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Intellectual Property Law

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Articles 421 - 442 of 442

Full-Text Articles in Law

The Process Patents Amendments Act: The Labyrinth, David L. Hitchcock, Craig Allen Nard Mar 1993

The Process Patents Amendments Act: The Labyrinth, David L. Hitchcock, Craig Allen Nard

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


[Introduction] The Science Court Is Dead - Long Live The Science Court, Thomas G. Field Mar 1993

[Introduction] The Science Court Is Dead - Long Live The Science Court, Thomas G. Field

RISK: Health, Safety & Environment (1990-2002)

[Excerpt] "It is a pleasure to introduce this symposium issue with its range of current thoughts about what Arthur Kantrowitz invented a little over twenty-five years ago and has since come to be known as the "Science Court." The pleasure is enhanced by being able to include papers by Dr. Kantrowitz, Allan Mazur (who worked closely with him), Carl Cranor, Itzhak Jacoby and Sheila Jasanoff - as well as an extensive list of citations to other discussions. In approaching these papers, readers may find it helpful to consider what Kantrowitz invented, he and others have attempted to improve, and the …


Staying Patent Validity Litigation Pending Reexamination: When Should Courts Endeavor To Do So, Steven M. Auvil Jan 1993

Staying Patent Validity Litigation Pending Reexamination: When Should Courts Endeavor To Do So, Steven M. Auvil

Cleveland State Law Review

This note will discuss the circumstances under which it is appropriate for a court to exercise its authority to stay patent validity litigation pending reexamination of the patent-in-suit. The question must be analyzed with due regard to the unique relationship that exists between Patent Office reexamination and district court litigation. As a point of departure, the note explains the substance and procedure of statutory reexamination. Secondly, it will discuss the possible effects that reexamination may have on concurrent litigation in a district court. Thirdly, the note will examine the discernible factors that courts have considered in deciding whether to suspend …


"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger Mar 1991

"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover Mar 1991

The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller Mar 1991

Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


The Role Of Technologically Trained Corporate Lawyers In Managing Risk, Homer O. Blair Jan 1990

The Role Of Technologically Trained Corporate Lawyers In Managing Risk, Homer O. Blair

RISK: Health, Safety & Environment (1990-2002)

An explanation of what technologically-trained lawyers ordinarily do as corporate employees. Lawyers with such training, while not members of the "public," have traditionally played a very small role in dealing with safety issues. It is strongly urged that they may be of great help in preventing harm which would be expensive, at best, to redress.


The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry Jan 1989

The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry

Cleveland State Law Review

In October of 1988, Congress enacted the Intellectual Property Bankruptcy Protection Act. The Act is intended to "promote the development and licensing of intellectual property by providing certainty to licensees in situations where the licensor files bankruptcy and seeks to reject the license as an executory contract by providing the licensee an "assurance of being able to continue to use the licensed intellectual property after rejection, while debtors/licensors will still be able to free themselves of burdensome obligations." The Act adds a new subsection to 11 U.S.C. §365 which allows the licensee of intellectual property under an executory contract to …


Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht Oct 1988

Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht

Seattle University Law Review

This Note asserts that the UMC Electronics v. United States court's "all circumstances" test cannot be consistently applied and does not satisfy the policies underlying the bar. Therefore, a test is proposed that distinguishes between an offer to sell an invention and the actual sale of an invention. In developing the test, this Note will first explain the policies that underly the on sale bar and review the past application of the bar. Second, the UMC case will be examined and its facts and holding explained. Third, the panel majority's conclusion that a reduction to practice has not been, and …


Hindering The Progress Of Science: The Use Of The Patent System To Regulate Research On Genetically Altered Animals, Robert B. Kambic Jan 1988

Hindering The Progress Of Science: The Use Of The Patent System To Regulate Research On Genetically Altered Animals, Robert B. Kambic

Fordham Urban Law Journal

This Note considers whether genetically altered animals should be protected by patents and discusses the ramifications of a congressionally imposed moratorium on the issuance of animal patents. The Note discusses the purpose of the patent system and analyzes case law concerning patents on living organisms, examines the controversy surrounding the patenting of altered animals, and contains a discussion of the PTO's role in issuing an ethically controversial patent. The Note concludes that the PTO was correct in determining that genetically altered animals are patentable subject matter.


The Copyright Monopoly After Sony Corp. Of America V. Universal City Studios, Inc. Jan 1985

The Copyright Monopoly After Sony Corp. Of America V. Universal City Studios, Inc.

Touro Law Review

No abstract provided.


"Related" Claims Of Unfair Competition And Patent Infringement - River Brand Rice Mills, Inc. V. General Foods Corp. Jan 1965

"Related" Claims Of Unfair Competition And Patent Infringement - River Brand Rice Mills, Inc. V. General Foods Corp.

Maryland Law Review

No abstract provided.


Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review Jan 1965

Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review

Michigan Law Review

Several independent franchised soft ice-cream outlets brought suit for treble damages against Carvel Corporation, the franchising company, alleging that the contract between them constituted an illegal tying arrangement in violation of section 3 of the Clayton Act and sections 1 and 2 of the Sherman Act. The contract bound the dealers to purchase from Carvel-appointed suppliers all commodities sold as part of the retail dairy composite. Plaintiffs stipulated that they would rely on per se violations at trial. The district court found that the plaintiffs had failed to show the alleged violations and, in any case, the defendant had proved …


Know-How Licensing And The Antitrust Laws, David R. Macdonald Jan 1964

Know-How Licensing And The Antitrust Laws, David R. Macdonald

Michigan Law Review

The purpose of this article is to re-analyze the present antitrust status of know-how licensing for the purpose of clarifying the extent of the protection which the exploiter of know-how may accord himself without abusing the public interest in unfettered competition.


Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr. Nov 1963

Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr.

Michigan Law Review

After extended negotiations, plaintiff entered into a contract with the United States for the development of a new model "hemisphere sight," a mock-up of which plaintiff had previously revealed to the Air Force. Acting upon a request by the Air Force, the Commissioner of Patents issued a secrecy order on the gun sight pursuant to provisions of the Invention Secrecy Act, thus preventing the issuance of a patent to the plaintiff. In order for the United States to have a second source of supply for the sights, the plaintiff revealed its engineering information to another manufacturer upon governmental request to …


Enforcement Of Intellectual Property Rights, Albert R. Teare Jan 1960

Enforcement Of Intellectual Property Rights, Albert R. Teare

Cleveland State Law Review

Wrongful use or appropriation of the property of another is a tort. The owner of a patent has a remedy by civil action for infringement of his patent, and the District Courts of the United States have original jurisdiction of any civil action arising under any act of Congress relating to patents, trademarks and copyrights.


Vaughan: The United States Patent System, Arthur M. Smith Mar 1958

Vaughan: The United States Patent System, Arthur M. Smith

Michigan Law Review

A Review of The United States Patent System. By Floyd L. Vaughan.


Regulation Of Business - Patents - Effect Of Section 271 On The Doctrine Of Contributory Infringement, Robert W. Steele S.Ed. Jun 1957

Regulation Of Business - Patents - Effect Of Section 271 On The Doctrine Of Contributory Infringement, Robert W. Steele S.Ed.

Michigan Law Review

Prior to 1952 the judiciary had sole control of questions involving the infringement of patents. The courts evolved their own concepts and rules of interpretation without legislative guidance. The Patent Act of 1952 marked a radical departure from this policy. Section 271 of the new patent act is an attempt on the part of Congress to codify the doctrine of contributory infringement. Prior to the enactment of this section there was considerable doubt as to the scope of this doctrine and even as to its continued existence. Supreme Court recognition of the defense of patent misuse appears to have diluted …


Patents - The Changing Standard Of Patentable Invention: Confusion Compounded, John M. Webb S.Ed. May 1957

Patents - The Changing Standard Of Patentable Invention: Confusion Compounded, John M. Webb S.Ed.

Michigan Law Review

In Lyon v. Bausch and Lomb Optical Co., Judge Learned Hand carefully analyzed the problem and took the position that Congress intended to modify the standard then applied by the Supreme Court and revive that used twenty-five years ago. He stated that under recent Supreme Court decisions he would be compelled to find the patent invalid, but upheld it on the basis of his interpretation of the new statute. This comment is directed not only to Judge Hand's interpretation, but also to the effect that his decision has had, and may be expected to have in the future, both …


Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue May 1957

Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue

Michigan Law Review

It is the purpose of this article to review judicial standards applicable to the determination of rights in inventions made by employees of the federal government, to note statutory provisions affecting the problem, to examine the content and effect of the present Executive program for determining such rights, to review and evaluate two fundamental and conflicting theories in this field, and to propose legislation establishing appropriate standards and procedures. This topic is believed to have general interest because, in addition to the urgencies suggested above, the problem touches some of the basic legal philosophy underlying the United States patent system.


The Doctrine Of Misuse Of Patent Jan 1948

The Doctrine Of Misuse Of Patent

Indiana Law Journal

Trade Regulation Note


Expensive Futility Of The United States Trade Mark Statute, Edward S. Rogers Jun 1914

Expensive Futility Of The United States Trade Mark Statute, Edward S. Rogers

Michigan Law Review

Every lawyer of much experience knows the client who tip-toes into his office, closes the door carefully, and with a great show of secrecy announces that he has discovered or invented the best name for a soda cracker, a patent medicine, a soft drink, or what not, that human ingenuity ever conceived. He wants it protected before any one can steal it from him. He wants it "Copyrighted." This is the expression most commonly used. He seems to be under the impression that some incantation can be performed by means of which he will be able to secure to himself …