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- Patent; Section 101; subject matter eligibility; subject matter eligibility guidance; 2019 guidance; natural phenomena; judicial exceptions; abstract ideas; laws of nature (1)
- Torts; products liability; Amazon; product defect; seller; Oberdorf; strict liability; third-party merchant; consumer protection (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Who Sells? Testing Amazon.Com For Product Defect Liability In Pennsylvania And Beyond, Aaron Doyer
Who Sells? Testing Amazon.Com For Product Defect Liability In Pennsylvania And Beyond, Aaron Doyer
Journal of Law and Policy
Pennsylvania, like other states, has struggled over the past few decades to apply the policy principles of product defect law—a tort characterized by strict liability. Because strict liability bypasses the traditional requirement in tort that a plaintiff prove the defendant’s negligence, and instead requires only a showing that the plaintiff was injured by a product sold in a defective condition, these inquiries raise a deceptively simple question: who sells? Recently, in a landmark case in Pennsylvania, the Third Circuit made waves by declaring Amazon.com, an enormous online marketplace, the legal “seller” of a product shipped and sold by a vendor …
A Logical And Lawful Application Of § 101 Jurisprudence: The Uspto’S 2019 Subject Matter Eligibility Guidance, Dustin Luettgen
A Logical And Lawful Application Of § 101 Jurisprudence: The Uspto’S 2019 Subject Matter Eligibility Guidance, Dustin Luettgen
Journal of Law and Policy
In recent years, 35 U.S.C. § 101 has been a topic of great concern within the patent bar due to uncertainty surrounding the patentability of inventions drawn to the three judicial exceptions to patent-eligible subject matter: abstract ideas, natural phenomena, and laws of nature. In response to this lingering uncertainty and in an effort to provide for the lawful and consistent application of patent law, the United States Patent and Trademark Office released guidance as to the subject matter eligibility of claims drawn to judicial exceptions. This Article provides a review of § 101 jurisprudence, summarizes the USPTO Guidance, and …