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Full-Text Articles in Law
Direct Digital Engagement Of Patients And Democratizing Health Care, Dov Greenbaum
Direct Digital Engagement Of Patients And Democratizing Health Care, Dov Greenbaum
Santa Clara High Technology Law Journal
Direct Digital Engagement of Patients and Democratizing Health Care
Design Patent Evolution: From Obscurity To Center Stage, Andrew Beckerman-Rodau
Design Patent Evolution: From Obscurity To Center Stage, Andrew Beckerman-Rodau
Santa Clara High Technology Law Journal
Design Patient Evolution: From Obscurity to Center Stage
Only A Pawn In The Game: Rethinking Induced Patent Infringement, W. Keith Robinson
Only A Pawn In The Game: Rethinking Induced Patent Infringement, W. Keith Robinson
Santa Clara High Technology Law Journal
Only a Pawn in the Game: Rethinking Induced Patent Infringement
Two Models Of Unpatentable Subject Matter, Alan L. Durham
Two Models Of Unpatentable Subject Matter, Alan L. Durham
Santa Clara High Technology Law Journal
Patentable subject matter has become one of the most controversial areas of patent law. Efforts to articulate a lucid and productive theory of patentable subject matter must acknowledge that there are two competing models of unpatentable subject matter. One posits that natural laws, natural phenomena, and abstract ideas are themselves ineligible for patenting, and that each example of a natural law, natural phenomenon, or abstract idea further defines a class of inventions that cannot be patented because they lack an additional element of ingenuity—or “inventive concept”—that sufficiently distinguishes those inventions from their natural counterparts. This “penumbral” model of unpatentable subject …
All That Is Solid Melts Into Air: The Subject-Matter Eligibility Inquiry In The Age Of Cloud Computing, Scott T. Luan
All That Is Solid Melts Into Air: The Subject-Matter Eligibility Inquiry In The Age Of Cloud Computing, Scott T. Luan
Santa Clara High Technology Law Journal
This article critiques and refines the subject-matter eligibility inquiry in patent law by examining the process of creativity in the context of software-implemented inventions. As a substantive critique of § 101 jurisprudence, this article, informed by copyright law, proposes a working hypothesis for a general structure of the subject-matter eligibility inquiry in which a critical determination is the appropriate level of abstraction for claim construction. As a discursive critique of the limits and limitations of judicial language, this article argues that courts have incorrectly presumed that contemporary legal thought is equipped, conceptually and linguistically, to understand the full significance of …
Reconsidering The Standard For Enhanced Damages In Patent Cases In View Of Recent Guidance From The Supreme Court, Howard Wisnia, Thomas Jackman
Reconsidering The Standard For Enhanced Damages In Patent Cases In View Of Recent Guidance From The Supreme Court, Howard Wisnia, Thomas Jackman
Santa Clara High Technology Law Journal
This article examines whether the jurisprudence of the enhanced damages provision found in 35 U.S.C. § 284 should be modified in light of recent Supreme Court decisions that have altered the jurisprudence of the attorney’s fees provision found in 35 U.S.C. § 285. The authors conclude that a revision is needed to the standard for determining whether to award enhanced damages under § 284 and that juries as opposed to judges should determine whether to grant such an award as well as the amount of the award.
Limited Consumer Privacy Protections Against The Layers Of Big Data, Andrew W. Bagley, Justin S. Brown
Limited Consumer Privacy Protections Against The Layers Of Big Data, Andrew W. Bagley, Justin S. Brown
Santa Clara High Technology Law Journal
Consumers give away their data voluntarily and involuntary through their everyday online interactions. Many of these interactions are governed by “click-wrap” agreements in which consumers agree to data use terms with their Internet service provider (ISP), content provider, or an entire computing ecosystem through various layers of the Internet. This phenomenon effectively means that consumers lose control of their data to an endless web of third party big-data brokers unaccountable to the user. All the while, the increasingly dynamic and valuable nature of datasets makes it difficult to predict how data collected today will be used in the future. To …