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PUBLICATIONS
| Cite as: J. High Tech. L. |
| Douglas N. Modlin, M.S., Ph.D. & Michael A. Glenn, J.D. |
| Individual inventors often have limited funds with which to balance patent protection and commercial marketing. Modlin and Glenn compare the “first-to-invent” patent protection in the United States to the “first-to-file” approach used in foreign countries. The authors study the impact that these policies have on individual patent holders within the United States and internationally. Next, they suggest strategies for intellectual property protection. Finally, Modlin and Glenn discuss how the proposed “first-inventor-to-file” hybrid in the Patent Reform Act of 2005 favors large corporations but does not benefit individual inventors. |
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| Stephen Mason |
| Mason studies the use of electronic signatures, which enable a digital action to carry the same weight as a manuscript signature. Mason summarizes the development of judicial recognition of different signature forms that led to the use of electronic signatures. A comparison of electronic signature laws from around the world follows, with identification of the leading approaches to digital signatures. Finally, Mason analyzes the functions of digital signatures before concluding that each jurisdiction treats them differently, thus requiring knowledge of the prevailing law in the jurisdiction where the electronic signature will be enforced. |
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| Daniel P. Valentine, J.D., LL.M. |
| Valentine delves into the evolving scope of state sovereign immunity under the Eleventh Amendment of the United States Constitution, as it effects suits for patent infringement, and finds that the Amendment has become a solidified barrier to those seeking enforcement of intellectual property rights against State infringement. Valentine discusses the difficulties faced by Congress in seeking to abrogate the States’ sovereign immunity, and describes the numerous hurdles that Congress must overcome in order to achieve this. Finally, he explores various other remedies through which IP owners may obtain at least partial relief against infringement, including using state tort law, suing a municipality, suing State officers directly, and having the United States sue the State on behalf of the aggrieved party. |
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| Paula W. Foley, J.D., LL.M. |
| Currently most people receive Internet access at home either through telephone lines in the form of DSL provided by telephone companies or through coaxial cables delivered by cable television providers. However, a new form of internet access known as "BPL" or Broadband Over Power Lines, which uses existing electrical wires to deliver broadband internet access, is emerging as a potential competitor in the Internet access service provider market. In her article, Foley explores the history of high-speed internet access services and outlines network access requirements and how they apply to broadband Internet and network neutrality. She then discusses how recent U.S. Supreme Court decisions regarding network access and FCC proceedings have helped to determine the regulatory classification of BPL. |
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| Scott Akehurst-Moore |
| Akehurst-Moore discusses state and federal statutory responses to the recent availability of DNA evidence in criminal prosecutions. He identifies four emerging state models allowing DNA evidence in criminal investigations and analyzes how each extends the statute of limitations for actions brought against a defendant identified by use of a DNA profile. Akehurst-Moore then discusses the criticism surrounding the laws including constitutional requirements of reasonable certainty and the potential deleterious effect on evidence. Finally, he considers various state statutes that may present viable solutions. |
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| Kathleen Goodberlet |
| Goodberlet examines the Federal Trademark Dilution Act (FTDA), enacted by Congress in 1996, and its recent amendment, the Trademark Dilution Revision Act of 2006 (TDRA), Congress’ response to the Supreme Court’s decision in Moseley v. V Secret Catalogue, Inc. She begins with an overview of trademark law and the history of trademark dilution theory in the United States, paying particular attention to the current definition of dilution and the standard of harm necessary for injunctive relief. Goodberlet discusses the disadvantages associated with the FTDA and whether the TDRA’s revised definition of dilution and new standards for injunctive relief will have the effect on current anti-dilution laws that Congress desires in light of the Moseley decision. |
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| Cliff G. Anderson |
| The Check Clearing for the 21st Century Act created a tension between the banking industry and consumer groups. This article explores the dynamics of this tension surrounding the new technologies that the Act encourages within the industry. Anderson argues that the belief by consumer groups that banks will capitalize on Check 21 with higher bank fees, increased bounced check fees or even by selling consumer information is unfounded. He argues that the implementation of the electronic substitute check system by banks will not only result in billions saved by the banking industry in processing fees, but also faster availability of funds to consumers. Finally, Anderson responds to the proposed Consumer Checking Account Fairness Act’s plan to reduce bank deposit hold times, expansion of recredit procedures in Check 21, and elimination of some bank charges for bounced checks as premature given Check 21’s provision requiring the Federal Reserve Board to conduct research on the reduction of hold times. |
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| Ross Wecker |
| The Telecommunications Act of 1996 sought to transform the telecommunications industry by breaking up regional monopolies and creating a more competitive market. Major changes in the industry, primarily the rise of Internet technology, spawned unanticipated problems with this law. Wecker skillfully describes the Telecommunications Act’s “reciprocal compensation” system and why this system was ill-equipped to manage the Internet boom. He instead suggests an alternative known as the “Bill & Keep” system, arguing its potential to remedy the Telecommunications Act’s many flaws. |
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| Sheri Archidiacono, J.D., LL.M. |
| Archidiacono uses the United States District Court for the District of New Jersey’s recent opinion in Arisita Records, Inc. v. Flea World, Inc. as a lens through which to examine the scope and breadth of the Digital Millennium Copyright Act. Specifically, Archidiancono considers whether the broad protection granted to Internet Service Providers from secondary liability in copyright infringements may also apply to offline vendors of pirated music. Finally, Archidiacono argues that because courts have experienced difficulty in applying the Digital Millennium Copyright Act, Congress should step in and take remedial action. |
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