Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Technology and Innovation
A Little Common Sense Is A Dangerous Thing: The Inherent Inconsistency Between Ksr And Current Official Notice Policy, Eli M. Sheets
A Little Common Sense Is A Dangerous Thing: The Inherent Inconsistency Between Ksr And Current Official Notice Policy, Eli M. Sheets
The University of New Hampshire Law Review
[Excerpt] “The question of whether an invention is an obvious variation of existing technology is one that has troubled courts for decades. From its roots in nineteenth century case law to the recent Supreme Court decision KSR v. Teleflex, Inc., the doctrine of obviousness has waxed and waned—moving through a variety of judicially-created tests to a current state that is still far from perspicuous.
This paper will examine obviousness through a particular lens: the U.S. Patent and Trademark Office (“USPTO,” “PTO”) tool known as “official notice”—the practice of declaring a patent application’s claims unpatentable as obvious based on undocumented reasoning, …
It's Time For A Good Hard Look In The Mirror: The Corporate Law Example, John A. Barrett, Jr.
It's Time For A Good Hard Look In The Mirror: The Corporate Law Example, John A. Barrett, Jr.
Fordham Journal of Corporate & Financial Law
This Article asserts that the move from the industrial age to the
information age represents a fundamental change to our society on
such a widespread basis that the legal order must reexamine the
premises about how our society functions, assessing whether
foundational elements of U.S. Common Law remain valid. This
Article first confronts briefly the continuing acceptance of certain
foundational premises in contract and intellectual property law,
illustrating that such premises are no longer supported by the
realities of modern society. With fundamental change challenging
multiple areas of law in the information age, this problem is worthy
of widespread inquiry …
Lessons From The Flash Crash For The Regulation Of High-Frequency Traders, Edgar Ortega Barrales
Lessons From The Flash Crash For The Regulation Of High-Frequency Traders, Edgar Ortega Barrales
Fordham Journal of Corporate & Financial Law
Are equity markets vulnerable to a sudden collapse if the traders who account for about half of the volume have no regulatory obligations to stabilize prices? After the “Flash Crash” of May 6, 2010, policymakers have resoundingly answered this question in the affirmative. During the worst of the crash, some of the so-called high-frequency trading firms that dominate equity markets stopped trading and prices collapsed, momentarily wiping out almost $1 trillion in market value. In response, the U.S. Securities and Exchange Commission is considering whether high-frequency trading firms should be required to act as the traders of last resort. This …