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Why Pharmaceutical Firms Support Patent Trolls: The Disparate Impact Of Ebay V. Mercexchange On Innovation, Jeremiah S. Helm
Why Pharmaceutical Firms Support Patent Trolls: The Disparate Impact Of Ebay V. Mercexchange On Innovation, Jeremiah S. Helm
Michigan Telecommunications & Technology Law Review
Before the unanimous decision in eBay v. MercExchange, patent holders were almost always granted an injunction against an infringer. In fact, the Federal Circuit, in deciding eBay, noted that, upon a finding of infringement, an injunction would issue unless there were extraordinary circumstances. The Court, in a brief opinion, disagreed with the Federal Circuit and explained that the injunction issue in a patent case must be analyzed under the traditional four-factor test.[...] Is the four-factor test fairer or better than the Federal Circuit's near-automatic injunction rule? It is certainly more difficult to administer a factor test as compared to a …
Pathological Patenting: The Pto As Cause Or Cure, Rochelle Dreyfuss
Pathological Patenting: The Pto As Cause Or Cure, Rochelle Dreyfuss
Michigan Law Review
The Patent Act was last revised in 1952. The hydrogen bomb was exploded that year, vividly demonstrating the power of the nucleus; in the ensuing postwar period, the Next Big Thing was clearly the molecule. Novel compounds were synthesized in the hopes of finding new medicines; solid-state devices exploited the special characteristics of germanium and other semiconductors; as investments in polymer chemistry soared, advice to the college graduate soon boiled down to "one word ... just one word[:] ... Plastics." Over the next half-century, things changed dramatically. "Better living through chemistry" has begun to sound dated (if not sinister). Genomics …
The Importance Of Innovation In The World Context, Kent T. Hughes
The Importance Of Innovation In The World Context, Kent T. Hughes
Canada-United States Law Journal
No abstract provided.
Government Assistance To And Policy Toward Innovation, Thomas Brzustowski
Government Assistance To And Policy Toward Innovation, Thomas Brzustowski
Canada-United States Law Journal
No abstract provided.
Discussion Following The Remarks Of David Crane And Kent T. Hughes, Discussion
Discussion Following The Remarks Of David Crane And Kent T. Hughes, Discussion
Canada-United States Law Journal
No abstract provided.
Accepting Exceptions?: A Comparative Approach To Experimental Use In U.S. And German Patent Law, Peter Ruess
Accepting Exceptions?: A Comparative Approach To Experimental Use In U.S. And German Patent Law, Peter Ruess
Marquette Intellectual Property Law Review
Experimental use is a keystone of research and innovation for some and obstacle in using a patent for others. In a genuine international field such as patent law, monitoring recent developments is best done in a comparative way. Particularly, the decision Merck v. Integra of the US Supreme Court and the new EU law, give reason to explore this field in more detail.
Government Assistance To And Policy Toward Innovation, Kelly H. Carnes
Government Assistance To And Policy Toward Innovation, Kelly H. Carnes
Canada-United States Law Journal
No abstract provided.
A National Perspective Toward Innovation, James P. Mcllroy
A National Perspective Toward Innovation, James P. Mcllroy
Canada-United States Law Journal
No abstract provided.
A National Perspective Toward Innovation, Richard D. Rosen
A National Perspective Toward Innovation, Richard D. Rosen
Canada-United States Law Journal
No abstract provided.
The Importance Of Innovation In The World Context, David Crane
The Importance Of Innovation In The World Context, David Crane
Canada-United States Law Journal
No abstract provided.
Government Assistance To And Policy Toward Innovation, James E.P. Sisto
Government Assistance To And Policy Toward Innovation, James E.P. Sisto
Canada-United States Law Journal
No abstract provided.
Discussion Following The Remarks Of Thomas Brzustowski And The Honorable Kelly H. Carnes, Dicussion
Discussion Following The Remarks Of Thomas Brzustowski And The Honorable Kelly H. Carnes, Dicussion
Canada-United States Law Journal
No abstract provided.
Discussion Following The Remarks Of Richard D. Rosen, Discussion
Discussion Following The Remarks Of Richard D. Rosen, Discussion
Canada-United States Law Journal
No abstract provided.