Law Commons^™

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Intellectual Property Law, David Mccombs, Phillip B. Philbin, Jamie Raju, Catherine Reynolds

SMU Annual Texas Survey

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Monitoring Behavior: Universities, Nonprofits, Patents, And Litigation, Teo Firpo, Michael S. Mireles

SMU Law Review

This paper examines the confluence of two important issues concerning patent law. The two issues are the merits of the debate concerning the supposed “patent troll” crisis and the increased patenting and licensing of university and other nonprofit inventions, including the litigation of those patents.

First, there is a debate in the literature concerning the presence and scope of the problem concerning so-called “patent trolls.” To some, supposed “patent troll” behavior is ordinary litigation behavior, and to others, it points to problems with the patent litigation system. Indeed, some may argue that the benefits of “patent trolls” may outweigh the …

Presuming Patent Inventorship Without Further Examination: A Double-Edged Sword For Aerospace Companies, Jake Winslett

Journal of Air Law and Commerce

No abstract provided.

Emerging Technologies Challenging Current Legal Paradigms, W. Keith Robinson, Joshua T. Smith

Faculty Journal Articles and Book Chapters

U.S. patent law has made assumptions about where new inventions will be created, who will create them, and how they will be infringed. Throughout history, emerging technologies have challenged these paradigms. This decade’s emerging technologies will allow humans to create in virtual worlds, connect billions of every day devices via the Internet, and use artificial intelligence to invent across technology fields. If countries like the U.S. wish to encourage inventors to seek patent protection in these emerging areas, then a paradigm shift in the law must occur. Specifically, the law must clarify patent eligibility, recognize the increasing role of artificial …

Final Report Of The Berkeley Center For Law & Technology Section 101 Workshop: Addressing Patent Eligibility Challenges, Jeffrey Lefstin, Peter Menell, David O. Taylor

Faculty Journal Articles and Book Chapters

Over the past five years, the Supreme Court has embarked upon a drastic and far-reaching experiment in patent eligibility standards. Since the founding era, the nation’s patent statutes have afforded patent protection to technological innovations and practical applications of scientific discoveries. However, the Supreme Court’s 2012 decision in Mayo Collaborative Services v. Prometheus Laboratories imposed a new limitation on the scope of the patent system: a useful application of a scientific discovery is ineligible for patent protection unless the inventor also claims an “inventive” application of the discovery. The following year, the Court ruled that discoveries of the location and …