The Latest from UIC RIPL: Vol. 20, Issue 3 is Published!

Dear Readers,

The UIC Review of Intellectual Property Law (“RIPL”) is excited to announce the publication of Volume 20, Issue 3! This issue features three scholarly articles from Professor Richard Gruner, Professor Diana J. Simon, and Rachael Belensz, as well as two student case notes from RIPL Lead Articles Editor-elect Marisa C. Schutz and Articles Editor-elect Stephen Bartholomew.

In the first scholarly article, Filtering Innovation Wheat from Chaff: Quick Citations as Indicators of Patented Invention Value, Professor Richard Gruner presents and describes empirical evidence of the relationship between lapsed patents and innovator interest. Professor Gruner uses quick citations to describe the statistically significant relationship between high quick citation levels and the payment of maintenance fees sufficient to ensure full patent terms. Professor Gruner describes the positive relationships between quick citations, assertions of patents in litigation, and numbers of patent claims to confirm the potential of quick citations as accurate measures of probable patent value.

In the second scholarly article, The Scope of Employment Test Under the Work-Made-for-Hire Doctrine Revisited: How Covid-19, Remote Working, and the Restatement (Third) of Agency Could Change It, Professor Diana J. Simon explores the intersection between the work-made-for-hire doctrine in Copyright Law, agency theory, the updated Restatement (Third) of Agency, and the changing workforce in a post-Covid-19 world. Professor Simon raises the complex issue about whether the test for scope of employment should change given the recent update to the Restatement (Third) of Agency and to meet the shift to remote work.

In the third scholarly article, Un-Blurred Lines: A Proposal for A More Objective Method in Determining the Extent of Similarities Between Musical Works for the Purpose of Probative Copying, Rachael Belensz discusses growing inconsistencies in expert witness testimony in music copyright infringement cases. In light of these inconsistencies, specifically highlighting the recent Williams v. Gaye decision, Ms. Belensz proposes an objective, music theory-based method for evaluating substantial similarity between musical works.

In the first student case note, Is Gray v. Perry The One That Got Away? The Idea-Expression Dichotomy and Music Copyright Infringement, Marisa C. Schutz provides an in-depth look at the recent decision out of the Central District of California, Gray v. Perry. Ms. Schutz explores the idea-expression dichotomy in the context of music copyright infringement. Ms. Schutz further examines how the court in Gray v. Perry decided which musical elements were protected under music copyright law and discusses decisions from other circuits that dealt with the same question.

In the second student case note, Carpenter v. United States: Step Forward for Smartphones and Their Data, But Maybe Not for Other Technologies, Stephen Bartholomew explores the Supreme Court’s 2019 decision, Carpenter v. United States. Mr. Bartholomew discusses how this decision represents a significant shift in how courts should evaluate the privacy implications of new disruptive technologies. Mr. Bartholomew rounds out his case note by hypothesizing how Carpenter can be applied by lower courts to Fourth Amendment cases involving novel forms of potentially invasive technology.

This issue is also the final issue to be published under the 2020-2021 RIPL Editorial Board. We set a goal at the beginning of our term to publish four issues of high-quality, cutting-edge articles. I am proud to say that with this issue we met that goal. I would first like to thank all of the authors that chose to publish their work with us over the past year. It was an honor to work with each and every one of you. I also want to thank all of the RIPL subscribers and readers for your dedicated and enthusiastic readership and patronage.

I also want to thank the UIC John Marshall Law School, Dean David Sorkin, Professor Donald Beschle, and our faculty advisors Professor William Ford and Professor Samuel Olken for their guidance and support over the past year. Lastly, I want to thank the rest of the 2020-2021 RIPL Editorial Board for dedicating an immense amount of time and effort over the past year to RIPL.

I am excited to hand the keys to Editor-in-Chief Elect, Paige Miller, and the rest of the 2021-2022 RIPL Editorial Board. RIPL will be in excellent hands for the upcoming volume.

Thank you very much for reading and I hope you enjoy the issue.

Best Regards,

Andrew D. Butzen

Editor-in-Chief