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Full-Text Articles in Law
How Should Damages Be Calculated For Design Patent Infringement?, Mark D. Janis
How Should Damages Be Calculated For Design Patent Infringement?, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.
Enabling After-Arising Technology, Kevin Emerson Collins
Enabling After-Arising Technology, Kevin Emerson Collins
Articles by Maurer Faculty
No abstract provided.
Under Construction: Towards A More Deferential Standard Of Review In Claim Construction Cases, Jeffrey Peabody
Under Construction: Towards A More Deferential Standard Of Review In Claim Construction Cases, Jeffrey Peabody
Maurer Student Articles
No abstract provided.
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.
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Patent Law In The Age Of The Invisible Supreme Court, Mark D. Janis
Articles by Maurer Faculty
This article examines the permanence of the U.S. Supreme Court's retreat to the peripheries of patent law after the creation of the Federal Circuit, and explores the roles that the Supreme Court might imagine for itself in contemporary patent law. For discussion purposes, the article describes two hypothetical models for Supreme Court decisionmaking in patent cases: an aggressive interventionist model and an extreme non-interventionist model. After considering the shortcomings of both models, the article proposes an intermediate, managerial model. The managerial model rejects the proposition that the Court should intervene in patent cases to correct perceived substantive errors in Federal …
Who’S Afraid Of Functional Claims? Reforming The Patent Law’S §112, ¶ 6 Jurisprudence, Mark D. Janis
Who’S Afraid Of Functional Claims? Reforming The Patent Law’S §112, ¶ 6 Jurisprudence, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.