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Full-Text Articles in Law
Unnecessary Indeterminacy: Process Patent Protection After Kinik V. Itc, John M. Eden
Unnecessary Indeterminacy: Process Patent Protection After Kinik V. Itc, John M. Eden
Duke Law & Technology Review
In Kinik v. International Trade Commission, the U.S. Court of Appeals for the Federal Circuit suggested in dicta that the defenses available to foreign manufacturers in infringement actions under 35 U.S.C. § 271(g) in Federal district courts do not apply to exclusion actions before the International Trade Commission. This iBrief argues that this decision is problematic for three reasons: (1) the Federal Circuit’s decision is inconsistent with the ITC’s longstanding tradition of consulting the patent statute when adjudicating exclusion actions under 19 U.S.C. § 1337, (2) the court’s suggestion that the ITC should be given broad discretion to resolve conflicts …
Patent Misuse In Patent Pool Licensing: From National Harrow To “The Nine No-Nos” To Not Likely, Daniel P. Homiller
Patent Misuse In Patent Pool Licensing: From National Harrow To “The Nine No-Nos” To Not Likely, Daniel P. Homiller
Duke Law & Technology Review
Courts and the Justice Department’s Antitrust division have become increasingly tolerant of patent licensing practices that were previously viewed with suspicion. This trend has put pressure on the doctrine of patent misuse, which arose in the 1940s as a doctrine distinct from, but closely related to, standard antitrust analysis. The U.S. Court of Appeals for the Federal Circuit recently overturned an International Trade Commission order that held unenforceable, on the grounds of patent misuse, six patents licensed as a package by U.S. Philips Corporation. The Federal Circuit’s decision raises the question of just how much remains of the doctrine of …
Barriers To Innovation: Intellectual Property Transaction Costs In Scientific Collaboration, Megan Ristau Baca
Barriers To Innovation: Intellectual Property Transaction Costs In Scientific Collaboration, Megan Ristau Baca
Duke Law & Technology Review
The institution of university science research has evolved over the past century, from one of open science and free information to one of competition and jealously guarded intellectual property rights. This iBrief analyzes the background factors driving the evolution of the institution of science, evaluates the net effects on the progress of science, and considers potential short-term solutions to alleviate the legal transaction costs necessary for scientific collaboration.