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| Sue Ann Mota Professor Department of Legal Studies Office: 275 BA Building College of Business Administration Phone: 419-372-8364 Email: smota@cba.bgsu.edu |
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Education:
- University of Toledo College of Law, J.D., Order of the Coif, Law Review Business Editor
- Bowling Green State University, M.A.
- Bowling Green State University, B.A.
Teaching Areas:
- MBA 607 - Ethics and Law in Business
- LEGS 301 - Legal Environment of Business
- LEGS 490 - Legal Research and Writing
Teaching Award:
Outstanding Graduate Faculty Award, 2005- 06, awarded by the MBA Student Association
Research Interests:
- Computer and Technology Law
- Intellectual Property
- International Dispute Resolution
Research Award:
Robert Patton Scholarly Achievement Award, 2004
Selected Publications:
Over fifty journal articles published, including, in the last decade:
- Hedge Funds: Their Advisers Don't Have to Register with the SEC, but More Information is Needed and Other Alternatives are Recommended, accepted for publication in the Louisiana Law Review, 2006.
- What is Patentable Subject Matter? The Supreme Court Dismisses Labcorp v. Metabolite Laboratories, But the Issue is Not Going Away, accepted for publication in the Marquette Intellectual Property Law Review, 2006.
- EBay v. MercExchange: Traditional Four-Factor Test for Injunctive Relief Applies to Patent Cases, According to the Supreme Court, accepted for publication in the Akron Law Review (2006).
- The Untwining of Patent Law and Antitrust: No Presumption of Market Power in Patent Tying Cases, According to the Supreme Court in Illinois Tool Works v. Independent Ink, accepted for publication in the Suffolk University Law Review (2006).
- DaimlerChrysler v. Cuno - Plaintiffs Lack Standing to Challenge State Franchise Tax Credit in Federal Court, According to the Supreme Court, accepted for publication in the North Carolina Central Law Journal (2006).
- Competing Judicial Philosophies and Differing Outcomes: The U.S. Supreme Court Allows and Disallows the Posting of the Ten Commandments on Public Property in Van Orden v. Perry and McCreary County v. ACLU, 42 Williamette Law Review 99 (2006).
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Merck v. Integra Lifesciences: The Supreme Court Protects the Use of Patented Compounds in Preclinical Studies, 29 Hamline Law Review 54 (2006).
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Title IX After Thirty-Three Years Now Encompasses Claims of Retaliation, According to the Supreme Court in Jackson v. Birmingham Board of Education, accepted for publication in the Villanova Sports & Entertainment Law Journal, 2006.
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Secondary Liability for Third Parties’ Copyright Infringement Upheld by the Supreme Court: MGM v. Grokster,” 32 Rutgers Computer & Technology Law Journal 62 (2005).
- From Public Use to Public Purpose - The Supreme Court Stretches the Takings Clause in Kelo v. City of New London, co-authored with Brent Nicholson, 41 Gonzaga Law Review 81 (2005).
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TRIPS: Ten Years of Disputes at the WTO,9 Computer Law Review and Technology Journa 455 (2005).
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Knorr-Bremse v. Dana Corporation – Willful Patent Infringement May No Longer Be Inferred Either From the Failure to Seek Legal Advice or Invoking the Attorney-Client Privilege, According to the Federal Circuit, 21 SANTA CLARA COMUPTER & HIGH TECHNOLOGY LAW JOURNAL 901 (2005).
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The Dormant Commerce Clause Rises Again: Cuno v. DaimlerChrysler, 5 Houston Business and Tax Law Journal 320 (2005), co-authored with Dr. Brent Nicholson.
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Hide It or Unbundle It: A Comparison of the Antitrust Investigations Against Microsoft in the US and the EU, 3 Pierce Law Review 183 (2005).
- KP Permanent Make-Up v. Lasting Impression - The Statutory Defense of Fair Use Is Available in Trademark Infringement Cases Without Negating the Likelihood of Consumer Confusion According to the Supreme Court, 39 VALPAIRASO UNIVERSITY LAW REVIEW 327 (2004).
- Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available to Aid a Foreign Tribunal, According to the U.S. Supreme Court, 38 The John Marshall Law Review 495 (2004).
- Protecting Minors From Sexually Explicit Materials on the Net: COPA Likely Violates the First Amendment, According to the Supreme Court, 7 Tulane Journal of Technology and Intellectual Property 95 (2004).
- Internet Domain Name Disputes -- Working Towards a Global Solution, VIII COMPUTER LAW REVIEW AND TECHNOLOGY JOURNAL 213 (2004), published by SMU School of Law.
- For Limited Times: The Supreme Court Finds the Copyright Term Extension Act Constitutional in Eldred v. Ashcroft, But When Does It End? 2005 INTELLECTUAL PROPERTY AND TECHNOLOGY FORUM 110501 (2005).
- Victor's Little Secret Prevails (for now) Over Victoria's Secret: The Supreme Court Requires Proof of Actual Dilution Under the FTDA, 19 SANTA CLARA COMPUTER & HIGH TECHNOLOGY LAW JOURNAL 541 (2003).
- Dastar v. Twentieth Century Fox -- One Can't Get Back by Trademark What One Gave Up Under Copyright, 1 OKLAHOMA JOURNAL OF LAW AND TECHNOLOGY 7 (2003).
- Scheidler v. NOW: The Supreme Court Holds That Abortion Protestors Are Not Racketeers, 16 REGENT UNIVERSITY LAW REVIEW 139 (2003).
- The Anticybersquatting Consumer Protection Act: An Analysis of the Decisions From the Courts of Appeals, 21 THE JOHN MARSHALL JOURNAL OF COMPUTER & INFORMATION LAW 355 (2003).
- The U.S. Supreme Court Addresses the Child Pornography Prevention Act and the Child Online Protection Act in Ashcroft v. Free Speech Coalition and Ashcroft v. American Civil Liberties Union, 55 FEDERAL COMMUNICATIONS LAW JOURNAL 85-98, published by Indiana University School of Law - Bloomington (2002).
- The Doctrine of Equivalents and Prosecution History Estoppel: The Supreme Court Supports Flexibility Over Certainty in Patent Cases in Festo v. SMC, 9 RICHMOND JOURNAL OF LAW AND TECHNOLOGY 2 (2002).
- Internet Business Method Patents: The Federal Circuit Vacates the Preliminary Injunction in Amazon.com v. Barnesandnoble.com ,19 JOHN MARSHALL JOURNAL OF COMPUTER AND INFORMATION LAW 523 (2001).
- Eldred v. Reno: Is the Copyright Term Extension Act Unconstitutional? 12 ALBANY LAW JOURNAL OF SCIENCE AND TECHNOLOGY 167-176 (2001).
- Napster: Facilitation of Sharing, or Contributory and Vicarious Copyright Infringement? 2 MINNESOTA INTELLECTUAL PROPERTY REVIEW 61-71 (2001).
- TRIPS - Five Years of Disputes at the WTO, 19:3 ARIZONA JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 533-553 (2000).
- The World Trade Organization: An Analysis of Disputes, 25 NORTH CAROLINA JOURNAL OF INTERNATIONAL LAW AND COMMERCIAL REGULATION 75-105 (1999).
- Dickson v. Zurko: Limits on the Federal Circuit's Standard of Review, 1999:2 COMPUTER LAW REVIEW AND TECHNOLOGY JOURNAL 23-25 (1999), published by the SMU Law School.
- U.S. v. Microsoft - The Antitrust Saga Continues, BULLETIN OF LAW AND TECHNOLOGY, published by the UCLA Law School, Fall, 1999. http://www.lawtechjournal.com/archives/blt/i6-sam.html
- Neither Dead Nor Forgotten: The Past, Present, and Future of the Communications Decency Act in Light of Reno v. ACLU, 1999 COMPUTER LAW REVIEW AND TECHNOLOGY JOURNAL 1 (Winter 1998) http://www.smu.edu/csr/mota.pdf
- Markman v. Westview Instruments, Inc.: Patent Construction Is Within the Exclusive Province of the Court Under the Seventh Amendment, 3 RICHMOND JOURNAL OF LAW AND TECHNOLOGY 3 (1997)
- Computer Associates v. Altai - French Computer Software Copyright Action Not Barred by U.S. Decision, 3.1 JOURNAL OF TECHNOLOGY LAW AND POLICY 2 (1997). http://grove.law.ufl.edu/~techlaw/vol3/issue1/mota.html
- Title IX and Intercollegiate Athletics - The First Circuit Holds Brown University Not in Compliance, 14 UNIVERSITY OF MIAMI ENTERTAINMENT AND SPORTS LAW REVIEW 152 - 186 (1997).
Service Awards:
Distinguished Service Award, 2006. awarded by the Department of Athletics
CBA Service Award, 2001
Professional Affiliations:
- Member, Ohio Bar