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The Uncertain Protection of Derivative Trade Secrets, 18 J. Marshall Rev. Intell. Prop. L. 241 (2019)
Get PDFThis article discusses when a trade secret misappropriation claim can be premised on the acquisition, disclosure, or use of a product or method derived from a trade secret, rather than the acquisition, disclosure, or use of a trade secret itself. Although this question is likely to take on increasing importance as digital products that were made through the use of trade secrets and that can easily be copied become a larger part of everyday life, courts have rarely focused on it and have not come to any consensus. In this article, we survey the existing, inconsistent case law and analyze it in light of the applicable statutory text and relevant public policy considerations. The article provides some conclusions and takeaways for practitioners
When Enough Is Not Enough: Can Post Filing Experimental Data Bridge the Gap in Patent Disclosure of Non-Enabling Specifications in The Unpredictable Arts?, 18 J. Marshall Rev. Intell. Prop. L. 496 (2019)
Get PDFOn issues of 35 U.S.C. §112, the Federal Circuit has been inconsistent in determining the extent to which patent applicants need to disclose examples of their claimed inventions in patent specifications to fully enable their patent claims. Confusion as to how many or what types of examples amount to sufficient disclosure is augmented for inventions in the unpredictable arts, such as chemistry, biotechnology, and pharmaceuticals. Current practice skewing towards disclosure of examples in greater numbers is a misguided effort to satisfy enablement, as shown by patents at issue in two recent Federal Circuit cases. A qualitative approach to disclosure is recommended, and post filing experimental data is proposed as a limited remedy to retroactively fill gaps in disclosure during patent prosecution
Panel II: Blockchain Regulation and Criminal Law, 34 UIC J. Marshall J. Priv. & Tech. L. 31 (2019)
Get PDFThe most disruptive technology to emerge in the past decade, blockchain technology has had an immediate impact on the legal industry to address the new issues that blockchain, cryptocurrencies, and distributed ledger technologies present. This panel discusses current and potential regulatory issues facing blockchain technology, including ICOs and securities regulation, prevention of blockchain use in criminal activities, the uncertain tax landscape, and the unique challenges of regulating a global borderless technology
Panel III: Practicing Blockchain Law, 34 UIC J. Marshall J. Priv. & Tech. L. 52 (2019)
Get PDFThe most disruptive technology to emerge in the past decade, blockchain technology has had an immediate impact on the legal industry to address the new issues that blockchain, cryptocurrencies, and distributed ledger technologies present. This panel discusses why it is important for lawyers to take an interest in this area, and more importantly, how lawyers of all experience levels can get involved in the blockchain space. The panel will share diverse experiences and insights from those on the ground who do blockchain legal work
Conservation Easements & Their Critics: Is Perpetuity Truly Forever…And Should It Be?, 52 UIC J. MARSHALL L. REV 677 (2019)
Get PDFPrivate Covenants, Public Laws, and the Financial Future of Condominiums, 52 UIC J. MARSHALL L. REV 715 (2019)
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