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Eyes on the Prize: Procedures and Strategies for Collecting Money Judgments and Shielding Assets
No full textThis concise handbook is a modern roadmap to civil procedure, focusing on the often-overlooked process of collecting or defending against the collection of money judgments. It guides law students, new practitioners, and interested readers through key aspects such as domestication of judgments, debtor discovery, asset seizure, property liens, exemptions, fraudulent conveyance recovery, and bankruptcy.https://repository.law.uic.edu/facbooks/1016/thumbnail.jp
Nationalizing TRIPS: An Examination Through Exceptions, 18 J. Marshall Rev. Intell. Prop. L. 285 (2019)
Get PDFWhat should not be patentable? The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) codifies certain categories of subject matter that nations can exclude from patent protection. This Article examines how nations have interpreted these exclusions through an analysis of their national manuals of patent examining procedure and more importantly what explicit exceptions to patentability these countries have listed. The Article proceeds to analyze both the similarities and differences in approaches towards exclusions that attempt to ban the same subject matter from patentability and differences in what countries have chosen to bar from patenting. The Article concludes with an argument for a harmonization of the international patent regime, noting how some countries have taken substantial liberties with the TRIPS language
Insolvency and Trademarks: How the Bankruptcy Code\u27s Treatment of Trademarks Promotes Naked Licensing, 18 J. Marshall Rev. Intell. Prop. L. 475 (2019)
Get PDFIn 1988, Congress amended § 365 of the Bankruptcy Code, which deals with the rejection of executory contracts, in order to allow intellectual property licensees to retain usage rights. However, this amendment did not include adding trademarks to the Bankruptcy Code’s definition of “intellectual property.” As such, Circuit Courts are divided on what remedies are available to trademark licensees following a licensor’s rejection of their agreement. Recently, the circuit split escalated when the First Circuit decided Mission Product Holdings, Inc. v. Tempnology, LLC, which was inconsistent with the Seventh Circuit’s 2014 holding in Sunbeam Products, Inc. v. Chicago American Manufacturing. Both sides of the circuit split fail to recognize the unique policies of trademark law–that if not respected in a licensing agreement, could result in naked licensing. This Comment proposes the bankruptcy code be amended to include trademarks in the definition of IP, or amended to allow the licensee to enforce terms that have been negotiated if the licensor enters bankruptcy
Notable Employee Benefits Articles of 2018, 163 Tax Notes 1829 (2019)
Get PDFKathryn J. Kennedy and Melissa Travis summarize 10 noteworthy law review articles published in 2018
The Golden Claims: Necessary Support for Nonprovisional Application Prior Art References to be Granted Provisional Application Filing Dates During Inter Partes Review Proceedings, 18 J. Marshall Rev. Intell. Prop. L. 326 (2019)
Get PDFWhether to beat an impending disclosure, disclose the most information possible, or simply to get the earliest possible filing date, provisional patent applications are a beneficial way to protect your patent rights. The few formal and statutory requirements allow provisionals to be prepared on a rush basis. The Federal Circuit held in 2017 that published nonprovisional applications can constitute prior art as of its provisional filing date but only as to elements in the application. However, ambiguity regarding published applications in the Federal Circuit’s 2015 precedent for awarding a patent it’s provisional filing date may lead to increased patent invalidation through Inter Partes Review proceedings
Submission to The U.N. Human Rights Committee in Relation to the List of Issues of the United States Concerning the Unsafe Dumping and Mismanagement of Coal Ash in Puerto Rico
Get PDFThe IHRC has investigated the human rights abuses arising out of the environmental injustices imposed on communities in the southern municipalities of Puerto Rico that represent violations of international human rights, and specifically of the International Covenant on Civil and Political Rights (“ICCPR”). Since 1994, Applied Energy Systems (“AES”), a private American energy company, has been responsible for continued coal ash contamination of the southern coastal region of Puerto Rico.[i] AES coal-fired power plants in Puerto Rico have released toxic amounts of coal ash into the air and water, negatively impacting air quality and drinking water for residents in this area.[ii] Further, the use of coal ash in Agremax,[iii] a construction material, and the unsuitable disposal methods of coal ash used by AES has led to further airborne pollution and water contamination. The Puerto Rican government has acquiesced and supported AES permitting the continuous and persistent environmental harm and related health risks affecting Puerto Ricans.[iv]Members of the affected communities and the public have not been informed of the environmental harm affecting them and of the potential and probable health risks posed by such environmental harm. Affected communities have not been consulted throughout the process and have been unable to provide their free, prior and informed consent. Additionally, affected communities and the public have had their rights to expression, information and participation suppressed by the government when expressing their opposition to the egregious and continuous environmental harm.
[i] Power Purchase & Operating Agreement, available at http://www.utier.org/documentos/contratos/aes.pdf.
[ii] Id.
[iii] Leaching Behavior of “AGREMAX” Collected from a Coal-Fired Power Plant in Puerto Rico, U.S. Environmental Protection Agency, https://cfpub.epa.gov/si/si_public_record_report.cfm?dirEntryId=307594 (last visited May 3, 2018) (“Agremax as a “a partially solidified mixture of coal combustion fly ash and bottom ash” used in construction materials.”).
[iv] The U.N. Human Rights Committee has recognized that United States has the obligation to protect the rights of the people of Puerto Rico as a territory of the United States. U.N. Human Rights Comm., Concluding Observations on the Fourth Periodic Report of the United States of America, ¶ 7, U.N.Doc. CCPR/C/USA/CO/4 (Apr. 23, 2014)
Overcoming Abstract Idea Exception of Patent Subject Matter Eligibility under 2019 Revised Patent Subject Matter Eligibility Guidance, 18 J. Marshall Rev. Intell. Prop. L. 382 (2019)
Get PDFThis article discusses the judicial abstract idea exception of the current patent subject matter eligibility under 35 U.S.C. § 101. The current § 101 jurisprudence has been heavily criticized by lower courts and patent-stakeholders because it is hard to delineate the scope of the abstract idea exception within the current patent eligibility standard. In response, the United States Patent and Trademark Office (USPTO) issued the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG). This article addresses the issue of whether the 2019 PEG fills the gap in the ambiguity of the test by summarizing the 2019 PEG. Then, the article suggests practical ways to overcome the abstract idea exception under the 2019 PEG