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Full-Text Articles in Law
Patently Obvious: A Dual Standard Solution To The Diverging Needs Of The Information Technology And Pharmaceutical Patent Industries, Andrew Moody
Golden Gate University Law Review
This Comment proposes the use of a specifically tailored obviousness standard as a new solution to the IT and pharmaceutical patent industries' divergent needs. Part I summarizes the obviousness standard's history in patent law. Part II illustrates how the IT and pharmaceutical industries have divergent needs. Part III describes why using a single standard for the obviousness inquiry is inadequate to meet the needs of both the IT and pharmaceutical industries. Part IV illustrates why the obviousness standard needs to be specifically tailored for the IT and pharmaceutical industries. Finally, Part V concludes that a dual standard for obviousness is …
Patenting The Diagnosis Of A Disease: The Scope Of Patentable Subject Matter Based On Labcorp V. Metabolite Labs, Timothy J. Ohara
Patenting The Diagnosis Of A Disease: The Scope Of Patentable Subject Matter Based On Labcorp V. Metabolite Labs, Timothy J. Ohara
Golden Gate University Law Review
Currently, a method of diagnosing a disease can be broadly claimed in a patent. The United States Supreme Court initially granted certiorari in Metabolite Labs to decide whether the method-of-diagnosis claim was patentable. Later, the Court dismissed certiorari as improvidently granted. This Note asserts that the Court should have adjudicated the case because there is a great need to clarify what is patentable subject matter for method claims that do not entail a physical transformation of matter, particularly in view of the seeming inconsistency between Diamond v. Diehr and State Street Bank & Trust Co. v. Signature Financial Group.
Mercexchange V. Ebay: Should Newsgroup Postings Be Considered Printed Publications As A Matter Of Law In Patent Litigation?, Zhichong Gu
Golden Gate University Law Review
Part I of this Note provides a brief background concerning eBay's method of doing business, its subsequent litigation with MercExchange and the applicable patent law. Part II presents relevant facts about newsgroups and other types of internet documents. Part III discusses eBay's invalidity defense used in its case against MercExchange's patents. The legal issue - whether a newsgroup posting should be considered a printed publication within the meaning of the patent statutes - arises from eBay's invalidity defense. As it turns out, the district court's ruling on this issue in MercExchange v. eBay conflicts with the relevant policy and practice …
Human Ingenuity: A Novel Standard For Patenting Algorithms, Kenneth C. Brooks
Human Ingenuity: A Novel Standard For Patenting Algorithms, Kenneth C. Brooks
Golden Gate University Law Review
This Comment advocates that the Court afford patent protection to algorithms by adopting the standard of patentability applied in biotechnology patent law: human ingenuity. Part II describes some fundamental aspects of computer technology. Part III discusses the current state of patent law concerning patenting algorithms. Part IV demonstrates that the Court's restrictive standard of patentability is not consistent with case precedent. Part V describes how the Court's policy of precluding algorithms from patent protection subverts the patent system. Part VI explicates a standard of patentability, human ingenuity, and describes how this standard would return predictability to the patent system.
Catching Up With The Present: A Proposal For Document Delivery In The Legal Profession, William A. Fenwick, Robert R. Sachs
Catching Up With The Present: A Proposal For Document Delivery In The Legal Profession, William A. Fenwick, Robert R. Sachs
Golden Gate University Law Review
The high technology law practice. tracks the incredible pace of development in the computer industry. High tech practitioners are often instrumental in bringing new technologies to market, ensuring their protection from infringement, and structuring the relations and obligations that bring new products to the consumer. As advocates, they push for greater protection of emergent fields, either through new legislation or clearer definitions of existing law. And for all that computer law practitioners depend on technology for the lifeblood of their practice, there are numerous possibilities for increased efficiency based on this technology that are overlooked. In this article we propose …
The Doctrine Of Equivalents: Rethinking The Balance Between Equity And Predictability, Roy Collins Iii
The Doctrine Of Equivalents: Rethinking The Balance Between Equity And Predictability, Roy Collins Iii
Golden Gate University Law Review
The Court of Appeals for the Federal Circuit is justifiably credited with the restoration of the prestige and enforceability of patents. However, in recent rulings regarding the doctrine of equivalents, it has returned to a realm of uncertainty which had once characterized the law of patents. In its current application, the doctrine of equivalents as a tool of equity is subject to inconsistent standards and rationales. Such inconsistency undermines the equitable underpinnings of the doctrine,· which themselves have for some time been involved in an ideological "tug of war." The task of applying the doctrine of equivalents to determine patent …
Statutory Invention Registration: Defensive Patentability, Wendell Ray Guffey
Statutory Invention Registration: Defensive Patentability, Wendell Ray Guffey
Golden Gate University Law Review
Congress recently enacted legislation that provides for Statutory Invention Registration (SIR) as an alternative for an inventor who does not want to obtain a patent. To obtain a SIR, an inventor must file a complete application for a patent accompanied by a waiver of the rights obtained under a patent grant. This waiver of rights takes effect when the SIR is published and leaves the inventor with only defensive protection. The inventor completely loses his offensive rights, i.e., the right to exclude others from making, using, or selling the invention. In exchange for an inventor's right to exploit his invention, …
Patent Law, Patricia A. Turnage
Patent Law, Patricia A. Turnage
Golden Gate University Law Review
No abstract provided.
Patent & Copyright Law, Richard D. Harmon, Howard Klepper, Paige L. Wickland
Patent & Copyright Law, Richard D. Harmon, Howard Klepper, Paige L. Wickland
Golden Gate University Law Review
No abstract provided.
Seeds Of Dispute: Intellectual-Property Rights And Agricultural Biodiversity, Keith Aoki
Seeds Of Dispute: Intellectual-Property Rights And Agricultural Biodiversity, Keith Aoki
Golden Gate University Environmental Law Journal
This Article is about the interrelationship between expanding intellectual-property rights and the conservation of biodiversity. While these rights are not strictly correlated with conservation, the types of markets and companies producing commercial seeds and other agricultural inputs tend to promote monocultures that erode biodiversity in both the developed and developing world. Furthermore, this Article argues that the rise of genetically engineered crops in the last two decades further exacerbates both intellectual-property claims of companies owning patented seed and biodiversity, as metaphorical monoculture becomes realized with genetically engineered crops in fields where all the plants have the same genetic structure.