SIPLA Presents: Tyler Ochoa
IP in the Supreme Court — October 2012 Term
Time: Tuesday November 6, 2012
Room: 127
— come early for lunch —
The U.S. Supreme has granted certiorari in four cases involving intellectual property. Wondering what they are all about? Join SIPLA next Tuesday as Professor Ochoa previews these cases:
1. Kirtsaeng v. John Wiley & Sons, Inc. (copyright),
2. Bowman v. Monsanto Co. (patent),
3. Gunn v. Minton (patent and legal malpractice), and
4. Already, LLC v. Nike, Inc. (trademark).
Both Kirtsaeng and Bowman involve the first-sale doctrine, aka the doctrine of exhaustion. The issues involved include:
– What rights do you have when you purchase a product that embodies intellectual property?
– Can you re-sell a copyrighted book without further authorization?
– Can you import books that you purchased overseas into the U.S. for purposes of resale? (Kirtsaeng)
– Can you use a patented item, such as genetically modified seeds, without further authorization?
– If the technology is self-replicating, can you use the second-generation seeds without further authorization? (Bowman)