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5 Dec 2019, 10:43 am
Sarah Burstein: Reichman is worried that designs can’t satisfy nonobviousness—but the Federal Circuit has removed constraints.Reichman: the Fed Cir has improved it; but still, nonobviousness means that people don’t apply—the lawyers tell the designer there’s no chance. [read post]
23 Oct 2019, 11:52 am
” The CAFC quoted Sarah Burstein who wrote, “[l]imiting the scope of a design patent based on disclosed articles of manufacture also promotes the administrability of the examination process by imposing practicable limits on prior art searching, which would otherwise be unduly time-consuming. [read post]
5 Jun 2020, 1:44 pm
Jun. 1, 2020) (magistrate R&R) Skipping substantive design patent stuff (sorry, Sarah Burstein). [read post]
13 Sep 2017, 9:25 am
Panel at the National Press ClubRT: Huge debt to Sarah Burstein’s work, the best and most scholarly work on the subject—says things that aren’t clearly on either “side” of the present dispute, but I find persuasive. [read post]
7 Jan 2015, 1:20 pm
Via Sarah Burstein: Worldwide Diamond Trademark S, Ltd., v. [read post]
31 Mar 2017, 9:08 am
Jeanne Fromer & Mark McKenna, Claiming DesignCommentators: Sarah Burstein and Rebecca Tushnet RT: Great paper exploring the ways that different claiming regimes contribute to producers’ ability to maximize rights by claiming under multiple overlapping regimes, copyright, design patent, and trade dress. [read post]
28 Oct 2016, 12:01 am
And meanwhile at least one website, FastCo.Design, has raised the question in an article that quotes design patent expert Professor Sarah Burstein saying it wouldn't be impossible to imagine Apple at least sending Google a letter. [read post]
21 Aug 2019, 2:55 am
Sarah Burstein's 2015 article from The Trademark Reporter (here).Text Copyright John L. [read post]
4 Feb 2016, 5:34 am
Apple also notes that Oklahoma Associate Professor of Law Sarah Burstein, who had supported Samsung before the Federal Circuit with respect to design patent damages, decided not to sign her colleagues' Supreme Court brief because she fundamentally disagrees on the question of design patent claim construction (as she made clear in this PatentlyO guest post Apple also points the Supreme Court to).Those facts do suggest that design patent claim construction is of much less… [read post]
30 Mar 2012, 2:32 pm
Sarah Burstein, University of Oklahoma School of Law (beginning fall 2012) In Defense of Design Patents Ralph Brown called design patent a Cinderella who never goes to the ball; today she calls them the ugly stepsisters who everyone loves to hate. [read post]
5 Dec 2019, 10:43 am
Session 2: Legal Protection for DesignIntroduction: Chris Sprigman: what kinds of protection should be available depends on what the justifications for protection are. [read post]
16 Jan 2013, 4:02 am
Related articles Guest Post by Sarah Burstein: Apple v. [read post]
6 Feb 2015, 6:00 am
Brown DorothyABrown Emory Kara Bruce ProfessorKBruce Toledo Matthew Bruckner Prof_Bruckner Howard Sam Brunson smbrnsn Loyola Chicago Ryan Bubb ryan_bubb NYU Neil Buchanan NeilHBuchanan George Washington Trevor Buck trevbuck De Montfort U (UK) Alafair Burke alafairburke Hofstra Beth Burkstrand-Reid beth_burkstrand Nebraska Kylie Burns snailsinbottles Griffith (Australia) Sarah Burstein design_law Oklahoma Michael Burstein mburstein Cardozo Naomi Cahn… [read post]
27 Feb 2015, 1:06 pm
Moderator – Irene Calboli, Marquette Law School and National University of Singapore Carys Craig, Osgoode Hall Law School, York University - Deconstructing Copyright’s Choreographer: the Power of Performance (and the Performance of Power) Feminist approach to conceptualizing artistic creativity can shed light on choreography as engaged and embodied practice and demonstrate weaknesses of dominant conception of creativity (myth of romantic author). [read post]
11 Feb 2017, 7:09 am
A functionality issue, perhaps.]Sarah Burstein, The “Design” in Design PatentsRadical but unrecognized shift in the types of design we think are patentable. [read post]
4 Jan 2024, 12:06 pm
Sarah Burstein has some similar comments in her Mastodon thread). [read post]
17 Oct 2021, 8:19 am
Hill ProfJulieHill Alabama Shalini Ray shalbharg Alabama immigration professional responsibility civil procedure Adam Steinman Adam_Steinman Alabama Joyce Vance joycewhitevance Alabama Criminal Law/Procedure Criminal Justice Reform, Civil Rights Ava Ayers AvaLawAyers Albany Immigration Admin Government Ray Brescia rbrescia Albany Access to Justice and Technology Inequality Ted De Barbieri TedDeBarbieri Albany Community Economic Development… [read post]
6 Jan 2015, 6:46 pm
Davidoff StevenDavidoff Ohio State Jeremy de Beer jdebeer Ottawa Sarah Deer sarahdeer William Mitchell Michelle M. [read post]
15 Apr 2019, 6:22 am
In those circumstances, then, we may have to take consumers as we find them.The one very specific point that occurred to me as I reviewed the materials about lessons to be learned from other regimes comes from design patent: Sarah Burstein’s argument that we should take the design as a whole as the unit of analysis, because that’s what consumers see. [read post]
9 Aug 2012, 3:43 pm
Copyright, Authorship and Attribution Olufunmilayo Arewa, Creation Norms and Authorship: The Porgy and Bess Controversy Porgy & Bess: Three estates involved in the rights. [read post]
