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Articles 1 - 14 of 14

Full-Text Articles in Law

Outsourcing The Fire Of Genius: The Effects Of Patent Infringement Jurisprudence On Pharmaceutical Drug Development, Katherine A. Helm Oct 2006

Outsourcing The Fire Of Genius: The Effects Of Patent Infringement Jurisprudence On Pharmaceutical Drug Development, Katherine A. Helm

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Product-By-Process Patent Claim Construction: Resolving The Federal Circuit’S Conflicting Precedent, Gregory S. Maskel Oct 2006

Product-By-Process Patent Claim Construction: Resolving The Federal Circuit’S Conflicting Precedent, Gregory S. Maskel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan Jun 2006

Panel I: Monsanto V. Scruggs: The Scope Of Downstream Licensing Restrictions, Mark R. Patterson, Richard B. Ulmer Jr., Peter Castensen, Jay P. Kesan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Post-Sale Restrainst Via Patent Licensing: A "Seedcentric" Perspective, Peter Carstensen Jun 2006

Post-Sale Restrainst Via Patent Licensing: A "Seedcentric" Perspective, Peter Carstensen

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Licensing Restrictions And Appropriating Market Benefits From Plant Innovation, Jay P. Kesan Jun 2006

Licensing Restrictions And Appropriating Market Benefits From Plant Innovation, Jay P. Kesan

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks, Olufunmilayo B. Arewa Apr 2006

Trips And Traditional Knowledge: Local Communities, Local Knowledge, And Global Intellectual Property Frameworks, Olufunmilayo B. Arewa

Marquette Intellectual Property Law Review

Intellectual property treatment of traditional or local knowledge is a major issue of contention today, particularly since the implementation of the TRIPs Agreement, which establishes minimum levels of intellectual property protection for members of the World Trade Organization. Discourse surrounding local knowledge is highly charged with accusations of "piracy" from Western countries countered with allegations of "biopiracy" from Third World countries. Flowing beneath the surface of this dialogue are multiple levels of historical experience. Intellectual property frameworks were formed in the nineteenth century during a period when evolutionary views of the development of human societies were paramount. Local knowledge was …


“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll Jan 2006

“One For All: The Problem Of Uniformity Cost In Intellectual Property Law.” American University Law Review 55, No.4 (May 2006): 845-900., Michael W. Carroll

American University Law Review

Intellectual property law protects the owner of each patented invention or copyrighted work of authorship with a largely uniform set of exclusive rights. In the modern context, it is clear that innovators' needs for intellectual property protection vary substantially across industries and among types of innovation. Applying a socially costly, uniform solution to problems of differing magnitudes means that the law necessarily imposes uniformity cost by underprotecting those who invest in certain costly innovations and overprotecting those with low innovation costs or access to alternative appropriability mechanisms. This Article argues that reducing uniformity cost is the central problem for intellectual …


Corporate Patents: Optimizing Organizational Responses To Innovation Opportunities And Invention Discoveries, Richard Gruner Jan 2006

Corporate Patents: Optimizing Organizational Responses To Innovation Opportunities And Invention Discoveries, Richard Gruner

Marquette Intellectual Property Law Review

This article examines the interplay between patent incentives and corporate innovation. It argues that innovation concerning today's complex technologies often requires efforts on a corporate organizational scale and that changes in patent and corporate laws are needed to fully promote effective and efficient innovation in corporate environments. The prevalence of patent ownership and exploitation by corporations reflects a fundamental but poorly appreciated truth about modern technological innovation. Patent incentives influencing individuals don't bring most new inventions to the public. Rather, in many recently developed technology areas, corporate-initiated efforts are the primary sources of publicly valuable innovation and, hence, the main …


Accepting Exceptions?: A Comparative Approach To Experimental Use In U.S. And German Patent Law, Peter Ruess Jan 2006

Accepting Exceptions?: A Comparative Approach To Experimental Use In U.S. And German Patent Law, Peter Ruess

Marquette Intellectual Property Law Review

Experimental use is a keystone of research and innovation for some and obstacle in using a patent for others. In a genuine international field such as patent law, monitoring recent developments is best done in a comparative way. Particularly, the decision Merck v. Integra of the US Supreme Court and the new EU law, give reason to explore this field in more detail.


Soft-Science Examiners At The Uspto: A Non-Obvious Solution To Reduce Erroneous Patent Grants, Mandy Barbara Seuffert Jan 2006

Soft-Science Examiners At The Uspto: A Non-Obvious Solution To Reduce Erroneous Patent Grants, Mandy Barbara Seuffert

Marquette Intellectual Property Law Review

Soft science graduates can participate in patent application review, or secondary review, at the USPTO when there exists a question as to a patent's validity or obviousness. Four reasons militate in favor of including soft science patent application reviews: (1) the PTO can increase the number of examiners at a relatively low cost; (2) more time can be devoted to each questionable patent application review; (3) soft science examiners use complimentary skills and insights that might promote fewer erroneous patent approvals; and, (4) fewer parties will be forced to litigate over patent validity. This paper examines the rising problems associated …


Of The Inequals Of The Uruguay Round, Srividhya Ragavan, Srividhya Ragavan Jan 2006

Of The Inequals Of The Uruguay Round, Srividhya Ragavan, Srividhya Ragavan

Marquette Intellectual Property Law Review

Ten years ago, the TRIPs Agreement set a distinct tone in international law by requiring Members to prioritize international trade obligations as a means to achieve national goals. Within the next five years, the AIDS crisis highlighted that compromising pressing national responsibilities-like a looming public health crisis-to fulfill international obligations may, in fact, detrimentally affect international trade. Meanwhile, access to medication continues to be an unresolved issue even as we celebrate the tenth anniversary of TRIPs and the end of the transitional period. This Article suggests that the success of TRIPs depends on its ability to address national responsibilities that …


Not All Copyright Infringers Are Created Equal: Why Federal Income Tax Is A Proper Deductible Expense For Non-Willful Copyright Infringers, Christine Ballard Jan 2006

Not All Copyright Infringers Are Created Equal: Why Federal Income Tax Is A Proper Deductible Expense For Non-Willful Copyright Infringers, Christine Ballard

Vanderbilt Journal of Entertainment & Technology Law

Case law is sparse on the issue of tax deductibility for non-willful infringers and, as such, cases representing copyright, patent, and trademark infringement have been used interchangeably in an attempt to develop a rule. It is necessary to point out, however, that there are different standards for obtaining and protecting these three different types of intellectual property. As such, this Note will first analyze the remedies available for copyrights, patents, and trademarks to determine whether different standards should apply regarding the deductibility of taxes from gross infringing revenue when determining actual damage awards. Next, this Note analyzes arguments that have …


Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy Jan 2006

Easing The Claim Construction Blow With Early-Discovery Markman Hearings That Are Appealable To The Federal Circuit On An Interlocutory Basis, Srikanth K. Reddy

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Steam Shovels And Lipstick: Trademarks, Greed, And The Public Domain, Mary Lafrance Jan 2006

Steam Shovels And Lipstick: Trademarks, Greed, And The Public Domain, Mary Lafrance

Nevada Law Journal

No abstract provided.