Intellectual Property Stories

by Ginsburg, Jane C.; Dreyfuss, Rochelle Cooper

• ISBN13: 9781587787270
• ISBN10: 158778727X
• Edition: 1st
• Format: Paperback
• Copyright: 2005-12-05
• Publisher: Foundation Press

Summary

Intellectual Property Stories assembles 15 nationally-recognized full-time members of the intellectual property professorate to bring famous cases to life by exploring the history, policy, and human interests underlying the canonic cases in the field. The stories are organized into six chapters, each drawing on cases in patents, copyrights, trademarks, or unfair competition, to illustrate the problems intellectual property law encounters. The works, inventions, and marks at issue in these cases vary widely. Many of the stories illustrate more than the issue identified in the chapter title. Thus, it is possible to confine one's reading to an individual intellectual property regime, and still encounter most of the issues common to the whole field. However, each of the stories is written in a manner that will interest and instruct intellectual property students and scholars across the breadth of the field, without requiring particular knowledge of any of its specialized branches.

Table of Contents

Introduction and Overview	1	(8)
Jane C. Ginsburg
Rochelle Cooper Dreyfuss
Justifications for Intellectual Property Protection	9	(68)
The Story of INS v. AP: Property, Natural Monopoly, and the Uneasy Legacy of a Concocted Controversy (Unfair Competition)	9	(27)
Douglas G. Baird
The Story of Wheaton v. Peters: A Curious Chapter in the History of Judicature (Copyright)	36	(41)
Craig Joyce
Creativity and Inventiveness	77	(82)
The Story of Bleistein v. Donaldson Lithographing Company: Originality as a Vehicle for Copyright Inclusivity (Copyright)	77	(32)
Diane Leenheer Zimmerman
The Story of Graham v. John Deere Company: Patent Law's Evolving Standard of Creativity (Patents)	109	(50)
John F. Duffy
Robert P. Merges
Freedom of Ideas and of Competition	159	(100)
The Story of Baker v. Selden: Sharpening the Distinction Between Authorship and Invention (Copyright)	159	(35)
Pamela Samuelson
The Story of Diamond v. Diehr: Toward Patenting Software (Patents)	194	(26)
Maureen A. O'Rourke
The Story of Kellogg Co. v. National Biscuit Co.: Breakfast with Brandeis (Trademarks and Unfair Competition)	220	(39)
Graeme B. Dinwoodie
Scope of Protection	259	(68)
The Story of Folsom v. Marsh: Distinguishing Between Infringing and Legitimate Uses (Copyright)	259	(39)
R. Anthony Reese
The Story of Graver Tank v. Linde: Intellectual Property Infringement in Flux (Patents)	298	(29)
John R. Thomas
Responses to Technological Change	327	(68)
The Story of Diamond v. Chakrabarty: Technological Change and the Subject Matter Boundaries of the Patent System (Patents)	327	(31)
Rebecca S. Eisenberg
The Story of Sony v. Universal Studios: Mary Poppins Meets the Boston Strangler (Copyright)	358	(37)
Jessica Litman
International Dimensions of Protection	395	(32)
The Story of Steele v. Bulova: Trademarks on the Line (Trademarks)	395	(32)
Graeme W. Austin
Author's Bios	427