundation v. Goldsmith, as well as decisions from EU and U.S. courts addressing identifiers for food products (Emmental and Gruyere cheeses) Developments in AI in the context of content-creation, inventions, IP-registration and enforcement, as well as support or substitute for human decision-making The expanding discourse on trade secret protection and its importance for international technology transfer The phenomenon of the anti-suit injunction in international patent litigation Benefits for instructors and students: An approach to the international IP system that situates the rules within the broader context of international law and the public policy objectives that governments, industry, and interest groups are seeking to achieve Case law from international dispute settlement bodies, as well as from national and regional courts and administrative authorities Discussion of patent, trademark, copyright, design, trade secret, and geographical indication protection, as well as plant variety protection, the protection of genetic resources and traditional knowledge, and the role of open source and open innovation systems An explanation of the European Union Unitary Patent system Exploration of the increasingly important role of emerging market IP systems Materials to help students understand the disputes between the United States and China involving IP, investment, and transfer of technology Identification of important trends in the enforcement of IP |
| apple inc. v. samsung electronics co.: Law of Intellectual Property Craig Allen Nard, Michael J. Madison, Mark P. McKenna, 2017-02-24 This comprehensive and practical book focuses on the core concepts of Intellectual Property. Its innovative pedagogy engages students with problems drawn from actual cases and provides them with introductions to cases and contextual summaries in the notes. Patent: Up to date Federal Circuit and Supreme Court case law, including: • Nautilus, Alice, Teva, Williamson, and Lexmark • Detailed substantive comments following the principal cases • More statistics and charts, particularly relating to USPTO decision-making and PTAB inter partes review • Enhanced Patent Reform Perspectives (i.e., America Invents Act) Copyright: • Expanded coverage of contemporary developments in copyright law, with 13 new cases; • Broader coverage of recent developments gives adopters greater flexibility in choosing materials within that structure. Trademark: • Updated to reflect recent Supreme Court decisions • New materials on bars to registration, functionality, expressive use, and remedies |
| apple inc. v. samsung electronics co.: Protecting Designs in America William K. Wells, 2022-08-01 This book is a primer for designers and attorneys who represent them for protecting product designs from copying by competitors. Particularly for consumer products, designers spend a great effort into making otherwise purely functional items into works of art one enjoys having displayed in their kitchen, bathroom, office, shop, and elsewhere. Yet unscrupulous competitors can copy or mimic the designs often with impunity. To the extent designers have attempted to protect the design through some form, the effort often falls short. Product designers, sometimes referred to as industrial designers, typically are not aware of the plethora of alternatives available to them and which of these offer the best avenue of protection for the lowest cost. Often the lawyers who represent them are so focused on one particular approach, while other alternatives are overlooked. This book brings to light the various modes of protection for designers with detailed analysis of each from a realaEURworld perspective. The three major modes of intellectual property rights for designers are design patents, trademarks or trade dress, and copyright. Each of these has its own special characteristics that make it a good or bad choice depending on the nature of the design and the willingness of the designer to bear the costs and effort in securing the rights. Some rights may be obtained relatively easily but extremely difficult to enforce. Others may require additional effort and cost up front but will bear more fruit when asserted against an infringer. The book breaks down each IP right into the ease of obtaining the right, remedies associated with each, and the challenges in enforcing them. For attorneys, the book combines in one place the advantages and disadvantages of each mode of protection with discussion of relevant case law and statutes. Most attorneys have expertise in at least one of the three major modes of protection but not all three. This material will enable attorneys to better appreciate other areas of specialty in advising clients. Similarly, the designer will be able to assess the individual attorney's expertise and, if necessary, bring together a multiaEURdisciplined approach to protect a unique product design. |
| apple inc. v. samsung electronics co.: The Law of Chemical and Pharmaceutical Invention Jerome Rosenstock, 2012 |
| apple inc. v. samsung electronics co.: The Right to Repair Aaron Perzanowski, 2022-02-08 In recent decades, companies around the world have deployed an arsenal of tools - including IP law, hardware design, software restrictions, pricing strategies, and marketing messages - to prevent consumers from fixing the things they own. While this strategy has enriched companies almost beyond measure, it has taken billions of dollars out of the pockets of consumers and imposed massive environmental costs on the planet. In The Right to Repair, Aaron Perzanowski analyzes the history of repair to show how we've arrived at this moment, when a battle over repair is being waged - largely unnoticed - in courtrooms, legislatures, and administrative agencies. With deft, lucid prose, Perzanowski explains the opaque and complex legal landscape that surrounds the right to repair and shows readers how to fight back. |
| apple inc. v. samsung electronics co.: Innovators, Firms, and Markets Jonathan M. Barnett, 2021-01-17 This book presents a theoretical, historical and empirical account of the relationship between intellectual property rights, organizational type and market structure. Patents expand transactional choice by enabling smaller R&D-intensive firms to compete against larger firms that wield difficult-to-replicate financing, production and distribution capacities. In particular, patents enable upstream firms that specialize in innovation to exchange informational assets with downstream firms that specialize in commercialization, lowering capital and technical requirements that might otherwise impede entry. These theoretical expectations track a novel organizational history of the U.S. patent system during 1890-2006. Periods of strong patent protection tend to support innovation ecosystems in which smaller innovators can monetize R&D through financing, licensing and other relationships with funding and commercialization partners. Periods of weak patent protection tend to support innovation ecosystems in which innovation and commercialization mostly take place within the end-to-end structures of large integrated firms. The proposed link between IP rights and organizational type tracks evidence on historical and contemporary patterns in IP lobbying and advocacy activities. In general, larger and more integrated firms (outside pharmaceuticals) tend to advocate for weaker patents, while smaller and less integrated firms (and venture capitalists who back those firms) tend to advocate for stronger patents. Contrary to conventional assumptions, the economics, history and politics of the U.S. patent system suggest that weak IP rights often shelter large incumbents from the entry threat posed by smaller R&D-specialist entities-- |
| apple inc. v. samsung electronics co.: The Cambridge Handbook of Antitrust, Intellectual Property, and High Tech Roger D. Blair, D. Daniel Sokol, 2017-04-07 This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech. |
| apple inc. v. samsung electronics co.: Lawyer's Desk Book, 2nd Edition Shilling, 2018-09-18 Lawyer's Desk Book is an extraordinary guide that you can't afford to be without. Used by over 150,000 attorneys and legal professionals, this must-have reference supplies you with instant, authoritative legal answers, without exorbitant research fees. Packed with current, critical information, Lawyer's Desk Book includes: Practical guidance on virtually any legal matter you might encounter: real estate transactions, trusts, divorce law, securities, tax planning, credit and collections, employer-employee relations, personal injury, and more - over 70 key legal areas in all! Quick answers to your legal questions, without having to search stacks of material, or wade through pages of verbiage. Key citations of crucial court cases, rulings, references, code sections, and more. More than 1500 pages of concise, practical, insightful information. No fluff, no filler. Just the facts you need to know. The Lawyer's Desk Book, Second Edition incorporates recent court decisions, legislation, and administrative rulings. Federal statutes and revised sentencing guides covered in this edition reflect a growing interest in preventing terrorism, punishing terror-related crimes, and promoting greater uniformity of sentencing. There is also new material on intellectual property law, on legislation stemming from corporate scandals, such as the Sarbanes- Oxley Act, and on legislation to cut individual and corporate tax rates, such as the Jobs and Growth Tax Relief Reconciliation Act. Chapters are in sections on areas including business planning and litigation, contract and property law, and law office issues. Previous Edition: Lawyer's Desk Book, 2018 Edition, ISBN 9781454885153¿ |
| apple inc. v. samsung electronics co.: The Protection of Geographical Indications Michael Blakeney, 2019-12-27 Encapsulating the most recent changes in the law, this second edition of The Protection of Geographical Indications investigates the European laws which regulate the way that geographical indications can be used in the marketing of agricultural products, food, wines and spirits. Key updates to this comprehensive second edition include two new chapters exploring the impact of Brexit and considering the protection of EU geographical indications outside Europe and of foreign geographical indications within the EU. |
| apple inc. v. samsung electronics co.: The Big Steal Jonathan M. Barnett, 2024-11-08 The Big Steal uncovers the unusual confluence of ideological views and business interests behind the dilution of legal protections for inventors and artists under U.S. patent and copyright law. Concurrent with the rise of the digital economy, policymakers significantly weakened legal protections against the unauthorized use of technological inventions and creative works. Through an evidence-based analysis informed by the economics and politics of digital markets, Jonathan Barnett shows that this policy shift has advantaged digital intermediaries at the expense of the innovators and artists that drive the knowledge economy |
| apple inc. v. samsung electronics co.: The Economics of Innovation and Intellectual Property Bronwyn H. Hall, Christian Helmers, 2024-10-04 The first comprehensive textbook covering all aspects of the economics of innovation and the role of intellectual property in encouraging or discouraging innovation. Innovation is widely viewed as the engine behind economic growth, and it has assumed increasing importance in contemporary economic research. In The Economics of Innovation and Intellectual Property, Bronwyn H. Hall and Christian Helmers introduce readers to the use of economic analysis for the understanding of technical change and the innovative process, its determinants, and consequences. The authors cover innovation basics, the measurement of returns to innovation for individuals and the economy, and the use of intellectual property protection by innovators. They focus on the various ways patents have been used by industry to secure returns to innovation, as well as the strategic use of patents, and they emphasize present-day technologies including pharmaceuticals, software, and AI. Clearly organized and accessible, The Economics of Innovation and Intellectual Property offers a useful introduction to economics, business, public policy, and legal studies, and provides a comprehensive collection of references and information from a variety of sources across disciplines. It also includes various boxes with definitions and examples, as well as a brief mathematical appendix explaining concepts that may be unfamiliar and an introduction to data sources. |
| apple inc. v. samsung electronics co.: Litigation Services Handbook Roman L. Weil, Daniel G. Lentz, Elizabeth A. Evans, 2017-03-30 The comprehensive bible for financial experts providing litigation support The Litigation Services Handbook is the definitive guide for financial experts engaged in litigation services. Attorneys require financial experts now more than ever, and this book provides the guidance you need to provide a high level of service as witness and consultant. Enhance your litigation skills as you delve into the fine points of trial preparation, deposition, and testimony; project authority under examination, and hold up to tough questions under cross-examination. Fraud investigations are a major component of litigation support services, and this book delves deep into Sarbanes-Oxley compliance and other relevant topics to give you a foundational understanding of how these cases are prosecuted, and your role as the financial services expert. This updated sixth edition includes new coverage of technology's role in the financial expert's practice, and the focus on investigations provides practical insight from leading experts in the field. From the process itself to proving damages, this indispensable reference covers all aspects of litigation services. Providing litigation support requires more than just your financial expertise; you also need a working knowledge of relevant case law, and a deep understanding of both the litigation process and the finer points of courtroom appearances. This book provides the insight and perspective you need to provide superior service to attorneys and their clients. Understand your role in trial preparation and testimony presentation Provide authoritative responses to direct and cross examination Examine and analyze Sarbanes-Oxley rulings Lend financial expertise to fraud investigations The growing demand for financial expert litigation services has created a niche market for CPAs, creating a lucrative opportunity for qualified accountants who also possess the specialized knowledge the role requires. The Litigation Services Handbook is THE essential guide for anyone involved in financial litigation. |
| apple inc. v. samsung electronics co.: Intellectual Property and Competition Law Peter Chrocziel, Moritz Lorenz, 2016-05-15 Inevitably, every marketed product or service can always be located at the intersection of intellectual property law and competition law, a nexus rife with potential problems throughout the ‘life’ of an intellectual property (IP) right. This important book is the first to focus in depth on this intersection in the European context, masterfully elucidating the consequences for IP rights owners from the right’s inception to its transfer, sale, or demise. The authors describes and analyses the following topics and more in detail: • characteristics, purpose and theoretical justifications of IP rights; • obtaining, maintaining, and exploiting an IP right; • effects of provisions of European competition law regarding cartels, block exemptions, abuse of dominant position, free movement of goods, and merger control; • competition between originator companies and generic companies; • licensing, especially the problem of refusal to grant a license; and • enforcement of an IP right. The book analyses all major cases affecting aspects of the intersection, supported by an examination of the historical background and political influence concerning the two areas of European law. There are also special chapters on the prominent and influential national legal systems of Germany, the United States, China, The Netherlands, and the United Kingdom. An annex provides texts of the major antitrust regulations dealing with European IP rights. As a ‘biography’ of IP rights focusing on areas of entanglement with European competition law, this book is without peer. Its clear-sighted view of the status quo and emerging trends in the two fields will be of immeasurable value to practitioners, policymakers, and academics dealing with issues at the intersection of intellectual property law and competition law in Europe and elsewhere. |
| apple inc. v. samsung electronics co.: Mechanisms to Enable Follow-On Innovation Alina Wernick, 2021-05-13 The patent system is based on one-patent-per-product presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents. |
| apple inc. v. samsung electronics co.: Patent Wars Thomas F. Cotter, 2018-06-01 Patents are ubiquitous in contemporary life. Practically everything we use incorporates one or more patented inventions, and recent years have witnessed epic disputes over such matters as the patenting of human genes, the control of smartphone design and technology, the marketing of patented drugs, and the conduct of patent trolls accused of generating revenue from nuisance litigation. But what exactly is a patent? Why do governments grant them? Can patents simultaneously encourage new invention, while limiting monopoly and other abuses? In Patent Wars, Thomas Cotter, one of America's leading patent law scholars, offers an accessible, lively, and up-to-date examination of the current state of patent law, showing how patents affect everything from the food we eat to the cars we drive to the devices that entertain and inform us. Beginning with a general overview of patent law and litigation, the book addresses such issues as the patentability of genes, medical procedures, software, and business methods; the impact of drug patents and international treaties on the price of health care; trolls; and the smartphone wars. Taking into account both the benefits and costs that patents impose on society, Cotter highlights the key issues in current debates and explores what still remains unknown about the effect of patents on innovation. An essential one-volume analysis of the topic, Patent Wars explains why patent laws exist in the first place and how we can make the system better. |
| apple inc. v. samsung electronics co.: Interviewing and Investigating Stephen P. Parsons, 2024 Introduction to interviews and investigations for paralegal students-- |
| apple inc. v. samsung electronics co.: COPYRIGHT, PATENTS, TRADEMARKS AND TRADE SECRETS LAWS Jagdish Krishanlal Arora, 2023-11-27 Master the Intricacies of Intellectual Property Law Are you ready to navigate the complex world of intellectual property? Dive into a comprehensive guide that will revolutionize your understanding and arm you with the knowledge to protect your creative and innovative endeavors. Attention: Imagine having a complete understanding of copyrights, patents, trademarks, and trade secrets. Whether you're a creator, entrepreneur, or legal professional, this book provides an in-depth exploration designed to meet your needs. Interest: You'll uncover the distinctions and definitions of each intellectual property type in the opening chapter. As you progress, delve into the nuances of copyright law, from registration procedures to understanding the public domain. Curious about patent law? Learn about the application process, examination, and grant procedures. Trademark enthusiasts will find valuable insights into brand protection and enforcement. And for those guarding trade secrets, discover effective identification and protection strategies. Desire: With well-structured chapters, this book equips you with the skills to navigate legal landscapes with ease. Gain confidence in handling copyright infringement, grasp the significance of the Copyright Act of 1976, and make informed choices between copyrights and patents. Through engaging examples and detailed explanations, you'll see your knowledge transform into practical expertise. Action: Don't miss the chance to elevate your intellectual property knowledge. Get your hands on this essential guide and become adept at safeguarding your intellectual assets. Whether you're defending a unique invention or ensuring your brand stands out, this book is the ultimate resource. Equip yourself with the tools to succeed in the ever-evolving world of intellectual property today. |
| apple inc. v. samsung electronics co.: Cyberethics: Morality and Law in Cyberspace Richard A. Spinello, 2020-02-04 Cyberethics: Morality and Law in Cyberspace, Seventh Edition provides a comprehensive and up-to-date investigation of the internet’s influence on our society and our lives. |
| apple inc. v. samsung electronics co.: Modern American Remedies Douglas Laycock, Richard L. Hasen, 2018-08-15 Modern American Remedies: Cases and Materials, Fourth Edition, 2018 Supplement |
| apple inc. v. samsung electronics co.: Copyright Class Struggle Hannibal Travis, 2018-10-04 Earning an income in our time often involves ownership of or control over creative assets. Employing the law and philosophy of economics, this illuminating book explores the legal controversies that emerge when authors, singers, filmmakers, and social media barons leverage their rights into major paydays. It explores how players in the entertainment and technology sectors articulate claims to an ever-increasing amount of copyright-protected media. It then analyzes efforts to reform copyright law, in the contexts of 1) increasing the rights of creators and sellers, and 2) allocating these rights after employment and labor disputes, constitutional challenges to intellectual property law, efforts to legalize online mashups and remixes, and changes to the amount of streaming royalties paid to actors and musicians. This work should be read by anyone interested in how copyright law - and its potential reform - shapes the ownership of ideas in the social media age. |
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