Lights, Camera, Lawsuit

By: A. J. Bedel As the speed of Internet access improves, the film industry will need to explore its options for eliminating the downloading of digital movie files. After examining the successes and failures of the music industry in its battle with peer-to-peer networks, the film industry has begun to follow its predecessor. However, the nature of film as an entertainment medium is quite different than that of music. As a result, the film industry could implement creative solutions to this problem that would not have been available to the music industry. A recent study shows that most films available on the Internet have been leaked by industry insiders. By implementing an increasingly publicized use of trade secret litigation, the film industry could take a tough and effective stance against the digital dragon. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0031

Pfaff Revisited: How the Federal Circuit Has Elaborated on the “Ready for Patenting” Standard

By: Jennifer F. Miller In Pfaff v. Wells Electronics, Inc., the Supreme Court established a two-part test to determine when an invention is “on sale” for purposes of Title 35 U.S.C. §102(b). In addition to being the subject of a commercial offer for sale, an invention must be “ready for patenting” in order to be considered “on sale.” Since Pfaff, the Court of Appeals for the Federal Circuit has had numerous opportunities to expound upon how inventors can fulfill the latter condition. This iBrief will discuss the factors the Federal Circuit has determined are indicative of an invention’s “ready for patenting” status. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0030

3D Molecular Structures: Patentable Subject Matter Under 35 U.S.C. §101?

By: Ben Quarmby With the advent of protein engineering, the determination of a protein’s 3D structure has taken on a whole new importance. This has prompted some to call for the United States Patent and Trademark Office [USPTO] to break with tradition and allow patents on the three-dimensional structural information of proteins. This iBrief will discuss whether such information would constitute patentable subject matter under 35 U.S.C. §101, and how much protection patents on this information could actually confer. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0029

Europe: Open Market… Open Source?

By: Heather Forrest The recent Proposed Directive on the patentability of computer-implemented inventions takes the European Community a step further down the road towards patents for computer software. If the goal of the Proposed Directive is to facilitate market entry for individual programmers and small and medium enterprises — as it must be within the framework of the European Treaty — then the European Commission should not be expanding intellectual property rights in technology goods, which, by their very nature, will lose value to the public long before their monopoly rights expire. Rather, the Commission should look to the open source movement and other, more temporal means of protection to spur innovation and increase Europe’s competitiveness on the worldwide market for technology goods. Download Full Article (PDF) Cite: 2003 Duke L. & Tech. Rev. 0028