Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ADR (1)
- AIA (1)
- America Invents Act (1)
- COVID-19 (1)
- Contract (1)
-
- Coronavirus (1)
- Force majuere (1)
- Infringement (1)
- Intellectual property (1)
- Interpretation (1)
- Licensing (1)
- MDL (1)
- Micro-entity status (1)
- Pandemic (1)
- Patent filing priority (1)
- Patent law (1)
- Prior art (1)
- Prior commercial use defense (1)
- Reformation (1)
- Risk (1)
- University patent enforcement (1)
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl
Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl
All Faculty Scholarship
University technology transfer offices (TTOs) are the gatekeepers to groundbreaking innovations sparked in research laboratories around the U.S. With a business model reliant on patenting and licensing out for commercialization, TTOs were positioned for upheaval when the America Invents Act (AIA) transformed U.S. patent law in 2011. Now almost ten years later, this article examines the AIA’s actual effects on this patent-centric industry. It focuses on the five key areas of most interest to TTOs: i) first to file priority; ii) broadening of the universe of prior art; iii) carve-out to the prior commercial use defense; iv) micro-entity fees; and …
The Social Cost Of Contract, David A. Hoffman, Cathy Hwang
The Social Cost Of Contract, David A. Hoffman, Cathy Hwang
All Faculty Scholarship
When private parties perform contracts, the public bears some of the costs. But what happens when society confronts unexpected contractual risks? During the COVID-19 pandemic, completing particular contracts—such as following through with weddings, conferences, and other large gatherings—will greatly increase the risk of rapidly spreading disease. A close reading of past cases illustrates that when social hazards sharply increase after formation, courts have sometimes rejected, reformed, and reinterpreted contracts so that parties who breach to reduce external harms are not left holding the bag.
This Essay builds on that observation in making two contributions. Theoretically, it characterizes contracts as bargains …