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Articles 1 - 15 of 15
Full-Text Articles in Law
Why Pharmaceutical Firms Support Patent Trolls: The Disparate Impact Of Ebay V. Mercexchange On Innovation, Jeremiah S. Helm
Why Pharmaceutical Firms Support Patent Trolls: The Disparate Impact Of Ebay V. Mercexchange On Innovation, Jeremiah S. Helm
Michigan Telecommunications & Technology Law Review
Before the unanimous decision in eBay v. MercExchange, patent holders were almost always granted an injunction against an infringer. In fact, the Federal Circuit, in deciding eBay, noted that, upon a finding of infringement, an injunction would issue unless there were extraordinary circumstances. The Court, in a brief opinion, disagreed with the Federal Circuit and explained that the injunction issue in a patent case must be analyzed under the traditional four-factor test.[...] Is the four-factor test fairer or better than the Federal Circuit's near-automatic injunction rule? It is certainly more difficult to administer a factor test as compared to a …
Trips: With A Painful Birth, Uncertain Health, And A Host Of Issues In China, Where Lies Its Future, Allan Segal
Trips: With A Painful Birth, Uncertain Health, And A Host Of Issues In China, Where Lies Its Future, Allan Segal
San Diego International Law Journal
In recent decades, the United States and other western nations have used pragmatic and theoretical reasons to justify a strong, global intellectual property ("IP") regime. From a practical perspective, economically mature nations clearly have a direct, vested interest in preventing the piracy of patented goods and ensuring that their domestic agendas maximize financial protection for inventions or creations. Nevertheless, the supranational disregard of patent protection and IP piracy has a financial impact on numerous companies, as well as the taxpaying citizens, in developed countries. These disparate foundations for basic IP rights result in a haphazard theoretical grounding to the Agreement …
The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell
The Federal Circuit And The Supreme Court, Arthur J. Gajarsa, Lawrence P. Cogswell
American University Law Review
No abstract provided.
Patent Law Decisions Of The Federal Circuit, Sasha Mayergoyz, Michael F. Harte, David Mckone, Amanda J. Hollis, Peter Moore, Jennifer L. Travers
Patent Law Decisions Of The Federal Circuit, Sasha Mayergoyz, Michael F. Harte, David Mckone, Amanda J. Hollis, Peter Moore, Jennifer L. Travers
American University Law Review
No abstract provided.
Biopiracy And Beyond: A Consideration Of Socio-Cultural Conflicts With Global Patent Policies, Cynthia M. Ho
Biopiracy And Beyond: A Consideration Of Socio-Cultural Conflicts With Global Patent Policies, Cynthia M. Ho
University of Michigan Journal of Law Reform
This Article provides afresh and multi-dimensioned approach to a long-standing claim of biopiracy patents made by developing countries and communities. The basic principles of patent law and policy are first established to provide a foundation from which to evaluate the claim that genetic resources and traditional knowledge from developing countries are being misappropriated in a variety of ways that are loosely referred to as biopiracy. The Article distinguishes rhetoric from reality in examining biopiracy allegations from the perspective of national patent laws, as well as international agreements. In addition, the Article explains the underlying conflicts, misconceptions, and historical biases that …
Evaluate Patentability Of Your Invention, Umakant Mishra
Evaluate Patentability Of Your Invention, Umakant Mishra
Umakant Mishra
The patent system is designed to encourage inventions that are useful to society by granting inventors absolute right to make profit from their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. But patents cannot protect each and every person who conceives an invention. While there are some common criteria of accepting an invention for patenting, the laws of patenting differ from country to country to some extent. The concept of patentability is also very vague in some instances of the legal system. Hence it is important to check the patentability of your invention in …
Patentability Criteria In Different Countries, Umakant Mishra
Patentability Criteria In Different Countries, Umakant Mishra
Umakant Mishra
The patent system is designed to attract inventors to disclose and protect their inventions. While disclosing the invention benefits the society, protecting the invention benefits the inventor. However, the invention must fulfill certain criteria to be patentable. Hence, patentability assessment is extremely important before filing a patent application. Although there are some commonalities in the criteria of patentability there are some differences from country to country depending on the law of the land. In many cases the criteria are very vague and the patent application may be rejected for several unforeseen reasons. A proper patentability assessment helps the inventors assessing …
Patent Drafter Estoppel: Why Didn't Sage Products Create A New Foreseeability Limitation On The Application Of The Doctrine Of Equivalents?, Christopher M. Kaiser
Patent Drafter Estoppel: Why Didn't Sage Products Create A New Foreseeability Limitation On The Application Of The Doctrine Of Equivalents?, Christopher M. Kaiser
ExpressO
This article reviews the 1997 Federal Circuit Case of Sage Products v. Devon and the case law that has followed it. There is some belief among patent practitioners that Sage Products created a new legal doctrine limiting the application of the doctrine of equivalents in patent infringement cases. The new doctrine, sometimes referred to as “patent drafter estoppel,” would bar the application of the doctrine of equivalents any time an accused equivalent structure should have been foreseen by a reasonable patentee. Federal Circuit case law since Sage Products has diverged into two lines of thought: one that supports the thinking …
Three Tests Of Patentability, Umakant Mishra
Three Tests Of Patentability, Umakant Mishra
Umakant Mishra
United States patent law prescribes three major criteria of patentability, viz, novelty, usefulness and non-obviousness. These "three tests of patentability" are fundamentals behind issue of any patent from USPTO. It is important to know these fundamentals for any person who intends to work on patents.
Harnessing And Sharing The Benefits Of State-Sponsored Research: Intellectual Property Rights And Data Sharing In California's Stem Cell Initiative, Rebecca S. Eisenberg, Arti K. Rai
Harnessing And Sharing The Benefits Of State-Sponsored Research: Intellectual Property Rights And Data Sharing In California's Stem Cell Initiative, Rebecca S. Eisenberg, Arti K. Rai
Articles
This Article discusses data sharing in California's stem cell initiative against the background of other data sharing efforts and in light of the competing interests that CIRM is directed to balance. We begin by considering how IP law affects data sharing. We then assess the strategic considerations that guide the IP and data policies and strategies of federal, state, and private research sponsors. With this background, we discuss four specific sets of issues that public sponsors of data-rich research, including CIRM, are likely to confront: (1) how to motivate researchers to contribute data; (2) who should have access to the …
Patent Donations And Tax Policy, Xuan-Thao Nguyen, Jeffrey A. Maine
Patent Donations And Tax Policy, Xuan-Thao Nguyen, Jeffrey A. Maine
Faculty Publications
To achieve the policy goals of ultimate innovation, the government should provide incentives to encourage the patentees to donate, rather than abandon, their "orphan" patents to universities, hospitals, and other nonprofit organizations with research and development facilities that can properly exploit the patents. The authors advocate for the implementation of incentives that would encourage donors to surrender their monopolistic ownership of patents for the benefit of charitable organizations and, in tum, the development and growth of society.
Rules V. Standards For Patent Law In The Plant Sciences, Mark D. Janis
Rules V. Standards For Patent Law In The Plant Sciences, Mark D. Janis
Articles by Maurer Faculty
This article argues that US patent jurisprudence as applied to the plant sciences is moving to a second stage that will be characterized by more by incremental calibration than by spectacular change. The article discusses two doctrines of patent scope that are likely to be implicated in calibrating the utility patent system for the plant sciences: enablement and experimental use. It considers how those doctrines may be refined to serve as calibration tools in the application of patent law to the plant sciences.
The Doctrine Of Equivalents: Becoming A Derelict On The Waters Of Patent Law, Charles Adams
The Doctrine Of Equivalents: Becoming A Derelict On The Waters Of Patent Law, Charles Adams
Articles, Chapters in Books and Other Contributions to Scholarly Works
The doctrine of equivalents expands the scope of patent protection in some circumstances to cover variations of the invention that are not within the literal terms of the claims. While there is no statutory basis for the doctrine of equivalents, and it has been characterized as an anomaly, the Supreme Court has repeatedly reaffirmed the doctrine over the past 150 years. Although the Supreme Court and the lower federal courts continue to recognize the doctrine of equivalents, they have not clearly defined the circumstances in which it is available, nor demarcated the extent to which it expands the scope of …
Tax Strategies Are Not Patentable Inventions, Andrew A. Schwartz
Tax Strategies Are Not Patentable Inventions, Andrew A. Schwartz
Publications
No abstract provided.
The Experimental Use Exception To Patent Infringement: Do Universities Deserve Special Treatment?, Elizabeth A. Rowe
The Experimental Use Exception To Patent Infringement: Do Universities Deserve Special Treatment?, Elizabeth A. Rowe
UF Law Faculty Publications
The experimental use exception is a common law exception to the patent-holder's exclusive right of use. It permits the use of another's patented device when such use is for philosophical inquiry, curiosity, or amusement. It has recently come under attack by many who consider it too narrow. They fear that the courts' "narrowing" of the experimental use exception will stifle research and innovation. Much of the discontent with the doctrine has been spurred by a relatively recent Federal Circuit opinion, Madey v. Duke University, which makes clear that a research university does not receive immunity under the experimental use …