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Full-Text Articles in Law

Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri May 2012

Who's The Author? A Bright-Line Rule For Specially Commissioned Works Made For Hire, Richard D. Palmieri

University of Richmond Law Review

No abstract provided.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets Jan 2012

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its second issue of the 2011-2012 academic year. The Journal strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. As we enter the new year, we must remain mindful of the ever-growing role that technology plays in our daily lives. In that vein, the Journal believes it is our mission to promote a relevant and timely discussion on technology-related legal issues.


Orphan Works At The Dawn Of Digitalization, Kelu L. Sullivan Jan 2012

Orphan Works At The Dawn Of Digitalization, Kelu L. Sullivan

Richmond Journal of Law & Technology

The past two decades have witnessed breathtaking increases in computing power, as well as equally impressive strides in manufacturing efficiency and technological innovation. Powerful, cheap, and interconnected, modern personal computers, smart phones, and e-readers are rapidly sculpting a landscape of ubiquitous computing. From shopping online to streaming movies, from social networking to online dating, and from paying bills to reading digitized books, the average American now expects the convenient digitization of historically analogue practices and media. In the workplace, this trend has expressed itself through a strong push toward paperless practices. In the music and movie industries, this trend has …


I 4 An I: Why Changing The Standard For Overcoming The Presumption Of Patent Validity Will Cause More Harm Than Good, John A. Morrissett Jan 2012

I 4 An I: Why Changing The Standard For Overcoming The Presumption Of Patent Validity Will Cause More Harm Than Good, John A. Morrissett

Richmond Journal of Law & Technology

Bad facts make bad law. The Supreme Court recently addressed the issue of what constitutes the appropriate standard of proof for invalidating an issued patent. The Patent Act provides a presumption of patent validity. Therefore, a party challenging a patent’s validity bears the burden of overcoming this presumption. However, the Patent Act is silent as to the standard of proof required to satisfy this burden. Despite the Act’s silence, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) has consistently held that the Patent Act’s presumption of validity can only be overcome by a showing of clear and …


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Joel Hermsdorfer Jan 2012

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Joel Hermsdorfer

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its Annual Survey issue of the 2011-2012 academic year.


A Vaccine Approach To The Reverse Payment Illness, Scott Bergeson Jan 2012

A Vaccine Approach To The Reverse Payment Illness, Scott Bergeson

Richmond Journal of Law & Technology

Big Brand Name develops and files a patent for a drug that kills bacteria in an innovative way. The drug is groundbreaking and potentially marketable, so Big Brand Name incurs the enormous cost (estimated at $868 million) and time of drug discovery research and safety determinations of clinical trials to bring the drug to market. Small Generic Company wants to sell the same drug but must wait until Big Brand Name’s patent expires or, in the alternative, Small Generic Company can file an Abbreviated New Drug Application (“ANDA”) with the FDA and allege Big Brand Name’s patent is invalid or …


A ‘Pinteresting’ Question: Is Pinterest Here To Stay? A Study In How Ip Can Help Pinterest Lead A Revolution, Stephanie Chau Jan 2012

A ‘Pinteresting’ Question: Is Pinterest Here To Stay? A Study In How Ip Can Help Pinterest Lead A Revolution, Stephanie Chau

Richmond Journal of Law & Technology

Bulletin boards and pushpins are archaic. Yet, each day represents a new paradigm for the technologically savvy. Innovators pair old concepts with new functionalities and technology, often achieving groundbreaking results. Digital counterparts for Post-It notes emerged for computers and other wireless devices. Other examples abound. Thus, it is no surprise that pins and boards also have new meaning in the digital age. Credit is due to the founders of Pinterest, a nascent social networking site with a devoted following, for modernizing the pin. As a newer social networking site, Pinterest has experienced unparalleled growth after its inception only a few …


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets Jan 2012

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the fourth and final issue of the 2011-2012 academic year. This issue includes a dedication to Professor John Carroll written by Rick Klau, the Journal’s founder.


Genes 101: Are Human Genes Patentable Subject Matter?, Andrew Bowman Jan 2012

Genes 101: Are Human Genes Patentable Subject Matter?, Andrew Bowman

Richmond Journal of Law & Technology

Genes are the fundamental building blocks of all living things. They dictate hair color, eye color, even susceptibility to cancer. As such, genes inherently possess untold power. The ability of a sole company to wield this omnipotence makes a human gene patent highly sought after.


Technologies-That-Must-Not-Be-Named: Understanding And Implementing Advanced Search Technologies In E-Discovery, Jacob Tingen Jan 2012

Technologies-That-Must-Not-Be-Named: Understanding And Implementing Advanced Search Technologies In E-Discovery, Jacob Tingen

Richmond Journal of Law & Technology

The Federal Rules of Civil Procedure were created to promote the “just, speedy, and inexpensive determination of every action and proceeding.” Unfortunately, in the world of e-discovery, case determinations are often anything but speedy and inexpensive. The manual review process is notoriously one of the most expensive parts of litigation. Beyond expense, the time and effort required to carry out large-scale manual review places an immense burden on parties, nearly destroying the possibility of assessing the merits of early settlement before expensive review has already been carried out.