2002DLTR0010 Footnotes
1. See, e.g., American Mut. Liab. Ins. Co. v. Kosan, 582 F. Supp. 269 (W.D. Pa. 1984); George W. Kistler, Inc. v. O’Brien, 464 Pa. 475 (Pa. 1975).
2. See, e.g., 5 Cal. Bus. & Prof. Code §16600 (West 1994); 6 Del. Code Ann. tit. 5, §2707 (1993).
3. Harvard Graduate School of Education, Faculty Appointment Policy Archive (CD-ROM, 1999).
4. The chi-square test measures the degree to which a theoretical frequency distribution corresponds to a frequency distribution of observed data. In this study, the authors theorized that, because historically private (especially private research or so-called "R-1") universities have relied more heavily upon research grants and other privately-funded R&D than their public sector counterparts, these private institutions would be better protected by adequate patent and other intellectual property policies.
5. Robert Buderi, From the Ivory Tower to the Bottom Line, 103 Tech. Rev. 4, at 82-86.
6. Zinea Moukheiber, Science for Sale, Forbes, May 17, 1999, at 137.
7. Kristi Coale, $25 Million: Way to Go!, N.Y. Times Higher Ed. Supp., Jan. 7, 2000, at 29-30.
8. Robert Sanders, CNR, Novartis Seal $25 Million Biotech Research Agreement, U. Cal. Berkeley Press Release, Dec. 2, 1998.
9. Goldie Blumenstyk, Colleges Reaped $576 Million in Licensing Royalties in 1998, Survey Finds, CHRON. HIGHER ED., Dec. 10, 1999, at A-44.
10. M.M. Scott, Intellectual Property Rights: A Ticking Time Bomb in Academia, 84 Academe 3, at 22-26.
11. Government Patent Policy Act of 1980, 35 U.S.C. §200-212 (2001).
12. K.W. Heathington et al., Commercializing Intellectual Properties at Major Research Universities: Income Distribution, 17 J. Res. Admin. 4, at 27-39.
13. Scott, supra note 10.
14. Id.
15. Georgia Holmes et al., Who Owns Course Materials Prepared by a Teacher or Professor? The Application of Copyright Law to Teaching Materials in the Internet Age, 2000 BYU Educ. & L.J. 165 (1999).
16. 17 U.S.C. §201 (2001).
17. Fred H. Cate et al., Copyright Issues in Colleges and Universities, 84 Academe 3, at 39-45.
18. Id.
19. Id.
20. 17 U.S.C. §107 (2001).
21. Cate et al., supra note 17.
22. U.S. Const. art. I, §8 cl. 8.
23. Holmes et al., supra note 15.
24. 811 F.2d 1091 (7th Cir. 1987).
25. Holmes et al., supra note 15.
26. 811 F.2d at 1096.
27. Id. at 1093-94.
28. Id.
29. Id. at 1094.
30. Id.
31. Id.
32. Id.
33. Id. at 1095.
34. No. 99 C 4495, 2000 WL 222638 (N.D. Ill. Feb. 22, 2000), aff'd in part and rev’d in part, 254 F.3d 1347 (Fed. Cir. 2001).
35. 254 F.3d at 1353.
36. Id.
37. Id.
38. 2000 WL 222638, at *1.
39. Id. at *6.
40. Id. at *3.
41. Id. at *6.
42. Robert Gorman, Intellectual Property: The Rights of Faculty as Creators and Users, 84 Academe 3, at 14-18.
43. Id.
44. Chou v. Univ. of Chicago, 254 F.3d 1347 (Fed. Cir. 2001).
45. Id. at 1357.
46. Id. at 1365.
47. Id. at 1366.
48. Chou, 254 F.3d at 1359 (Fed. Cir. 2001).
49. Id. at 1364.
50. Robert P. Merges, The Law and Economics of Employee Inventions, 13 Harv. J.L. & Tech. 1, at 4.
51. James Ottavio Castagnera is the associate provost and associate vice president for academic affairs at Rider University. He holds the J.D. and Ph.D. from Case Western Reserve University. He has published a dozen books and more than 40 articles and chapters on law, higher education, and labor relations. He previously practiced labor and intellectual property law with a major Philadelphia (PA) law firm and taught law at the University of Texas-Austin, the Wharton School of the University of Pennsylvania, and the Widener University School of Law.
52. Cory R. Fine is an assistant professor in the Department of Management, Marketing and Logistics of the College of Business Administration at the University of Northern Florida. He holds the M.A. from the Anderson School of Management of the University of New Mexico and the Ph.D. in Industrial Relations and Human Resources from the University of Leeds in England. He is a former senior representative with the American Federation of State, County and Municipal Employees (AFSCME) and has served on the faculty of Rider University.
53. Anthony Belfiore is a Graduate Assistant at Rider University, where he is working toward his master’s degree in the Department of Graduate Education of the School of Education.
