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Full-Text Articles in Law
I Dissent: The Federal Circuit's "Great Dissenter," Her Influence On The Patent Dialogue, And Why It Matters, Daryl Lim
Faculty Scholarly Works
No abstract provided.
The Federal Question In Patent-License Cases, Amelia Rinehart
The Federal Question In Patent-License Cases, Amelia Rinehart
Utah Law Faculty Scholarship
The jurisdictional rules that determine whether a license case arises under the patent laws are cumbersome and expensive for courts and litigants alike. Gunn v. Minton, a recent patent-malpractice case raising very different concerns than the ones raised in license cases, will only add to the inconsistency, inefficiency, and uncertainty that surround this “dark corridor” of federal-question jurisdiction. The time has come for a new assessment of arising-under jurisdiction in patent cases that reduces these burdens, promotes uniformity, encourages patent challenges, and reflects Congress’s intent to carry federal patent questions into federal courts.
Myriad Lessons Learned, Amelia Rinehart
Myriad Lessons Learned, Amelia Rinehart
Utah Law Faculty Scholarship
Maybe the most important lesson that can be learned from cases like Myriad (ones in which the legal problems are complex) is a subtle one: the big picture is complicated. After all, if every case were easy to resolve on the merits, all lawyers and judges would be out of jobs quickly. Technology is complex, also. This results in a tendency (maybe even a compulsion) among patent attorneys and courts deciding patent cases to analogize to other areas of the law, to shoehorn fact into narrow doctrines, or otherwise to do things that reduce the case and the technology at …
How Not To Apply Actavis, Michael A. Carrier
An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu
An Antitrust Solution To The New Wave Of Predatory Patent Infringement Litigation, Michael Paul Chu
William & Mary Law Review
No abstract provided.