UIC Law Open Access Repository

Schwinn, Steven D.

Must a Plaintiff Who Alleges That Officers Arrested Her in Retaliation for Protected First Amendment Speech Show That Officers Lacked Probable Cause for the Arrest, When the Plaintiff\u27s Arrest Was Unique and When the Arrest Occurred over a Month after the Protected Speech?

Rhea, Derek

English

When Statute and Judicial Doctrine Collide: Doctrine Prevails

 i 
              
 
Volume 24, Issue 1 
              
 
Table of Contents 
 
Articles:  
 
THE COST OF COMPENSATION: A NOVEL LICENSING PLATFORM 
FOR DIGITAL CONTENT POSES UNIQUE COMPROMISE FOR 
ARTISTS AND GENERATIVE AI DEVELOPERS...........................................1 
By Liberty R. Smith 
 
REFOUNDING COPYRIGHT IN THE RIGHT TO DIALOGUE. 
CONSEQUENCES FOR CHATGPT AND OTHER ARTIFICAL 
INTELLIGENCE SERVICES.............................................................................25 
By Dr. Juan Carlos Riofrio 
 
Case Notes:  
 
BIOGEN INT’L GMBH V. BANNER LIFE SCIS. LLC: EXPLORING THE 
OTHER POSSIBILITY THAT COULD HAVE RESULTED.........................51 
By Priyal Patel 
 
WHEN STATUTE AND JUDICIAL DOCTRINE COLLIDE: DOCTRINE 
PREVAILS…………………………………………...................................................70 
By Derek Rhea 
 
  
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UIC  
REVIEW OF INTELLECTUAL PROPERTY LAW 
 
 
EDITORIAL BOARD 
2024-2025 
 
 
KENNETH L. WOODARD JR.* 
Editor-in-Chief 
 
JOANNA GORO* 
Managing Editor  
 
JULIA BLUM* 
Candidacy Editor 
ALEXIA CHIAMBAS* 
Production Editor 
 
ANTHONY V. LETTO* 
Administrative Editor 
 
ANDREA M. MELARAGNO* 
Lead Articles Editor 
 
JACOB R. ALLEN* 
Lead Articles Editor 
 
DOMINIKA KOZANECKA* 
Articles Editor 
 
PRIYAL PATEL* 
Lead Articles Editor 
 
ANTONIO RENE ZUNIGA* 
Lead Articles Editor 
 
GIULIA POROPAT* 
Articles Editor 
 
MADELYN SCHEUBER* 
Articles Editor 
 
MAGGIE A. BROWN* 
Articles Editor 
CASSIE GAIL HINTON* 
Articles Editor 
 
MCKENZIE M. KELLY* 
Social Media/Executive Development Editor 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
* Denotes a May 2025 graduate 
 iii 
ADVISORY BOARD 
 
 
DONALD L. BESCHLE 
Director of Law Reviews 
Professor of Law 
UIC School of Law 
 
YOLANDA M. KING 
Review of Intellectual Property Law Advisor 
Director & Associate Professor of Law 
Center for Intellectual Property, 
Information & Privacy Law 
UIC School of Law 
 
FRANK YOUNG 
Review of Intellectual Property Law Advisor 
Louis L. Biro Law Library 
UIC School of Law 
  
 iv 
Letter from the Editor-in-Chief 
Dear Readers,  
 
I am pleased to announce the publication of Volume 24, Issue 1 of the UIC Review of 
Intellectual Property Law (“RIPL”). This issue features two scholarly articles written by 
Liberty R. Smith and Dr. Juan Carlos Riofrio as well as two student case notes from RIPL 
Lead Articles Editor, Priyal Patel, and UIC Law Review Managing Editor, Derek Rhea.  
 
In the first scholarly article, A Novel Licensing Platform for Digital Content Poses Unique 
Compromise for Artists and Generative AI Developers, Liberty R. Smith proposes a novel 
digital content library and licensing platform designed to practically balance the ultimate 
goals of data-hungry AI developers and starving artists, ensuring that the future is filled 
with more than just AI-generated happy little trees. 
 
In the second scholarly article, Refounding Copyright in the Right to Dialogue. Consequences 
for ChatGPT and Other Artificial Intelligence Services, Dr. Riofrio examines how new 
copyright issues related to works produced with AI cannot be adequately resolved under old 
IP schemes. After reviewing the traditional theoretical justifications for copyright, he 
illustrates how they have influenced the dispersed and disconnected configuration of certain 
rights in favor of authors. 
 
In the first student case note, Biogen Int’l v. Banner Life Scis. LLC: Exploring the Other 
Possibility That Could Have Resulted, Priyal Patel scrutinizes what constitutes an “active 
ingredient” and an “ester of an active ingredient” in order to be covered under a patent term 
extension, given that interpretations of these terms vary under 35 U.S.C. § 156. 
 
Lastly, in the second student case note, When Statute and Judicial Doctrine Collide: Doctrine 
Prevails, Derek Rhea considers the development of obviousness-type double patenting 
(“ODP”), exploring the court’s opinion in In re Cellect. Derek critiques its conclusion and 
proposes that the expiration date for an ODP rejection should be based on the expiration date 
before any PTA is added.  
 
The 2024-25 UIC RIPL Editorial Board has selected two amazing scholarly articles. The first 
article, written by Liberty R. Smith, was selected because of the clarity, relevance, and 
approachability of the article in the way it explores the topic of copyright and AI. Following 
that, we incorporated Dr. Juan Carlos Riofrio’s article which was forwarded to our board from 
the Volume 23 Editorial Board. Dr. Riofrio’s article is also on the topic of copyright and AI 
and the fact that it is the second article is by no means an indication of the quality of 
scholarship. The article is dense, sophisticated, and even poetic; in that way, it nicely builds 
on the foundation laid by the prior article.  
 
After making a call for student case notes, one case note broke through as so expertly written 
that we felt compelled to publish. In her case note, Priyal Patel’s breaks down an extremely 
complex biochemical patent issue related to how courts are to understand active ingredients 
versus active moieties. Every one of our editors who read this article celebrated it and I am 
so proud to have such a brilliant and kind individual represented as a published author for 
this Volume.  
 
 v 
Then, as chance would have it, one day I walked down the hall on the 8th floor of the Chicago 
Bar Association building to discuss a citation question with my colleague, Derek Rhea of the 
UIC Law Review. The question had to do with 35 U.S.C. § 156. Derek immediately recognized 
that the statute dealt with patent term extensions because he had just finished writing a 
case note on the topic but had not yet submitted it for publication anywhere. I invited Derek 
to submit his case note to RIPL for publication and our editors came back with nothing but 
glowing reviews.  
 
Due to this series of circumstances, we have two articles which both discuss copyright and AI 
and build on each other. Following that, we have two student case notes which both deal with 
patent term extensions and also build upon each other. This set of published works are a 
great introduction on copyright, AI, and patents. I hope you will enjoy reading and learning 
from these articles as much as I have.  
 
I am extremely proud of the work that our Lead Article Editors and Article Editors have done 
to prepare this issue. I also want to thank Alexia Chiambas for the many hours and late 
nights producing this issue. I also have to mention Anthony Letto and Julia Blim who have 
gone above and beyond the call of duty all semester long. Finally, I want to express my 
deepest appreciation for our Managing Editor, Joanna Goro, the most efficient, timely, and 
wisest lawyer-journalist I have ever met. Joanna is, without a doubt, the best Managing 
Editor we could have ever dreamed of. Thank you dearly, friend.  
 
Serving as the Editor-in-Chief has been a great honor and I frequently correspond with 
Deema K. Hasan and Peter J. Nikho, as well as other members of the Volume 23 Editorial 
Board for advice and wisdom. I hope the work our board has done so far is making them 
proud.   
 
To the authors of Volume 24, Issue 1: We are deeply grateful for the opportunity to showcase 
your scholarly work and to learn from your expertise throughout the publication process.  
 
To our dedicated readers and subscribers: Your continued engagement with the UIC Review 
of Intellectual Property Law makes our academic discourse possible. I invite all members of 
our intellectual property law community to explore this latest issue, which reflects our 
ongoing commitment to advancing legal scholarship. 
 
Kind Regards, 
 
Kenneth L. Woodard Jr. 
Editor-in-Chief 
 


Table of Contents & Introductory Material

Does the Bureau of Alcohol, Tobacco, and Firearms Have Authority to Regulate Bump Stocks as  Machineguns  under Federal Law?

Does the National Bank Act Preempt a State Law That Requires Banks to Pay Interest on Mortgage-Escrow Accounts?

Do the Federal Courts Retain Jurisdiction over a Case Challenging a Person\u27s Inclusion on the No-Fly List Even after the Government Removed Him from the List and Said That It Would Not Relist Him ‘Based on Currently Available Information?\u27

Larock, Madeleine

The Shortcomings of Mental Health and Substance Use Disorder Parity and Opportunities for Improved Enforcement

Peterson, Adam

Equal Protection from the Bus Stop to the Doorstep: A Case for the Application of Strict Scrutiny for Disability Classifications

Minefield, Jaylen

The Line Between Justice and Abuse: A Critical Review of StateRICO Statutes in Drug Prosecution

Brady, Michael

There’s a New Sheriff in Town: How Federal Consent Decrees with Municipal Police Departments Should Be Structured to Better-Serve Police Departments and the Public

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