You limited your search to:

 Collection: Congressional Research Service Reports
An Overview of the "Patent Trolls" Debate

An Overview of the "Patent Trolls" Debate

Date: August 20, 2012
Creator: Yeh, Brian T.
Description: This report reviews the current debate and controversy surrounding "patent assertion entities" (PAEs) and their effect on innovation, examines the reasons for the rise in PAE litigation, and explores the legislative options available to Congress if it decides that these are issues that should be addressed.
Contributing Partner: UNT Libraries Government Documents Department
Online Copyright Infringement and Counterfeiting: Legislation in the 112th Congress

Online Copyright Infringement and Counterfeiting: Legislation in the 112th Congress

Date: January 10, 2012
Creator: Yeh, Brian T.
Description: The global nature of the Internet offers expanded commercial opportunities for intellectual property (IP) rights holders but also increases the potential for copyright and trademark infringement. This report discusses the following recent draconian legislation in regard to this topic: the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act); the Stop Online Piracy Act (SOPA); and the Online Protection and Enforcement of Digital Trade Act (OPEN Act).
Contributing Partner: UNT Libraries Government Documents Department
Online Copyright Infringement and Counterfeiting: Legislation in the 112th Congress

Online Copyright Infringement and Counterfeiting: Legislation in the 112th Congress

Date: December 5, 2011
Creator: Yeh, Brian T.
Description: The global nature of the Internet offers expanded commercial opportunities for intellectual property (IP) rights holders but also increases the potential for copyright and trademark infringement. This report discusses legislation regarding this topic: the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act) and the Stop Online Piracy Act (SOPA).
Contributing Partner: UNT Libraries Government Documents Department
Illegal Internet Streaming of Copyrighted Content: Legislation in the 112th Congress

Illegal Internet Streaming of Copyrighted Content: Legislation in the 112th Congress

Date: December 1, 2011
Creator: Yeh, Brian T.
Description: This report describes streaming technology, explains the disparity in criminal penalties for different forms of infringement committed by electronic means, analyzes legislation in the 112th Congress that would harmonize penalties for illegal streaming with those available for other forms of online copyright infringement, and summarizes arguments for and against such a legislative change.
Contributing Partner: UNT Libraries Government Documents Department
A Legal Analysis of S. 968, the PROTECT IP Act

A Legal Analysis of S. 968, the PROTECT IP Act

Date: July 7, 2011
Creator: Yeh, Brian T. & Miller, Jonathan
Description: This report discusses the legality of S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act). It is related to the Combating Online Infringement and Counterfeits Act (COICA), which was approved by the Senate Judiciary Committee, but not enacted by the full Senate before the end of the 111th Congress.
Contributing Partner: UNT Libraries Government Documents Department
Pharmaceutical Patent Litigation Settlements: Implications for Competition and Innovation

Pharmaceutical Patent Litigation Settlements: Implications for Competition and Innovation

Date: January 20, 2011
Creator: Thomas, John R.
Description: This report introduces and analyzes innovation policy issues concerning pharmaceutical patent litigation settlements, including pharmaceutical patent litigation procedures under the Hatch-Waxman Act, the concept of reverse payment settlements, the status of reverse payment settlements under the antitrust laws, and congressional issues and alternatives.
Contributing Partner: UNT Libraries Government Documents Department
Intellectual Property in Industrial Designs: Issues in Innovation and Competition

Intellectual Property in Industrial Designs: Issues in Innovation and Competition

Date: January 5, 2011
Creator: Thomas, John R.
Description: Report that identifies several current issues relating to intellectual property in industrial designs. It describes the different sorts of intellectual property protection that apply to industrial designs, and identifies current issues at the interface between intellectual property and industrial designs.
Contributing Partner: UNT Libraries Government Documents Department
Patent Reform: Judicial Developments in Areas of Legislative Interest

Patent Reform: Judicial Developments in Areas of Legislative Interest

Date: January 5, 2011
Creator: Thomas, John R.
Description: This report reviews the relationship between Congress and the courts in patent reform. It begins by offering a summary of the patent system. The report then discusses a number of topics that have been the subject of both judicial and legislative consideration. The current state of the law is then contrasted with legislative reform proposals before previous Congresses. The report closes with observations concerning the subtle interaction between legislative, administrative, and judicial actors within the patent system and their impact upon the U.S. innovation environment.
Contributing Partner: UNT Libraries Government Documents Department
The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

Date: November 16, 2010
Creator: Schacht, Wendy H.
Description: Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96-517, Amendments to the Patent and Trademark Act, commonly referred to as the "Bayh-Dole Act" after its two main sponsors former Senators Robert Dole and Birch Bayh. Under this 1980 law, as amended, title to inventions made with government support is provided to the contractor if that contractor is a small business, a university, or other non-profit institution. This report discusses the rationale behind the passage of P.L. 96-517, its provisions, and implementation of the law.
Contributing Partner: UNT Libraries Government Documents Department
False Patent Marking: Litigation and Legislation

False Patent Marking: Litigation and Legislation

Date: October 20, 2010
Creator: Yeh, Brian T.
Description: This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future.
Contributing Partner: UNT Libraries Government Documents Department
False Patent Marking: Litigation and Legislation

False Patent Marking: Litigation and Legislation

Date: September 20, 2010
Creator: Yeh, Brian T.
Description: This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future.
Contributing Partner: UNT Libraries Government Documents Department
An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law

An Overview of Recent U.S. Supreme Court Jurisprudence in Patent Law

Date: September 17, 2010
Creator: Yeh, Brian T.
Description: This report provides a brief summary of the Supreme Court's patent law jurisprudence in the following nine cases that have been decided since 2005: Merck KGaA v. Integra Lifesciences I, Unitherm Food Systems v. Swift-Eckrich, Illinois Tool Works v. Independent Ink, eBay v. MercExchange, Laboratory Corporation of America Holdings v. Metabolite Labs., MedImmune v. Genentech, KSR International Co. v. Teleflex Inc., Microsoft v. AT&T, Quanta Computer, Inc. v. LG Electronics, Inc., and Bilski v. Kappos.
Contributing Partner: UNT Libraries Government Documents Department
Deferred Examination of Patent Applications: Implications for Innovation Policy

Deferred Examination of Patent Applications: Implications for Innovation Policy

Date: May 27, 2010
Creator: Thomas, John R.
Description: This report provides an overview of deferred patent examination. It begins by offering a brief review of patent acquisition proceedings as well as challenges faced by the U.S. Patent and Trademark Office (USPTO). The report then introduces the concept of deferred examination. The potential positive and negative consequences of deferred examination upon the environment for innovation within the United States are then explored. The report closes by identifying salient design parameters for deferred examination systems and reviewing congressional options.
Contributing Partner: UNT Libraries Government Documents Department
The Jurisprudence of Justice John Paul Stevens: Selected Opinions on Intellectual Property Law

The Jurisprudence of Justice John Paul Stevens: Selected Opinions on Intellectual Property Law

Date: May 14, 2010
Creator: Yeh, Brian T.
Description: This report briefly surveys decisions of retiring Justice John Paul Stevens in intellectual property cases. An examination of Justice Stevens' written opinions relating to intellectual property law reveals a strong desire to ensure that the rights of intellectual property creators are balanced with the rights of the public to access creative and innovative works.
Contributing Partner: UNT Libraries Government Documents Department
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Date: May 5, 2010
Creator: Manuel, Kate M.
Description: In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other rights holders disagreed. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the status of the litigation over the Library Project.
Contributing Partner: UNT Libraries Government Documents Department
Use of Trademarks as Keywords to Trigger Internet Search Engine Advertisements

Use of Trademarks as Keywords to Trigger Internet Search Engine Advertisements

Date: March 22, 2010
Creator: Yeh, Brian T.
Description: This report provides a summary and analysis of judicial opinions that have developed the current state of trademark law governing keyword-triggered advertising. It discusses background of the issue, keyword advertising, and litigation related to keyword advertising.
Contributing Partner: UNT Libraries Government Documents Department
The Copyright Registration Requirement and Federal Court Jurisdiction: A Legal Analysis of Reed Elsevier, Inc. v. Muchnick

The Copyright Registration Requirement and Federal Court Jurisdiction: A Legal Analysis of Reed Elsevier, Inc. v. Muchnick

Date: March 18, 2010
Creator: Yeh, Brian T.
Description: In New York Times Co. v. Tasini, six freelance authors who had contributed articles to several publications, including The New York Times, Newsday, and Time, sued when the publishers licensed rights to copy and sell the articles to electronic databases such as Lexis/Nexis. Shortly after the Court decided Tasini, three preexisting class action infringement suits, which had been suspended pending the decision, were activated and consolidated in the U.S. District Court for the Southern District of New York. A fourth, nearly identical action was coordinated with that consolidated action. Together, these claims comprise the litigation discussed in this report.
Contributing Partner: UNT Libraries Government Documents Department
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Date: November 27, 2009
Creator: Manuel, Kate M.
Description: In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other rights holders disagreed. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the status of the litigation over the Library Project.
Contributing Partner: UNT Libraries Government Documents Department
Qui Tam: An Abbreviated Look at the False Claims Act and Related Federal Statutes

Qui Tam: An Abbreviated Look at the False Claims Act and Related Federal Statutes

Date: August 6, 2009
Creator: Doyle, Charles
Description: This is a brief discussion of the constitutional questions raised by qui tam provisions; of the history of such provisions; and of the three existing, active federal qui tam statutes--the False Claims Act, 31 U.S.C. 3729-3733; the false marking patent statute, 35 U.S.C. 292; and the Indian protection provisions of 25 U.S.C. 201.
Contributing Partner: UNT Libraries Government Documents Department
Follow-On Biologics: Intellectual Property and Innovation Issues

Follow-On Biologics: Intellectual Property and Innovation Issues

Date: August 3, 2009
Creator: Schacht, Wendy H. & Thomas, John R.
Description: This report reviews doctrinal and policy issues pertaining to follow-on biologics. The report first introduces the application of federal food and drug legislation to follow-on biologics. It next turns to the patent implications of marketing follow-on biologics. Following this review of substantive law, the remainder of the report introduces innovation policy issues pertaining to follow-on biologics.
Contributing Partner: UNT Libraries Government Documents Department
The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Date: July 6, 2009
Creator: Manuel, Kate M.
Description: The Google Book Search Library Project, announced in December 2004, raised important questions about infringing reproduction and fair use under copyright law. Google planned to digitize, index, and display "snippets" of print books in the collections of five major libraries without the permission of the books' copyright holders, if any. Google's proposed reproduction and display of copyrighted books was not authorized by the rights holders, who alleged that the Google Library Project infringed their copyrights. This report provides background on the Library Project, legal issues raised by digitization and indexing projects, and the proposed settlement.
Contributing Partner: UNT Libraries Government Documents Department
Copyright Protection for Fashion Design: A Legal Analysis of the Design Piracy Prohibition Act (H.R. 2196)

Copyright Protection for Fashion Design: A Legal Analysis of the Design Piracy Prohibition Act (H.R. 2196)

Date: June 1, 2009
Creator: Yeh, Brian T.
Description: Fashion design does not currently receive explicit protection under U.S. copyright law. This report analyzes the amendments that the Design Piracy Prohibition Act would make to the Copyright Act to provide for fashion design protection. It also summarizes arguments both in favor of and against extending such protection.
Contributing Partner: UNT Libraries Government Documents Department
Intellectual Property Rights and Access to Medicines: International Trade Issues

Intellectual Property Rights and Access to Medicines: International Trade Issues

Date: May 28, 2009
Creator: Ilias, Shayerah
Description: This report focuses on the relationship between intellectual property right (IPR) provisions in international and U.S. trade policy and access to medicines. This issue represents one component of a broader debate about the relationship between trade policy and public health.
Contributing Partner: UNT Libraries Government Documents Department
Patent Reform in the 111th Congress: Innovation Issues

Patent Reform in the 111th Congress: Innovation Issues

Date: April 9, 2009
Creator: Schacht, Wendy H. & John R. Thomas
Description: This study provides an overview of current patent reform issues. It begins by offering a summary of the structure of the current patent system and the role of patents in innovation policy. The report then reviews some of the broader issues and concerns, including patent quality, the high costs of patent litigation, international harmonization, and speculation in patents, that have motivated these diverse legislative reform proposals.
Contributing Partner: UNT Libraries Government Documents Department