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Full-Text Articles in Law
Biologics As The New Antitrust Frontier: Reflections, Riposte, And Recommendations, 2018 U. Ill. L. Rev. Online 209 (2018), Daryl Lim
UIC Law Open Access Faculty Scholarship
No abstract provided.
I Dissent: The Federal Circuit’S “Great Dissenter,” Her Influence On The Patent Dialogue, And Why It Matters, 19 Vand. J. Ent. & Tech. 873 (2017), Daryl Lim
UIC Law Open Access Faculty Scholarship
This Article is the first study to comprehensively explore the centrality of the patent dialogue at the Court of Appeals for the Federal Circuit, the nation’s principal patent court from empirical, doctrinal, and policy perspectives. It offers several insights into how the Federal Circuit reaches consensus and when it does not, serving as a window into its inner workings, a reference to academics, judges, and attorneys alike. More broadly, this Article provides a template to study the “legal dialogue” of other judges at the Federal Circuit, those in other Circuits, as well as those in other areas of the law. …
Retooling The Intellectual Property-Antitrust Intersection: Insights From Behavioral Economics, 69 Baylor L. Rev. 124 (2017), Daryl Lim
UIC Law Open Access Faculty Scholarship
This Article argues that courts should operationalize insights offered by behavioral economics in developing jurisprudence at the patent-antitrust interface.
Living With Monsanto, 2015 Mich. St. L. Rev. 559 (2015), Daryl Lim
Living With Monsanto, 2015 Mich. St. L. Rev. 559 (2015), Daryl Lim
UIC Law Open Access Faculty Scholarship
Bowman v. Monsanto Co. signaled the end of an era of seed saving. Farmers must buy new seed for replanting or risk patent infringement. The familiar rhetoric of oppressed farmers belies the fact that Monsanto’s success rests in part on farmers prizing its innovations. Current trends indicate that this reliance on Monsanto will continue. The Supreme Court correctly found for Monsanto. However, future cases must iron out the kinks in the Bowman decision. Despite the Court’s best intentions, inadvertence cannot shield farmers from patent infringement. The Court must also make it clear that patentees cannot use licensing restrictions to claw …
Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014), Benjamin Liu
Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014), Benjamin Liu
UIC Law Open Access Faculty Scholarship
This Article argues that the current exhaustion doctrine, when applied to the refurbishing industry, fails to balance its mandate of promoting technological progress with the broader program of sustainable development and is therefore unsuitable for countries on the modernization path. First, what constitutes an infringing “making” remains underdetermined. Second, the evidentiary hurdle for proving legal refurbishment is too onerous for the low margin and under-resourced refurbishing industry. Finally, the all-or-nothing approach to judging infringement fails to account for the nuanced cost-benefit nexus that exists between patentees, refurbishers, and society at large and discourages private ordering. To recalibrate the balance between …
Standard Essential Patents, Trolls, And The Smartphone Wars: Triangulating The End Game, 119 Penn St. L. Rev. 1 (2014), Daryl Lim
UIC Law Open Access Faculty Scholarship
Few legal issues in recent years have captured the public's attention more powerfully than litigation over standard essential patents (“SEPs”). This Article explains how SEP litigation overlaps with two other major centers of patent litigation--litigation involving smartphones and patent assertion entities (“PAEs”). It observes that attempting to pre-empt patent hold-ups by imposing blanket ex ante disclosure obligations and royalty caps on standard setting organizations (“SSOs”) is misdirected and counterproductive. Instead, the solution lies in clear and balanced rules to determine “fair, reasonable and non-discriminatory” (FRAND) royalties and injunctive relief. This solution will help parties make more realistic assessments of their …
Self-Replicating Technologies And The Challenge For The Patent And Antitrust Laws, 32 Cardozo Arts & Ent. L.J. 131 (2013), Daryl Lim
UIC Law Open Access Faculty Scholarship
Few patented inventions challenge the traditional boundaries of the patent and antitrust laws like those that are capable of multiplying as they are used. These self-replicating technologies are embedded in our food, fortify our vaccines, and form the computer code upon which the information age is based. These inventions create an inherent conflict between patentees and their customers. The conflict arises because every customer could become competitors as the product replicates, potentially making every first sale the patentee's last. They also challenge how we think about fundamental issues of ownership as well as innovation and market competition, and make it …
Beyond Microsoft: Intellectual Property, Peer Production And The Law's Concern With Market Dominance, 18 Fordham Intell. Prop. Media & Ent. L.J. 291 (2008), Daryl Lim
UIC Law Open Access Faculty Scholarship
No abstract provided.
Regulating Access To Databases Through Antitrust Law, 2006 Stan. Tech. L. Rev. 7 (2006), Daryl Lim
Regulating Access To Databases Through Antitrust Law, 2006 Stan. Tech. L. Rev. 7 (2006), Daryl Lim
UIC Law Open Access Faculty Scholarship
It is largely uncontroversial that the “creative” effort in a database will be protected by copyright. However, any effort to extend protection to purely factual databases creates difficulties in determining the proper method and scope of protection. This Paper argues that antitrust law can be used to supplement intellectual property law in maintaining the “access-incentive” balance with respect to databases. It starts from the premise that a trend toward “TRIPs-plus” rights in databases, whatever its form, is inevitable. The reason is a simple, but compelling one: business needs shape the law. Various means of database access regulation are explored and …
The Perilous Process Of Protecting Process Patents From Infringing Importations, 14 Loy. L.A. Int'l & Comp. L.J. 207 (1992), Mark E. Wojcik
The Perilous Process Of Protecting Process Patents From Infringing Importations, 14 Loy. L.A. Int'l & Comp. L.J. 207 (1992), Mark E. Wojcik
UIC Law Open Access Faculty Scholarship
No abstract provided.
“What, Never? Well, Hardly Ever”: Strict Antitrust Scrutiny As An Alternative To Per Se Antitrust Illegality, 38 Hastings L.J. 471 (1987), Donald L. Beschle
“What, Never? Well, Hardly Ever”: Strict Antitrust Scrutiny As An Alternative To Per Se Antitrust Illegality, 38 Hastings L.J. 471 (1987), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock
UIC Law Open Access Faculty Scholarship
No abstract provided.
Doing Well, Doing Good And Doing Both: A Framework For The Analysis Of Noncommercial Boycotts Under The Antitrust Laws, 30 St. Louis U. L.J. 385 (1986), Donald L. Beschle
Doing Well, Doing Good And Doing Both: A Framework For The Analysis Of Noncommercial Boycotts Under The Antitrust Laws, 30 St. Louis U. L.J. 385 (1986), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.