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Full-Text Articles in Law
Greasing The Wheels Of Patent Law: Clarifying The Judicial Exceptions Via American Axle & Manufacturing, Inc. V. Neapco Holdings Llc, Michael Oliver
Greasing The Wheels Of Patent Law: Clarifying The Judicial Exceptions Via American Axle & Manufacturing, Inc. V. Neapco Holdings Llc, Michael Oliver
Journal of Intellectual Property Law
Patents stimulate the economy, they give inventors (and investors in the patent) confidence that their work will be protected. You have never been able to patent laws of nature, natural phenomena or abstract ideas. These combine to create the judicial exceptions. The issue is that these terms are so broad that it is difficult to determine when a patent is connected to a judicial exception. The Supreme Court created the Alice test, a two-part test to determine whether a claim is tied to a judicial exception. That was back in 2014 and is the last time the Supreme Court has …
Wearables And Where They Stick: Finding A Place For Tech Tattoos In The Ip Framework, Emily A. Mccutcheon
Wearables And Where They Stick: Finding A Place For Tech Tattoos In The Ip Framework, Emily A. Mccutcheon
Journal of Intellectual Property Law
No abstract provided.
Tightening The Gilstrap: How "Tc Heartland" Limited The Pharmaceutical Industry When It Reined In The Federal Circuit, Amanda Walton Newton
Tightening The Gilstrap: How "Tc Heartland" Limited The Pharmaceutical Industry When It Reined In The Federal Circuit, Amanda Walton Newton
Journal of Intellectual Property Law
No abstract provided.
From Ip Goals To 3d Holes: Does Intellectual Property Law Provide A Map Or Gap In The Era Of 3d Printing?, Autumn Smith
From Ip Goals To 3d Holes: Does Intellectual Property Law Provide A Map Or Gap In The Era Of 3d Printing?, Autumn Smith
Journal of Intellectual Property Law
No abstract provided.
Limb Law: Licensing Solutions For The Prosthetic Industry's Patentability And Cost Crisis, Ryan J. Mumper
Limb Law: Licensing Solutions For The Prosthetic Industry's Patentability And Cost Crisis, Ryan J. Mumper
Journal of Intellectual Property Law
No abstract provided.
Additive Manufacturing, Pay-For-Delay, And Mandatory Care: Is There Space For Positive Reform?, Jordan L. Jackson
Additive Manufacturing, Pay-For-Delay, And Mandatory Care: Is There Space For Positive Reform?, Jordan L. Jackson
Journal of Intellectual Property Law
No abstract provided.
Getting Patent Preemption Right, Camilla A. Hrdy
Getting Patent Preemption Right, Camilla A. Hrdy
Journal of Intellectual Property Law
No abstract provided.
Not So Obvious After All: Patent Law's Nonobviousness Requirement, Ksr, And The Fear Of Hindsight Bias, Glynn S. Lunney Jr., Christian T. Johnson
Not So Obvious After All: Patent Law's Nonobviousness Requirement, Ksr, And The Fear Of Hindsight Bias, Glynn S. Lunney Jr., Christian T. Johnson
Georgia Law Review
Before the creation of the Federal Circuit in 1982,
nonobviousness served as the primary gatekeeper for
patents. When patent holders sued for infringement and
lost, more than sixty percent of the time, they lost on the
grounds that their patent was obvious. With the advent of
the Federal Circuit, nonobviousness became a much less
difficult hurdle to surmount. From 1982 until 2005, when
patent holders sued for infringement and lost, obviousness
was the reason in less than fifteen percent of the cases.
While obviousness remained formally a requirement of
patent protection, there can be little doubt that the Federal
Circuit …
Joint Defense Or Research Joint Venture? Reassessing The Patent-Challenge-Bloc's Antitrust Status, Joseph S. Miller
Joint Defense Or Research Joint Venture? Reassessing The Patent-Challenge-Bloc's Antitrust Status, Joseph S. Miller
Scholarly Works
A patent challenger who defeats a patent wins spoils that it must share with the world, including all its competitors. This forced sharing undercuts an alleged infringer's incentive to stay in the fight to the finish - especially if the patent owner offers an attractive settlement. Too many settlements, and too few definitive patent challenges, are the result. I have argued previously that a litigation-stage bounty would help correct this tilt against patent challenges, for it would provide cash prizes to successful patent challengers that they alone would enjoy. Even the best-designed bounty, however, would likely fail to encourage patent …