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Full-Text Articles in Law

Wearables And Where They Stick: Finding A Place For Tech Tattoos In The Ip Framework, Emily A. Mccutcheon Dec 2018

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 Dec 2018

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 Nov 2018

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 Oct 2018

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 Oct 2018

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 Oct 2018

Getting Patent Preemption Right, Camilla A. Hrdy

Journal of Intellectual Property Law

No abstract provided.


Patent Prior Art And Possession, Timothy R. Holbrook Oct 2018

Patent Prior Art And Possession, Timothy R. Holbrook

William & Mary Law Review

Prior art in patent law defines the set of materials that the United States Patent and Trademark Office (USPTO) and courts use to determine whether the invention claimed in a patent is new and nonobvious. One would think that, as a central, crucial component of patent law, prior art would be thoroughly theorized and doctrinally coherent. Nothing could be further from the truth. The prior art provisions represent an ad hoc codification of various policies and doctrines that arose in the courts.

This Article provides coherency to this morass. It posits a prior art system that draws upon property law’s …


Teva And The Process Of Claim Construction, Lee Petherbridge Ph.D., R. Polk Wagner Jan 2018

Teva And The Process Of Claim Construction, Lee Petherbridge Ph.D., R. Polk Wagner

All Faculty Scholarship

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court addressed an oft-discussed jurisprudential disconnect between itself and the U.S. Court of Appeals for the Federal Circuit: whether patent claim construction was “legal” or “factual” in nature, and how much deference is due to district court decisionmaking in this area. In this Article, we closely examine the Teva opinion and situate it within modern claim construction jurisprudence. Our thesis is that the Teva holding is likely to have only very modest effects on the incidence of deference to district court claim construction but that for unexpected reasons the …