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Articles 31 - 60 of 87
Full-Text Articles in Law
Secret Prior Art: Does Prior Art In A Provisional Patent Application Bar Future Patents, Kyle Gottuso
Secret Prior Art: Does Prior Art In A Provisional Patent Application Bar Future Patents, Kyle Gottuso
Missouri Law Review
This Note will examine whether prior art found in a provisional patent application can (and should) act as prior art to defeat a subsequent application by a second inventor. In looking at this issue, this Note will ask if Giacomini can be reconciled with the principles and policies that underlie patent law. To do so, this Note will first review the facts and holding of Giacomini. Then this Note will survey the patent statutes, giving particular attention to those statutes that deal with priority and prior art. Next, this Note will examine the reasoning of the Giacomini court. Finally, this …
Forward: Symposium On Evolving The Court Of Appeals For The Federal Circuit And Its Patent Law Jurisprudence, Dennis D. Crouch
Forward: Symposium On Evolving The Court Of Appeals For The Federal Circuit And Its Patent Law Jurisprudence, Dennis D. Crouch
Missouri Law Review
As I discuss below, conditions on the ground have changed in the few short months following the Symposium. Congress has now acted, and the Patent Office will soon have additional authority. These changes play directly into the arguments of our Symposium authors and make their results even more important.
Ongoing Confusion Over Ongoing Royalties, The, Mark A. Lemley
Ongoing Confusion Over Ongoing Royalties, The, Mark A. Lemley
Missouri Law Review
In eBay Inc. v. MercExchange, L.L.C., the United States Supreme Court correctly concluded that courts had both the power and the responsibility to decide whether a successful patent owner needed injunctive relief and whether the imposition of that relief would unduly harm either the defendant or the public. The Court's application of the traditional four-factor equity test led, for the first time, to a significant number of cases in which courts found patent infringement but refused to enjoin continued infringement. That, in turn, has raised the question "what happens then?" As a matter of policy, the basic answer seems clear: …
Promoting The Progress: Three Decades Of Patent Jurisprudence In The Court Of Appeals For The Federal Circuit, Damon C. Andrews
Promoting The Progress: Three Decades Of Patent Jurisprudence In The Court Of Appeals For The Federal Circuit, Damon C. Andrews
Missouri Law Review
In the nearly thirty years since the Federal Circuit's first published decision, the court has decided numerous cases that have produced a rich patent jurisprudence. This Article seeks to evaluate that jurisprudence from several perspectives. Part II summarizes the Federal Circuit's patent history in terms of the court's judges, the external factors that have shaped its patent jurisprudence, and the overall success of the court in light of Congress's intent. Part III then evaluates the Federal Circuit's general stance on whether to uphold the PTO's grant or denial of a patent, or a district court's decision to invalidate a patent, …
Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan Vacca
Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan Vacca
Missouri Law Review
Part II of this Article describes the Federal Circuit's en banc practices since its creation in 1982, focusing on how the Federal Circuit compares to the other federal appellate courts in terms of the frequency of en banc decisions, how the Federal Circuit orders cases to be heard en banc, the number and scope of the questions presented for en banc consideration, and the use of amici curiae in the briefing stages of the case. Part III examines the Federal Circuit's en banc practices in light of how administrative agencies engage in substantive rulemaking under the APA and suggests that …
Differentiating The Federal Circuit, Elizabeth I. Winston
Differentiating The Federal Circuit, Elizabeth I. Winston
Missouri Law Review
In 1982, Congress created the United States Court of Appeals for the Federal Circuit. Often referred to as an experiment, the Federal Circuit has flourished Born again from the ashes of its predecessors, the aptly nicknamed Phoenix Court continues to grow in significance, stature, and strength. As it grows, however, the court remains rooted in its history and in its unique nature. This Article explores the Federal Circuit's structure and its impact on the development of Federal Circuit jurisprudence. The Federal Circuit is distinguishable by more than its national jurisdiction - the very essence of the court sets it apart …
Patent Law's Unpredictability Doctrine And The Software Arts, Greg R. Vetter
Patent Law's Unpredictability Doctrine And The Software Arts, Greg R. Vetter
Missouri Law Review
Part II reviews these insights from the Norden model generally. Part III brings these insights to the disclosure doctrines for software patents, with particular emphasis on the unpredictability factor for undue experimentation within enablement. The model corresponds well with enablement and best mode but does not correspond as well with other disclosure-prompting doctrines whose role is related to defining the claim. Thus, the review in Part III of written description, definiteness, and means-plus-function (§ 112 T 6) claim limitations helps establish the contours of applicability for the Norden model. The discussion of Part III also reviews the current state of …
Minimizing Confrontation: The Eighth Circuit Uses Crawford Avoid Bruton For Non-Testimonial Statements, Samuel Buffaloe
Minimizing Confrontation: The Eighth Circuit Uses Crawford Avoid Bruton For Non-Testimonial Statements, Samuel Buffaloe
Missouri Law Review
Outside of the Bruton context, this Note also examines the implications of defining "testimonial" statements entirely from the point of view of the speaker as the Eighth Circuit did in Dale. This Note will argue that to ignore the motives of the examiner encourages the police to use unethical and deceptive interrogation techniques. This Note additionally argues that applying Bruton only to testimonial statements ignores Bruton's Due Process concerns in that it allows juries to do what the Supreme Court considers to be an "impossible" task. Finally, this Note questions whether, after Crawford, any remaining constitutional limits remain on the …
Unconditional Acceptance: The Supreme Court Of Missouri's Interpretation Of Missouri Revised Statutes Section 167.131, Missy Mccoy
Unconditional Acceptance: The Supreme Court Of Missouri's Interpretation Of Missouri Revised Statutes Section 167.131, Missy Mccoy
Missouri Law Review
The unaccredited St. Louis Public School District had an average daily attendance of approximately 23,550 students in 2009, more than ten times the average attendance of the neighboring Clayton School District. In Turner v. School District of Clayton, the Supreme Court of Missouri faced the novel issue of interpreting Missouri Revised Statues section 167.131 as it related to children who resided in the currently unaccredited St. Louis Public School District but wished to attend schools in the accredited Clayton School District. After determining that the unaccredited district was responsible for the tuition of students who attended accredited schools, the majority …
Shooting Suspect's Release Revives The Right To A Speedy Trial In Missouri, A, Clayton Thompson
Shooting Suspect's Release Revives The Right To A Speedy Trial In Missouri, A, Clayton Thompson
Missouri Law Review
This Note will examine the history of the Sixth Amendment's speedy trial clause, highlighting its development within the last twenty years. It will attempt to explain the rationale behind the court's decision to dismiss the indictment of a possibly violent criminal. It will take the position that in future cases where the government is to blame for an unusually slow prosecution, the outcome of this case must be repeated to maintain the integrity of the right to a speedy trial and our criminal justice system.
Crafting A 21st Century United States Patent And Trademark Office, David Kappos
Crafting A 21st Century United States Patent And Trademark Office, David Kappos
Missouri Law Review
Good morning. It is a privilege to be here representing the United States Patent and Trademark Office (USPTO). I want to thank the Missouri Law Review for the invitation and for hosting me here today. Moreover, I want to commend the University of Missouri for convening this important conference. These are critical topics, and today I want to focus on the key role the USPTO will play in shaping patent protections in the future. But let me first congratulate the members from the Federal Circuit who are present today for thirty years of excellence in addressing the most fundamental of …
Pleading Panic: Pure Emotional Damages As Sickness Or Disease For Bodily Injury Claims, Joseph N. Blumberg
Pleading Panic: Pure Emotional Damages As Sickness Or Disease For Bodily Injury Claims, Joseph N. Blumberg
Missouri Law Review
On the surface, Derousse v. State Farm Mutual Automobile Insurance. Co. may be a relatively minor matter of statutory interpretation: Does Missouri insurance law require coverage for pure emotional distress caused by uninsured motorists? In answering the question, however, the court's generous rules of interpretation signal its recent willingness to expand recovery for emotional distress claims. Traditionally, Missouri took a conservative approach to allowing emotional damages in tort claims. Derousse is a stark example that the old regime is a relic.
Unpredictability In Patent Law And Its Effect On Pharmaceutical Innovation, Christopher M. Holman
Unpredictability In Patent Law And Its Effect On Pharmaceutical Innovation, Christopher M. Holman
Missouri Law Review
Part II of this Article summarizes the current R&D crisis confronting the pharmaceutical industry and the accompanying drop-off in innovative output from this important technological sector. Part III explains Mr. Armitage's "view from industry," which attributes a significant causative effect to unpredictability in the patent system. Part IV provides two Lilly case studies involving generic challenges to two of the company's important drugs, Gemzar and Strattera, in which the company has suffered as a result of this unpredictability. Part V identifies three distinct forms of unpredictability in patent law: unpredictability caused by the proliferation of loosely defined standards rather than …
Table Of Contents
Journal of Environmental and Sustainability Law
No abstract provided.
In Closing The Door To Environmental Public Nuisance Claims, Did The Fourth Circuit Leave A Window Cracked? North Carolina Ex Rel. Cooper V. Tennessee Valley Authority, Katherine E. Vogt
In Closing The Door To Environmental Public Nuisance Claims, Did The Fourth Circuit Leave A Window Cracked? North Carolina Ex Rel. Cooper V. Tennessee Valley Authority, Katherine E. Vogt
Journal of Environmental and Sustainability Law
No abstract provided.
What's In A Label? Fifra Regulations And The Preemption Of State Tort Claims Of Label Misrepresentation. Indian Brand Farms, Inc. V. Novartis Crop Protection, Inc., Kristin R. Michael
What's In A Label? Fifra Regulations And The Preemption Of State Tort Claims Of Label Misrepresentation. Indian Brand Farms, Inc. V. Novartis Crop Protection, Inc., Kristin R. Michael
Journal of Environmental and Sustainability Law
No abstract provided.
Assessing The Risks And Benefits Of Hydraulic Fracturing , Jesica Rivero Gilbert
Assessing The Risks And Benefits Of Hydraulic Fracturing , Jesica Rivero Gilbert
Journal of Environmental and Sustainability Law
No abstract provided.
Stop The Beach Renourishment: Why Judicial Takings May Have Meant Taking A Little Too Much. Stop The Beach Renourishment, Inc. V. Florida Department Of Environmental Protection, Rachel S. Meystedt
Stop The Beach Renourishment: Why Judicial Takings May Have Meant Taking A Little Too Much. Stop The Beach Renourishment, Inc. V. Florida Department Of Environmental Protection, Rachel S. Meystedt
Journal of Environmental and Sustainability Law
No abstract provided.
Attempting To (De)Regulate Genetically Modified Crops: The Supreme Court Overrules The Injunction Denying Deregulation Of Roundup Ready Alfafa. Monsanto V. Geertson Seed Farms, Christine K. Lesicko
Attempting To (De)Regulate Genetically Modified Crops: The Supreme Court Overrules The Injunction Denying Deregulation Of Roundup Ready Alfafa. Monsanto V. Geertson Seed Farms, Christine K. Lesicko
Journal of Environmental and Sustainability Law
No abstract provided.
The Nile Basin Cooperative Framework Agreement: The Beginning Of The End Of Egyptian Hydro-Political Hegemony, Abadir M. Ibrahim
The Nile Basin Cooperative Framework Agreement: The Beginning Of The End Of Egyptian Hydro-Political Hegemony, Abadir M. Ibrahim
Journal of Environmental and Sustainability Law
No abstract provided.
A Challenge For Federalism: Achieving National Goals In The Electricity Industry, Ari Peskoe
A Challenge For Federalism: Achieving National Goals In The Electricity Industry, Ari Peskoe
Journal of Environmental and Sustainability Law
No abstract provided.
Environmental Law Updates
Journal of Environmental and Sustainability Law
No abstract provided.
Keeping Pace: Federal Mortgage Lenders Halt Local Clean Energy Programs, Ian M. Larson
Keeping Pace: Federal Mortgage Lenders Halt Local Clean Energy Programs, Ian M. Larson
Missouri Law Review
This Law Summary analyzes and comments upon the legal arguments put forth by supporters and critics of PACE liens in the wake of the July 2010 disputes. Part H discusses the origins of PACE in 2008 and its rapid expansion across the United States, paying particular attention to the passage of PACE legislation in Missouri. Part III analyzes the escalating dispute between PACE supporters and the federal mortgage lenders who oppose it, commenting upon the legal arguments articulated by both sides. Part IV proposes a resolution to the conflict that provides a more secure position for federal mortgage groups while …
Qualifying For The Title Vii Religious Organization Exemption: Federal Circuits Split Over Proper Test, Roger W. Dyer Jr.
Qualifying For The Title Vii Religious Organization Exemption: Federal Circuits Split Over Proper Test, Roger W. Dyer Jr.
Missouri Law Review
While the United States Supreme Court has upheld the constitutionality of a law permitting religious organizations to exercise a religious preference when making employment decisions, courts remain at odds over the proper test for determining whether an organization is "religious." This conflict highlights the tension between Title VII of the Civil Rights Act and the First Amendment's religion clauses. When Congress passed Title VII, it took the first step toward its goal of "eliminat[ing] all forms of unjustified discrimination in employment." Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. Title VII generally …
Missouri Revised Statutes Section 490.715: A Toothless Attempt To Limit The Recovery Of Medical Expense Write-Offs, Alexander Cornwell
Missouri Revised Statutes Section 490.715: A Toothless Attempt To Limit The Recovery Of Medical Expense Write-Offs, Alexander Cornwell
Missouri Law Review
This Article focuses objectively on whether the decision to limit the application of the collateral source rule in Missouri is in accord with modem trends and whether Missouri courts' recent interpretation of section 490.715 is consistent with the legislature's original intent. Part 1I reviews the history of the collateral source doctrine and the justifications supporting its retention. In Part IlI, this Article outlines the Missouri legislature's decision to modify the rule and analyzes subsequent court decisions applying section 490.715. In response to the recent legislative and judicial activity, Part IV concludes that modification of the collateral source doctrine was warranted …
Invisible Refugee: Examining The Board Of Immigration Appeals' Social Visibility Doctrine, The, Melissa J. Hernandez Pimentel
Invisible Refugee: Examining The Board Of Immigration Appeals' Social Visibility Doctrine, The, Melissa J. Hernandez Pimentel
Missouri Law Review
This Law Summary first focuses on the development of the various approaches by the U.S. immigration court system in defining the term particular social group. Second, it discusses the cryptic evolution of the social visibility doctrine. Finally, it will explore how the conflicting applications of the social visibility doctrine among the U.S. courts of appeals have resulted in potentially unpredictable outcomes for those seeking protection in the United States, and it will suggest that a clarification of the social visibility doctrine by either the BIA or Supreme Court would alleviate the conflict.
Distinguishing Judges: An Empirical Ranking Of Judicial Quality In The United States Court Of Appeals, Robert Anderson
Distinguishing Judges: An Empirical Ranking Of Judicial Quality In The United States Court Of Appeals, Robert Anderson
Missouri Law Review
This Article presents an empirical performance ranking of 383 federal appellate judges who served on the United States Courts of Appeals between 1960 and 2008. Like existing judge evaluation studies, this Article uses citations from judicial opinions to assess judicial quality. Unlike existing citation studies, which treat positive and negative citations alike, this Article ranks judges according to the mix of positive and negative citations to the opinions, rather than the number of citations to those opinions. By distinguishing between positive and negative citations, this approach avoids ranking judges higher for citations even when the judges are being cited negatively. …
Anti-Bribery Legislation In The United States And United Kingdom: A Comparative Analysis Of Scope And Sentencing, Margaret Ryznor, Samer Korkor
Anti-Bribery Legislation In The United States And United Kingdom: A Comparative Analysis Of Scope And Sentencing, Margaret Ryznor, Samer Korkor
Missouri Law Review
Lawmakers and prosecutors continue to take aim at a major subset of global corruption - corporate bribery of foreign government officials. Specifically, while the enforcement of the Foreign Corrupt Practices Act in the United States has risen to new records, the United Kingdom has revolutionized its anti-bribery law following global criticism of its previously relaxed legal regime. Both U.S. and U.K. anti-bribery laws, furthermore, apply extraterritorially and have the capability to entangle even the largest multinational companies in their legal frameworks. These all-encompassing frameworks hold significant consequences for both corporations and their employees, but the increasing power of anti-bribery law …