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Full-Text Articles in Law
Standing With A Bundle Of Sticks: The All Substantial Rights Doctrine In Action, Mark J. Abate, Christopher J. Morten
Standing With A Bundle Of Sticks: The All Substantial Rights Doctrine In Action, Mark J. Abate, Christopher J. Morten
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article provides an overview of the Federal Circuit’s all substantial rights doctrine. Surveying decades of case law, this Article seeks to clarify this confusing area of the law and set out the essential rules for those engaged in patent licensing, patent assignment, and patent litigation. This Article begins by explaining why effective ownership of a patent is critical to standing, and then describes the framework through which courts determine whether a party is, in fact, in possession of all substantial rights and is therefore the effective owner. While there are many factors that courts may consider, certain rights take …
The Political Economy Of The Research Exemption In American Patent Law, Nicholas Short
The Political Economy Of The Research Exemption In American Patent Law, Nicholas Short
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article approaches the research exemption, and related legal developments, as a case study in the political economy of patent law. Part I recounts the history of the research exemption, touching briefly on historical origins but emphasizing developments since the 1970s in legislative, executive, and judicial forums. It also examines changes during the same time frame in related areas of patent law, like the Bayh-Dole legislation and the attempted repeal of state immunity from patent infringement liability. These legal developments indirectly affected the research exemption, or implicated similar concerns about imbalance in the patent system and the use of patents …
Pay The Troll Toll: The Patent Troll Model Is Fundamentally At Odds With The Patent System's Goal Of Innovation And Competition, Grace Heinecke
Pay The Troll Toll: The Patent Troll Model Is Fundamentally At Odds With The Patent System's Goal Of Innovation And Competition, Grace Heinecke
Fordham Law Review
Patent litigation has multiplied sixfold since the 1980s, with the last few years seeing an unprecedented number of patent lawsuits. When an inventor receives a patent, the U.S. Constitution grants him a monopoly for a limited number of years to reward him for his investment of time and resources and to incentivize him to continue innovating, which ultimately benefits society. However, the emergence of a litigious character, deemed the “patent troll,” has led to the patent system’s hindrance of innovation, a result that is at odds with the primary goal of patent law. Patent trolls exploit weaknesses in the patent …
A Framework For Patent Exhaustion From Foreign Sales, Jay A. Erstling, Frederik W. Struve
A Framework For Patent Exhaustion From Foreign Sales, Jay A. Erstling, Frederik W. Struve
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Step-Plus-Function Claims: An Analysis Of Federal Circuit Law, Kyle O. Logan
Step-Plus-Function Claims: An Analysis Of Federal Circuit Law, Kyle O. Logan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Real Separation Of Powers Or Separation Of Law: Can An Article I Administrative Agency Nullify An Article Iii Federal Court Judgment?, Shashank Upadhye, Adam Sussman
A Real Separation Of Powers Or Separation Of Law: Can An Article I Administrative Agency Nullify An Article Iii Federal Court Judgment?, Shashank Upadhye, Adam Sussman
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article concerns whether and how Article I administrative agencies can overturn the final judgment of an Article III federal court. The Article identifies if there really is a constitutional crisis afoot because of a violation of the separation of powers doctrine. It also addresses the concern that the federal court is the final arbiter of a legal dispute and that neither Congress nor an agency can step in to undo that which the federal court has done. The Article focuses on the newly enacted America Invents Act and the current use of administrative agency proceeding to reexamine issued patents …
The Need To Reform In Pharmaceutical Protection: The Inapplicability Of The Patent System To The Pharmaceutical Industry And The Recommendation Of A Shift Towards Regulatory Exclusivities, Amanda Fachler
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Into A Silver Age: U.S. Patent Law 1992-2012, John R. Thomas
Into A Silver Age: U.S. Patent Law 1992-2012, John R. Thomas
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Road To Unification: Patent Litigation In The United Kingdom 1990-2012, Justin Watts, Tom Alkin
A Road To Unification: Patent Litigation In The United Kingdom 1990-2012, Justin Watts, Tom Alkin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rethinking Innovation And Productivity Within The Workplace Amidst Economic Uncertainty, Shlomit Yanisky Ravid
Rethinking Innovation And Productivity Within The Workplace Amidst Economic Uncertainty, Shlomit Yanisky Ravid
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Balance Of Power In Patent Law: Moving Towards Effectiveness In Addressing Patent Troll Concerns, Ahmed J. Davis, Karolina Jesien
The Balance Of Power In Patent Law: Moving Towards Effectiveness In Addressing Patent Troll Concerns, Ahmed J. Davis, Karolina Jesien
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristn Jakobsen Osenga
Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristn Jakobsen Osenga
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre
Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
More On Moore: A Novel Strategy For Compensating The Human Sources Of Patentable Cell-Line Inventions Based On Existing Law, Christopher Scott Pennisi
More On Moore: A Novel Strategy For Compensating The Human Sources Of Patentable Cell-Line Inventions Based On Existing Law, Christopher Scott Pennisi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White
A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Recent Patent Law Developments In Asia, John Richards
Recent Patent Law Developments In Asia, John Richards
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Japanese Patent Law And The Wipo Patent Law Harmonization Treaty: A Comparative Analysis, Mark S. Cohen
Japanese Patent Law And The Wipo Patent Law Harmonization Treaty: A Comparative Analysis, Mark S. Cohen
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.