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Intellectual Property Law

Suffolk University Law School Faculty Works

2014

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Full-Text Articles in Law

Top Tens In 2013: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn Aug 2014

Top Tens In 2013: Patent, Trademark, Copyright And Trade Secret Cases, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

This paper discusses notable intellectual property law caselaw in the United States in 2013. The Supreme Court decided four patent cases, holding that isolated human DNA is not patentable; that lawsuits alleging legal malpractice in patent cases are to be litigated in state, not federal, court; that seeds grown from genetically modified patented seeds cannot be resold; and that reverse-payment settlements between brand name and generic pharmaceutical companies are subject to scrutiny under the anti-trust laws. The one trademark case the Court decided addressed an issue with more impact in the patent area: whether a rights holder can destroy jurisdiction …


The Gpl Meets The Ucc: Does Free Software Come With A Warranty Of No Infringement Of Patents And Copyrights?, Stephen M. Mcjohn Jan 2014

The Gpl Meets The Ucc: Does Free Software Come With A Warranty Of No Infringement Of Patents And Copyrights?, Stephen M. Mcjohn

Suffolk University Law School Faculty Works

The GNU General Public License, known as the GPL, is the cornerstone of free software. The GPL has served as the organizing document for free software, providing a structure that has helped transformed the development of software and electronic devices. Software licensed under the GPL may be freely copied and adapted. The source code for the software is made available, to enable anyone to study and change it. The GPL does have "copyleft" restrictions, intended to keep the software free for others. If someone adapts and redistributes GPL’d software, they must likewise allow access to their source code. The GPL …