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Articles 1 - 5 of 5
Full-Text Articles in Law
Building A Better Bounty: Litigation-Stage Rewards For Defeating Patents, Joe Miller
Building A Better Bounty: Litigation-Stage Rewards For Defeating Patents, Joe Miller
Scholarly Works
A patent challenger who defeats a patent wins a prize that it must share with the whole world, including all its competitors. This forced sharing undermines an alleged infringer's reason for fighting the patent case to the finish - especially if the patent owner offers an attractive settlement. Too many settlements, and too few definitive patent challenges, are the result. A litigation-stage bounty would correct this defect in patent litigation's basic framework, for it would provide cash prizes to successful patent challengers that they alone would enjoy. After briefly describing the free rider problem with inventions that patent law attempts …
Adrift On A Sea Of Uncertainty: Preserving Uniformity In Patent Law Post-Vornado Through Deference To The Federal Circuit, Larry D. Thompson
Adrift On A Sea Of Uncertainty: Preserving Uniformity In Patent Law Post-Vornado Through Deference To The Federal Circuit, Larry D. Thompson
Scholarly Works
Congress created the United States Court of Appeals for the Federal Circuit in 1982, and granted that court exclusive appellate jurisdiction over civil actions arising under patent law. Congress's primary goals in creating the Federal Circuit were to produce a more uniform patent jurisprudence and to reduce forum shopping based on favorable patent law. But in the 2002 decision of Holmes Group, Inc. v. Vornado Air Circulation Systems, the Supreme Court held that patent counterclaims alone could not create Federal Circuit jurisdiction. This decision not only overruled the Federal Circuit's longstanding jurisdictional rule, but also opened the door for Regional …
Something Borrowed, Something New: The Changing Role Of Novelty In Idea Protection Law, Mary Lafrance
Something Borrowed, Something New: The Changing Role Of Novelty In Idea Protection Law, Mary Lafrance
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Ideas that do not qualify for legal protection, it is well settled, are free to the world once they have been disclosed. Yet states vary considerably in the scope of, and prerequisites for, legal protection granted to ideas. Variations in state approaches to idea protection are well documented. The states most often highlighted for their contrasting approaches are New York and California. Idea protection doctrine in these two jurisdictions differs primarily in the role played by the concept of “novelty.” There is no one authoritative definition of novelty in this context; indeed, courts typically use the term without defining it. …
Innovations Palpitations: The Confusing Status Of Geographically Misdescriptive Trademarks, Mary Lafrance
Innovations Palpitations: The Confusing Status Of Geographically Misdescriptive Trademarks, Mary Lafrance
Scholarly Works
The United States' two major international trade agreements of the 1990s—the General Agreement on Tariffs and Trade (GATT) and the North American Free Trade Agreement (NAFTA)—included intellectual property provisions that led Congress to amend a number of federal intellectual property statutes, including, inter alia, the Lanham Act provisions dealing with federal registration of trademarks. Specifically, pursuant to Article 1712 of NAFTA, Congress revised the rules that determine whether, and under what circumstances, federal registration is permitted for trademarks that contain geographical indications of origin. In the decade since these enactments, it appeared that the courts had reached a reasonable interpretation …
Treaty Governance, Intellectual Property And Biodiversity, John Linarelli
Treaty Governance, Intellectual Property And Biodiversity, John Linarelli
Scholarly Works
When resources become valuable, various social and institutional pressures come to bear to enclose them in a property rights regime. Given the substantial progress of biotechnology and the life sciences, genetic resources found in biological diversity are experiencing such pressures. The question of how much commodification or commercialization of genetic resources is appropriate is of global concern; it affects the distribution of wealth in and among societies and countries. This article explores the emerging treaty law on intellectual property and biodiversity. It inquires What is biodiversity? and Why is biodiversity preservation important? It then focuses on the United Nations Framework …