Nontechnical Disclosure, Jonas Anderson
Nov 2016
Nontechnical Disclosure, Jonas Anderson
J. Jonas Anderson
One of the primary goals of the patent system is the broad dissemination of technical knowledge. But, as this Article argues, there is also an underappreciated amount of nontechnical knowledge contained in a patent, information that may in certain cases be more valuable to readers than the technical disclosure contained in a patent. This Article looks at various types of nontechnical disclosure to argue that appreciating the nontechnical aspects of patent disclosure can increase our understanding of what information patents are disseminating to the general public.
Forward, Jonas Anderson
Nov 2016
Forward, Jonas Anderson
J. Jonas Anderson
No abstract provided.
Judicial Lobbying, Jonas Anderson
Dec 2015
Judicial Lobbying, Jonas Anderson
J. Jonas Anderson
Abstract: Judges who lobby Congress for legal reform tread into an ethical gray area: lobbying is legally permissible, but generally frowned upon. Currently, there are no legal or ethical constraints on judges speaking publicly regarding proposed legislative changes, only an ill-defined norm against the practice. Scholars have largely dismissed judicial lobbying efforts as the result of haphazard, one-off events, driven by the unique interests, expertise, or ideology of the individual judge involved. According to scholars, there is nothing that should be done-not to mention little that could be done-to restrict judges from lobbying.
Judicial lobbying occurs, in large part, when …
Judge Shopping In The Eastern District Of Texas, Jonas Anderson
Dec 2015
Judge Shopping In The Eastern District Of Texas, Jonas Anderson
J. Jonas Anderson
Judge Rodney Gilstrap has a lot of patent cases on his docket. In fact, in 2015 there were 1,686 patent cases that were filed and assigned to Judge Gilstrap, an astronomical number for a single judge. Judge Gilstrap — one of eight federal judges who sit on the Eastern District of Texas — is so popular with patent plaintiffs that over one-fourth of all patent cases in the country are heard by him. This Article addresses the problems with allowing this judge shopping to occur. It reviews the scholarship on the topic that is almost universally opposed to judge shopping …
Applying Patent-Eligible Subject Matter Restriction, Jonas Anderson
Dec 2014
Applying Patent-Eligible Subject Matter Restriction, Jonas Anderson
J. Jonas Anderson
The US Supreme Court's difficulty in promulgating a standard for patent-eligibility has not gone unnoticed in the academy. Hundreds of academic conferences, including this one, have been devoted to the topic. The goal of this Article is not to solve the seemingly intractable problem of patent-eligibility doctrine. The goal of this Article is rather more modest. Instead of normatively assessing patent-eligible subject matter doctrine, this Article seeks to identify which foundational theories of patent-eligible subject matter can most readily be applied by courts and the US Patent and Trademark Office via Section 101. In doing so, this Article categorizes the …
Specialized Standards Of Review, Jonas Anderson
Dec 2014
Specialized Standards Of Review, Jonas Anderson
J. Jonas Anderson
ABSTRACT The applicable standard of review on appeal is governed by a simple rule: appellate courts review questions of law de novo, questions of fact for "clear error, " and questions of discretion for "abuse of discretion.
Despite the apparent simplicity of the rule, its application has been uneven, to state it mildly. Scholars have written extensively about the application of the rule, but have yet to consider whether the traditional rule of "deference " should be altered when the appellate court is a specialized court. Despite the dearth of legal scholarship on specialized deference, the Supreme Court is keenly …
Empirical Studies Of Claim Construction, Jonas Anderson
Dec 2014
Empirical Studies Of Claim Construction, Jonas Anderson
J. Jonas Anderson
Patent claims define the scope of the patent right and hence are central to the operation of the patent system. Patent prosecutors devote substantial effort to crafting patent claims so as to maximize the scope of their right without “reading on” prior art (and thereby defeating novelty). Businesses seeking to enter a technology marketplace must be careful to avoid encroaching patent claims. Thus, when patentees enforce their rights, the interpretation of claim boundaries guides both validity and infringement analysis. Following the Supreme Court’s decision in Markman v. Westview Instruments (517 U.S. 370 (1996)), holding that “the construction of a patent, …
Restoring The Fact/Law Distinction In Patent Claim Construction, Jonas Anderson
Dec 2014
Restoring The Fact/Law Distinction In Patent Claim Construction, Jonas Anderson
J. Jonas Anderson
INTRODUCTION: Two decades ago, the Supreme Court sought to promote more effective, transparent patent litigation in Markman v. Westview Instruments1 by ruling that "the construction of a patent, including terms of art within its claim, is exclusively within the province of the court."'2 In so doing, the Court removed interpretation of patent claims from the black box of jury deliberations by holding that the Seventh Amendment right to a jury trial did not extend to patent claim construction. Failing to find clear historical evidence of how claim construction was handled in 179 1,' the Court turned to "the relative interpretive …
Book Review: Gene Patents And Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models And Liability Regimes (Ed. Geertrui Van Overwalle), Jonas Anderson
Feb 2011
Book Review: Gene Patents And Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models And Liability Regimes (Ed. Geertrui Van Overwalle), Jonas Anderson
J. Jonas Anderson
A review of Gene Patents and Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models and Liability Regimes.
Hiding Behind Reciprocity: The Temporary Presence Exception And Patent Infringement Avoidance, Jonas Anderson
Oct 2008
Hiding Behind Reciprocity: The Temporary Presence Exception And Patent Infringement Avoidance, Jonas Anderson
J. Jonas Anderson
The temporary presence exception provides vessels engaged in international transport with a defense to patent infringement when traveling outside of the vessel’s home nation. The exception was adopted internationally and added to the Paris Convention in an effort to (1) minimize the costs associated with transporting between various countries with distinct national patent systems and (2) eliminate international tensions arising from charges of patent infringement when in foreign lands. Although the modern enactments of the temporary presence exception further these goals, this article argues that the exception is overbroad. Specifically, this article argues that the exception’s reciprocity requirement, in concert …
