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1 How To Find and Read the Law and Live to Tell (and Talk) About It Steve Baron January 25, 2006
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2 “Laws are like sausages, it is better not to see them being made.” Otto von Bismarck
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3 Today’s Agenda Introduction to How IP Law Is Made Introduction to Case Analysis
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4 How Does IP Law Develop? Federal and State Legislation e.g. Trademark Act, Copyright Act, Patent Act, Illinois Trade Secrets Act e.g. Trademark Act, Copyright Act, Patent Act, Illinois Trade Secrets Act Federal and State Case Law (“Common Law”) e.g. Judge made law emerging out of judicial opinions e.g. Judge made law emerging out of judicial opinions
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5 How Does IP Law Develop - Legislative Legislative Process (Federal) Industries lobby for law Industries lobby for law Bill sponsored Bill sponsored E.g. Sony Bono – CTEAE.g. Sony Bono – CTEA Debate ensues Debate ensues House and Senate Vote House and Senate Vote President signs bill into law President signs bill into law
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6 How Does IP Case Law Get Created - Judicial Individual parties bring a case to a trial court’s attention Litigation ensues A decision or verdict is issued An appeal takes place An appellate court issues an opinion The opinion becomes part of the common law
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7 The Court System (Federal) First Tier – Federal District Court (trial court) Second Tier – Circuit Courts of Appeal Third Tier – U.S. Supreme Court
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8 How to Find the Law on the Web Federal Legislation (the stuff from Congress) http://www4.law.cornell.edu/uscode/ http://www4.law.cornell.edu/uscode/ http://www4.law.cornell.edu/uscode/ Type in title and sectionType in title and section e.g. Copyright = Title 17e.g. Copyright = Title 17 e.g. Infringement = Section 501 et. seq.e.g. Infringement = Section 501 et. seq.
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11 How to Find the Law on the Web State Law http://wwwsecure.law.cornell.edu/states/listing.html
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13 How to Find the Law on the Web U.S. Supreme Court Opinions http://www.supremecourtus.gov/ http://www.supremecourtus.gov/ http://www.supremecourtus.gov/
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15 How to Find the Law on the Web Click “Opinions” Click “Latest Slip Opinions” Find Eldred v. Ashcroft
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16 How to Read A Case Plaintiff a party who complains or sues in a civil action a party who complains or sues in a civil action Defendant a party who is being sued by a plaintiff a party who is being sued by a plaintiff Appellant a party who appeals from a decision by a trial or “lower” court a party who appeals from a decision by a trial or “lower” court Appellee a party who responds to an appeal by appellant a party who responds to an appeal by appellant
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17 How to Read a Case Petitioner Party seeking appeal in the U.S. Supreme Court Party seeking appeal in the U.S. Supreme Court Respondent Party responding to a petition to the U.S. Supreme Court Party responding to a petition to the U.S. Supreme Court Writ of Certiorari An order of an appellate court granting or denying a petition to appeal An order of an appellate court granting or denying a petition to appeal
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18 How to Read a Case Stare Decisis – Decided law Holding The narrow holding or controlling principal of the case that will bind other parties The narrow holding or controlling principal of the case that will bind other parties Dicta The additional discussion within an opinion that helps the court illuminate its reasoning The additional discussion within an opinion that helps the court illuminate its reasoning Majority/Minority – The lineup when less than unanimous decision
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19 How to Read a Case Affirmed When an appellate court agrees with the lower court decision When an appellate court agrees with the lower court decision Reversed When an appellate court disagrees with and overturns the lower court decision When an appellate court disagrees with and overturns the lower court decision Remanded When an appellate court sends a case back to the lower court for further proceeding When an appellate court sends a case back to the lower court for further proceeding
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20 How to Read a Case What happens after the appellate decision? Case may end; or Case may end; or Case may continue in trial court Case may continue in trial court
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21 Assignment Please find and read the majority opinion by Justice Ginsburg the United States Supreme Court’s opinion in Eldred v. Ashcroft
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22 Assignment Who are the parties? How did the case get to the Supreme Court? What were the questions the court was asked to decide? How did the majority decide? What impact will this decision have on copyright law?
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23 “The purpose of law is to prevent the strong always having their way.” Ovid
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