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Full-Text Articles in Law
Jurisdictional Issues In The Adjudication Of Patent Law Malpractice Cases In Light Of Recent Federal Circuit Decisions, Michael Ena
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Intellectual Property Rights And Global Warming, Estaelle Derclaye
Intellectual Property Rights And Global Warming, Estaelle Derclaye
Marquette Intellectual Property Law Review
Global warming is an issue that is everywhere in today's society. This article examines whether intellectual property rights could be the solution to the global warming problem. The article limits its discussion to patent and copyright law and explores solutions to global warming that are applicable in Europe. The author suggests that these recommendations could influence other countries to make their intellectual property rights greener, as intellectual property rights are based on international instruments and universal agreements that could apply in any country. The article examines how current copyright and patent laws already tackle global warming and explains how these …
Kewanee Revisited: Returning To First Principles Of Intellectual Property Law To Determine The Issue Of Federal Preemption, Sharon K. Sandeen
Kewanee Revisited: Returning To First Principles Of Intellectual Property Law To Determine The Issue Of Federal Preemption, Sharon K. Sandeen
Marquette Intellectual Property Law Review
In the early 1970s it was thought that states could regulate in the areas of trade secrets without interfering with federal patent policies. However, this concept was called into question in the Sixth Circuit's ruling in Kewanee Oil Co. v. Bicron. In 1974 the Supreme Court ruled that Ohio's trade secret law was not preempted by federal patent law. This article revisits the issues raised in Kewanee in light of the Supreme Court's current preemption jurisprudence, changes in patent law, copyright law, and trade secret law since that time. First, the article reviews the history and context of the Kewanee …
Phillips V. Awh, Corp., A Doctrine Of Equivalents Case?, Natalie Sturicz
Phillips V. Awh, Corp., A Doctrine Of Equivalents Case?, Natalie Sturicz
Marquette Intellectual Property Law Review
For a number of years, U.S. courts have noted that the doctrine of equivalents has been unworkable. This article explains that as American courts move toward a more holistic approach to claim interpretation, the doctrine of equivalents will become increasingly unnecessary as a means of expanding patent scope. The author asserts that adopting a "person having ordinary skill in the art" approach to claim interpretation and eliminating the doctrine of equivalents in patent infringement cases would benefit patent law in several ways: (1) when courts interpret patent claims from the perspective of a person reasonably skilled in the art, patentees …
The Experimental Use Exception And Undergraduate Engineering Projects, Henry L. Welch
The Experimental Use Exception And Undergraduate Engineering Projects, Henry L. Welch
Marquette Intellectual Property Law Review
The experimental use exception was originally conceived as a defense applicable when the infringing activities were philosophical. Over time the exception has evolved into a test of the profit motives of the infringer. Despite their status as non-profits, universities now find themselves under the same narrow interpretation of the experimental use exception as previously applied only to profit-seeking businesses. This article explains that the experimental use exception is still a viable defense to patent infringement for a student-sponsored capstone senior design project. In a student-sponsored capstone senior design project, the impetus and general direction of the project are provided almost …
Panel I: The Business Method Patent And The Patent Reform Act Of 2007: Can The Law Keep Pace With Technology?, John Richards, Jeanne Fromer, Walter Hanchuk, Scott D. Locke
Panel I: The Business Method Patent And The Patent Reform Act Of 2007: Can The Law Keep Pace With Technology?, John Richards, Jeanne Fromer, Walter Hanchuk, Scott D. Locke
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Business Method Patents: The Challenge Of Coping With An Ever Changing Standard Of Patentability, Scott D. Locke, William D. Schmidt
Business Method Patents: The Challenge Of Coping With An Ever Changing Standard Of Patentability, Scott D. Locke, William D. Schmidt
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Does The Supreme Court Still Matter?, Timothy B. Dyk
Does The Supreme Court Still Matter?, Timothy B. Dyk
American University Law Review
No abstract provided.
Speaking Words Of Wisdom: Let It Be: The Reexamination Of The Human Embryonic Stem Cell Patents, Julia Vom Wege Dovi
Speaking Words Of Wisdom: Let It Be: The Reexamination Of The Human Embryonic Stem Cell Patents, Julia Vom Wege Dovi
Marquette Intellectual Property Law Review
Embryonic stem cell research represents an area of scientific inquiry that bears great promise, and patent law ensures that stem cell technology is both protected and utilized to its fullest potential. This article analyzes why the USPTO should not invalidate or narrow three challenged stem cell patents owned by the Wisconsin Alumni Research Foundation (WARF) through the Public Patent Foundation. The author outlines the science behind stem cells, explains the applicable law, and articulates the policy considerations relevant to patent law and stem cells. Ultimately, the author argues that that the challenged patents should remain valid because they have not …
Meddimmune, Microsoft, And Ksr: The United States Supreme Court In 2007 Tips The Balance In Favor Of Innovation In Patent Cases, And Thrice Reverses The Federal Circuit, Sue Ann Mota
Marquette Intellectual Property Law Review
In 2007 the Supreme Court reversed three patent cases from the Court of Appeals for the Federal Circuit. The three cases were MedImmune, Inc. v. Genentech, Inc. (holding a patent licensee does not have to breach a license agreement before seeking declaratory judgment that the underlying patent is invalid, unenforceable, or not infringed), Microsoft Corp. v. AT&T Corp. (holding Microsoft did not supply a component of an invention from the United States that had the possibility of infringing under the Patent Act), and KSR International Co. v. Teleflex Inc. (holding the requirement of non-obviousness under the Patent Act is analyzed …
In Re Seagate: Did It Really Fix The Waiver Issue? A Short Review And Analysis Of Waiver Resulting From The Use Of A Counsel's Opinion Letter As A Defense To Willful Infringement, Dov Greenbaum
Marquette Intellectual Property Law Review
The Federal Circuit, through its decision in Seagate, sought to clarify and definitively establish various consequences of an assertion of willful infringement by a patentee. This comment discusses the history and potential outcomes of the Seagate decision; first, by outlining basic issues of privilege and immunity and examining the history of uncertainty regarding waiver leading up to the Seagate decision. The remainder of the comment examines the potential outcomes of the decision, and presents possible resolutions to further resolve the issue and more fully repair attorney-client privilege and immunity.
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
University of Richmond Law Review
No abstract provided.
Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia
Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz
Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Enablement Pendulum Swings Back, Sean B. Seymore
The Enablement Pendulum Swings Back, Sean B. Seymore
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Raising The Dead: How The Ninth Circuit Avoided The Supreme Court's Guidelines Concerning Aesthetic Functionality And Still Got Away With It In Au-Tomotive Gold, Yevgeniy Markov
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev
Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks
Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks
Northwestern Journal of Technology and Intellectual Property
Attorneys increasingly are confronting the significant ethical issues raised when a data-security breach occurs. Many traps exist for the unwary in this evolving area of the law, especially in light of concerns regarding e-discovery and a lack of judicial interpretation of applicable statutes. This article provides a legal framework in this area of the law and explores ethical considerations arising when an attorney represents a client who has suffered a data-security breach.
Massively Multiplayer Online Fraud: Why The Introduction Of Real World Law In A Virtual Context Is Good For Everyone, Ethan E. White
Massively Multiplayer Online Fraud: Why The Introduction Of Real World Law In A Virtual Context Is Good For Everyone, Ethan E. White
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel
Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.
The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai
Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson
Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels
Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel
Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze
Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
NYLS Law Review
No abstract provided.