Intellectual Property Law – Page 42 – Marquette University Law School Faculty Blog

Favorite Wisconsin/Seventh Circuit Cases: A “Non-Patent, Patent” Case

Post author:Kali N. Murray
Post published:February 8, 2009
Post category:Intellectual Property Law

This is an unusual blog post for me in that for once I am playing it straight with Michael’s request of the month. Just one case will be discussed! This, however, is not through any intentional strategy on my part. To use a colloquial phrase “the pickings were slim” since the Court of Appeals for the Federal Circuit hears most patent-related matters. To say the choice was “slim,” however, does not mean there was no fertile ground, and so I am selecting County Materials Corp. v. Allan Block Corp., 502 F.3d 730 (7th Cir. 2007), as my “favorite case.”

In County Materials, the Seventh Circuit, among other items, analyzed whether County Materials (a Wisconsin corporation) could sustain a claim of “patent misuse” against Allan Block (a Minnesota corporation). The case is an interesting one because County Materials is a great example of what, in her opinion, Judge Diane Woods (awesomely) refers to as a “non-patent, patent case” that falls within the jurisdiction of the regional courts of appeals, rather than the Federal Circuit, because the dispute before the court was not one where federal patent law creates the cause of action or is necessary to resolve the circumstances of the case.

That Was the Copyright Year That Was

Post author:Bruce E. Boyden
Post published:January 20, 2009
Post category:Intellectual Property Law

I recently compiled a list of the biggest developments in copyright law in 2008, based on a not very systematic survey. I thought it would be worth sharing here, as I know that I often wish for lists like this myself. So here for your perusal is my list, grouped by topic:

3L Charles Stone to Speak at U. of Chicago on Chinese Views of Intellectual Property

Post author:Michael M. O'Hear
Post published:January 13, 2009
Post category:Intellectual Property Law Legal Scholarship

I try to make note here of significant scholarly accomplishments by my faculty colleagues, but our students often do great work as scholars, too. Drawing on his expertise in the field of Chinese culture — he has a Ph.D. in Chinese Language and Literature — 3L Charles Stone has written a fascinating law review comment on classical Chinese attitudes towards intellectual property. I see now that he is presenting on Chinese views regarding intellectual property and the rule of law at the University of Chicago School of Business on Thursday. Information on the event is here.