Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Case Western Reserve University School of Law (10)
- William & Mary Law School (5)
- American University Washington College of Law (4)
- Penn State Dickinson Law (3)
- Sacred Heart University (3)
-
- University of Pennsylvania Carey Law School (3)
- West Virginia University (3)
- Northwestern Pritzker School of Law (2)
- Southern Methodist University (2)
- Washington University in St. Louis (2)
- Boston University School of Law (1)
- Columbia Law School (1)
- Georgetown University Law Center (1)
- Mitchell Hamline School of Law (1)
- Singapore Management University (1)
- Texas A&M University School of Law (1)
- The University of Akron (1)
- University of Georgia School of Law (1)
- University of Missouri School of Law (1)
- University of Richmond (1)
- Publication Year
- Publication
-
- Faculty Publications (15)
- Articles in Law Reviews & Other Academic Journals (4)
- All Faculty Scholarship (3)
- Faculty Scholarly Works (3)
- Faculty Scholarship (3)
-
- Law Faculty Scholarship (3)
- Librarian Publications (3)
- Faculty Journal Articles and Book Chapters (2)
- NULR Online (2)
- Scholarship@WashULaw (2)
- Akron Law Faculty Publications (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Law Faculty Publications (1)
- Library Staff Publications (1)
- Research Collection Yong Pung How School Of Law (1)
- Scholarly Works (1)
- Student Scholarship (1)
- File Type
Articles 31 - 47 of 47
Full-Text Articles in Law
Trumbull Library System, Business Program: Patents & Business Intelligence, Amy Jansen, Robert Berry
Trumbull Library System, Business Program: Patents & Business Intelligence, Amy Jansen, Robert Berry
Librarian Publications
A November 10, 2011 presentation by Amy Jansen, Business Librarian at Sacred Heart University and Robert Berry, Research Librarian and Patent and Trademark Resource Center representative for the Sacred Heart University Library.
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 …
Operating Efficiently Post-Bilski By Ordering Patent Doctrine Decision-Making, Dennis D. Crouch, Robert P. Merges
Operating Efficiently Post-Bilski By Ordering Patent Doctrine Decision-Making, Dennis D. Crouch, Robert P. Merges
Faculty Publications
Now that the Supreme Court has decided Bilski v. Kappos, there is an enormous amount of speculation about the case’s impact on patent applicants, litigants, and other participants in the patent system. Most of the commentary is concerned with the holding in Bilski, how this holding will be applied by courts and the Patent Office, and ultimately, the effect of the holding on inventors, and those who hold and seek patents.
Recent Developments In Patent Law, Kristen Jakobsen Osenga
Recent Developments In Patent Law, Kristen Jakobsen Osenga
Law Faculty Publications
In the last year, the landscape of patent law was altered by court opinions from the Supreme Court and U.S. Court of Appeals for the Federal Circuit, as well as in opinions rendered by the Board of Patent Appeals and Interferences (hereafter BP AI) at the United States Patent and Trademark Office. In addition, patent reform legislation was introduced that could have shaken up patent practice even further. Although none of the reform proposals were passed, revised versions of these legislative initiatives have already been introduced in 2009. This brief write-up summarizes many (but by no means all) of the …
Patent Portfolios, Gideon Parchomovsky, R. Polk Wagner
Patent Portfolios, Gideon Parchomovsky, R. Polk Wagner
All Faculty Scholarship
This article presents a new theory of patent value, responding to growing empirical evidence that the traditional appropriability premise of patents is fundamentally incomplete in the modern innovation environment. We find that for patents, the whole is greater than the sum of its parts: the true value of patents lies not in their individual worth, but in their aggregation into a collection of related patents, a patent portfolio. The patent portfolio theory thus explains what is known as “the patent paradox”: in recent years patent intensity—patents obtained per research and development dollar—has risen dramatically even as the expected value of …
Disclosure As A Strategy In The Patent Race, Scott Baker, Claudio Mezzetti
Disclosure As A Strategy In The Patent Race, Scott Baker, Claudio Mezzetti
Scholarship@WashULaw
Research firms disclose a surprisingly large amount of information to the patent office through “targeted” disclosures, that is, disclosures intended to make the patent office aware of potentially patentable information. Conventional wisdom holds that these disclosures are made for defensive purposes; the disclosing firm does not itself plan to pursue patents related to the disclosed information, so the firm discloses to create prior art that might stop rivals from patenting. But firms have an incentive to disclose even if they intend to pursue patent protection. The reason is that, by making it more difficult to patent, disclosure extends the patent …
Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Craig Allen Nard
Introduction: The Law, Technology & The Arts Symposium: The Past, Present And Future Of The Federal Circuit, Craig Allen Nard
Faculty Publications
Introduction to The Law, Technology & the Arts Symposium: The Past, Present and Future of the Federal Circuit, Cleveland, Ohio.
In Defense Of Geographic Disparity, Craig Allen Nard
In Defense Of Geographic Disparity, Craig Allen Nard
Faculty Publications
A response to Margo A. Bagley, Patently Unconstitutional: The Geographical Limitation on Prior Art in a Small World, 87 Minn. L. Rev. 679 (2003).
Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard
Toward A Cautious Approach To Obeisance: The Role Of Scholarship In Patent Law Jurisprudence, Craig Allen Nard
Faculty Publications
This article explores the role of secondary authority in patent law jurisprudence. I reviewed every Federal Circuit published opinion from 1982 (the year of the court's creation) to 2000. I discuss the results of my empirical research and explore why scholarship has a place in the Federal Circuit's patent law jurisprudence. I ultimately urge the court to be cautiously more receptive to secondary authority when deciding patent cases.
The Festo Decision And The Return Of The Supreme Court To The Bar Of Patents, John F. Duffy
The Festo Decision And The Return Of The Supreme Court To The Bar Of Patents, John F. Duffy
Faculty Publications
No abstract provided.
Process Considerations In The Age Of Markman And Mantras, Craig Allen Nard
Process Considerations In The Age Of Markman And Mantras, Craig Allen Nard
Faculty Publications
This article asserts that although notions of uniformity and certainty have always been part of patent law parlance, since the Federal Circuit's decision in Markman v. Westview Instruments, Inc., these noble ends have achieved mantra status. In Markman, the Federal Circuit, in the name of uniformity and certainty, characterized claim interpretation as a question of law subject to de novo review, thus positioning itself as the arbiter of claim meaning. If the Federal Circuit is unwilling to exercise greater obeisance toward district court claim interpretations, this article argues that to achieve uniformity and certainty in the context of de novo …
A Theory Of Claim Interpretation, Craig Allen Nard
A Theory Of Claim Interpretation, Craig Allen Nard
Faculty Publications
This article explores the proper scope of judicial power in patent law by focusing on the Federal Circuit's theories of claim interpretation. A study of the court's claim interpretation jurisprudence reveals two schools of interpretation. I characterize these approaches as (1) hypertextualism, which is the predominant interpretative theory; and (2) pragmatic textualism, which is gradually asserting itself. The hypertextualist judge has an expansive view of judicial power, characterizing claim interpretation as a question of law subject to de novo review. This highly formalistic approach stresses textual fidelity and internal textual coherence, but eschews extrinsic evidence as an interpretive tool, portraying …
Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus
Strategic Disclosure In The Patent System, Douglas Lichtman, Scott Baker, Kate Kraus
Scholarship@WashULaw
Patent applications are evaluated in light of the prior art. What this means is that patent examiners evaluate a claimed invention by comparing it with what in a rough sense corresponds to the set of ideas and inventions already known to the public. This is done for three reasons. First, the comparison helps to ensure that patents issue only in cases where an inventor has made a non-trivial contribution to the public's store of knowledge. Second, it protects a possible reliance interest on the part of the public since, once an invention is widely known, members of the public might …
Certainty, Fence Building, And The Useful Arts, Craig Allen Nard
Certainty, Fence Building, And The Useful Arts, Craig Allen Nard
Faculty Publications
In "Certainty, Fence Building, and the Useful Arts," 74 Ind. L.J. 759-800 (1999), the author, based upon contract theory, economic theory, and an empirical survey of federal district court judges, proposes that the United States adopt a patent opposition proceeding. Whereas United States trademark law allows for the publication of and third-party opposition to the issuance of a federal trademark, American patent law, unlike European and Asian patent systems, allows for no such proceeding regarding the patentability of a claimed invention before issuance.
Legitimacy And The Useful Arts, Craig Allen Nard
Legitimacy And The Useful Arts, Craig Allen Nard
Faculty Publications
The fundamental question this Article addresses is who should be primarily responsible for making patent validity determinations: the courts5 or the Patent and Trademark Office (“PTO”)?6 Which entity *517 would best serve the constitutional goal of promoting the progress of the useful arts?
Deference, Defiance, And Useful Arts, Craig Allen Nard
Deference, Defiance, And Useful Arts, Craig Allen Nard
Faculty Publications
My objective in this Article is to demonstrate that the PTO's patentability determinations are questions of policy and, therefore, the Federal Circuit's standards of review, as applied to these determinations, are unsound. With respect to the Commissioner's statutory interpretations, I intend to demonstrate that the court's “traditional factors of statutory construction,” which are used in such a way as to avoid deferring to the PTO, result in irrational decisions, or at the very least, an alternative theory of interpretation no more convincing than that put forth by the PTO. My principle assertion, grounded in both doctrine and policy, is that …
Reverse Engineering And The Rise Of Electronic Vigilantism: Intellectual Property Implications Of "Lock-Out" Programs, Julie E. Cohen
Reverse Engineering And The Rise Of Electronic Vigilantism: Intellectual Property Implications Of "Lock-Out" Programs, Julie E. Cohen
Georgetown Law Faculty Publications and Other Works
Over the past few years, there has been an abundance of scholarship dealing with the appropriate scope of copyright and patent protection for computer programs. This Article approaches those problems from a slightly different perspective, focusing on the discrete problem of lock-out programs. The choice of lock-out as a paradigm for exploring the interoperability question and the contours of copyright and patent protection of computer programs is informed by two considerations. First, for purposes of the interoperability inquiry, lock-out programs represent an extreme; they are discrete, self-contained modules that are highly innovative in design, yet that serve no purpose other …