Law Commons^™

Stranger In A Strange Land: Biotechnology And The Federal Circuit, Lawrence M. Sung

Faculty Scholarship

No abstract provided.

The Intellectual And Technical Property Components Of Pro-Vitamin A Rice (Goldenricetm): A Preliminary Freedom-To-Operate Review, R. David Kryder, Stanley P. Kowalski, Anatole F. Krattiger

Law Faculty Scholarship

Rice is a staple food for millions of people, predominantly in Asia, but lacks essential nutritional components such as Vitamin A. This is very important for over 180 million children and women of child bearing age who suffer from Vitamin A deficiency in Asia alone. For this reason, an improvement was made under an effort led by Profs. Ingo Potrykus and Peter Beyer by inserting several genes into rice to produce an improved product called GoldenRice. Because GoldenRice has the potential to be easily integrated into the farming systems of the world's poorer regions, the advent of GoldenRice promises to …

Symposium: Patent Rights And Licensing, Michael S. Baram, Ashley Stevens, Thomas Meyers, Michael J. Meurer

Faculty Scholarship

This panel will discuss intellectual property - the patent incentive, patentability issues, licensing, and litigation-related matters. It will be moderated by Dr. Ashley Stevens, the Director of the Office of Technology Transfer at Boston University. Ashley has multiple degrees, including a doctorate in physical chemistry from Oxford University. He has worked in the biotech industry for a number of years, mostly with startup companies and academic research organizations such as the Dana Farber Cancer Institute, where he was also Director of Technology Transfer. Ashley was instrumental in the startup and operations of firms such as Biotechnica International, and started his …

March-In Rights Under The Bayh-Dole Act: Public Access To Federally Funded Research , Mary Eberle

Marquette Intellectual Property Law Review

Ms. Eberle examines the Bayh-Doyle Act of 1980, which allows small entities to retain patent title to inventions arising from federally funded research. The Act includes a march-in rights provision, which permits a petitioning third party to force the small entity to grant the petitioner a license where the original licensee fails to commercialize the technology. Ms. Eberle discusses the substance of the Act, focusing on its march-in rights provision. Next, Eberle chronicles a march-in rights attempt by the biotechnology company CellPro to obtain a license to Johns Hopkins University patents and the subsequent court battle. After offering an analysis …

Beyond The Harvard Mouse: Current Patent Practice And The Necessity Of Clear Guidelines In Biotechnology Patent Law, Carrie F. Walter

Indiana Law Journal

No abstract provided.

Pregnant With Ambiguity: Credibility And The Pto Utility Guidelines In Light Of Brenner, Andrew T. Kight

Indiana Law Journal

No abstract provided.

Intellectual Property Issues In Genomics, Rebecca S. Eisenberg

Articles

Controversy over intellectual property rights in the results of large-scale cDNA sequencing raises intriguing questions about the roles of the public and private sectors in genomics research, and about who stands to benefit (and who stands to lose) from the private appropriation of genomic information. While the US Patent and Trademark Office has rejected patent applications on cDNA fragments of unknown function from the National Institutes of Health, private firms have pursued three distinct strategies for exploiting unpatented cDNA sequence information: exclusive licensing, non-exclusive licensing and dedication to the public domain.

Patents: Help Or Hindrance To Technology Transfer?, Rebecca S. Eisenberg

Book Chapters

Intellectual property is a broad heading used to refer to a wide variety of rights associated with inventions, discoveries, writings, artistic works, product designs, and designations of the source of goods and services. Patents and trade secrets are the most important of these sorts of intellectual properties in the field of biotechnology. One aspect of intellectual property that distinguishes it sharply from other forms of property-and for some people makes it harder to justify-is that intellectual properties may be possessed and used by many people simultaneously. This is not so for tangible property. If someone borrows my car, I cannot …

Enablement In Biotechnology Cases After In Re Goodman, John C. Todaro

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Patenting Life In The European Community: The Proposed Directive On The Legal Protection For Biotechnological Inventions, Janice Mccoy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

International Aspects Of Patent Protection For Biotechnology, John Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Panel Commentaries, S. Leslie Misrock, Oreste Montalto, Harold C. Wegner

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Case Comment, John C. Herman

Vanderbilt Journal of Transnational Law

Section 337 of the recently amended Tariff Act of 1930 permits United States patent owners to bar from importation goods that infringe upon their patents. In Amgen, Inc. v. United States International Trade Commission, the Federal Circuit refused to grant relief to the patent owner because it had no claim on either the final product imported or the process to create the product. The alleged infringer, however, had to use the patented product to create the final product, which, if done in the United States, would infringe the patent.

This Comment argues for an extension of section 337 to cover …

The Impact Of The Deposit Requirement For Patenting Biotechnology: Present Concerns, Proposed Solutions, Brandi L. Wickline

Vanderbilt Journal of Transnational Law

Patenting the fruits of biotechnological research often involves problems unique to that scientific field, especially when the resulting inventions employ micro-organisms that cannot be described easily because of their novelty to the field. The importance of satisfactorily resolving these problems increases because most developed states now allow biotech inventors to patent the novel organism itself. In response to the concern that words are often inadequate to identify completely these microbes, states began allowing biotech patent applicants to deposit a sample culture of the novel micro-organism as a supplement to the written description. This Note addresses the shortcomings of the deposit …

Brief Amicus Curiae Of The Taxpayers Asset Project Of The Center For Study Of Responsive Law In Support Of Petitioners, Genetics Institute, Inc., Et. Al. V. Amgen Inc., 502 U.S. 856 (1991), Michael H. Davis

Law Faculty Briefs and Court Documents

Although a patent appears to be a private right, that private right is only "secondary," as this Court has stated, to the public bargain of which it is but a part. The focus must always be whether the public has received full information about the nature of the invention so that future inventors may reuse and improve it. The decision below reflects a failure to recognize the patent's monopoly nature and as a result abandons the "best mode" rule forbidding the inventor form concealing the best way of replicating the invention. By turning the subjective test of "best mode" into …

What Has Happened Since Chakrabarty, Jane M. Marciniszyn

Journal of Law and Health

It is conventional wisdom that the patent system is designed to undergrid the investment in pushing technology forward. The patent system is innovation-oriented. And (sic) it functions most effectively in the expensive, breakthrough technologies, where uncertainties of success or payback abound. If, in assessing the risk of commitment, the penalties of failure outweigh the prizes of success, the prudent money will go elsewhere. The patent system moves the equation to the right, not by better assuring success (for only public needs and market values can do that), but by aiding success through offering the innovator a temporary respite from non-innovative …

Diamond V. Chakrabarty, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.