Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- File Type
Articles 1 - 8 of 8
Full-Text Articles in Law
Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence And Intellectual Property Federalism, Shubha Ghosh
Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence And Intellectual Property Federalism, Shubha Ghosh
Shubha Ghosh
The Federal Circuit was established in 1982 as an appellate court with limited jurisdiction over patent claims. However, the Federal Circuit has used this limited jurisdiction to expand its reach into contract law, developing a federal common law of contract. Given the growing importance of patent litigation in the past three decades, this creation of an independent body of contract law creates uncertainty in transactions involving patents. This troublesome development received attention in Stanford v Roche, a 2011 Supreme Court decision upholding the Federal Circuit's invalidation of a patent assignment to Stanford University. This Article documents the development of …
Informing And Reforming The Marketplace Of Ideas; The Public-Private Model For Data Production And The First Amendment, Shubha Ghosh
Informing And Reforming The Marketplace Of Ideas; The Public-Private Model For Data Production And The First Amendment, Shubha Ghosh
Shubha Ghosh
In 2011, the Supreme Court held that the First Amendment applied to the commercialization data in Sorrell v. IMS. While the case at issue dealt with state regulation of pharmacy data, the Court’s holding extends to regulation of data in many contexts from government created databases to search engines and social media sites. This Article contains a critique of the decision, emphasizing that the majority and dissent take polar opposite positions without adequately addressing the normative foundations for data regulation and the institutional arrangements within which such regulation occurs. The critique provides a normative framework for the free flow of …
Transparent And Commercialized?: Managing The Public-Private Model For Data Production And Use, Shubha Ghosh
Transparent And Commercialized?: Managing The Public-Private Model For Data Production And Use, Shubha Ghosh
Shubha Ghosh
This Article examines the relationship between two trends: the move towards transparency in government data and information and the increasing commercialization of data through social network and other sites. The author presents a normative framework for reconciling these two trends, analyzes the legal implications of this normative framework, and examines three case studies: the private use of government real estate assessment records, the creation of websites like data.gov, and governmental protection of databases. The Article concludes with a proposal for an open source licensing model for data and information.
Open Borders, Intellectual Property, & Federal Criminal Trade Secret Law, Shubha Ghosh
Open Borders, Intellectual Property, & Federal Criminal Trade Secret Law, Shubha Ghosh
Shubha Ghosh
Many scholars have demonstrated that labor mobility between firms has lead to the economic success of Silicon Valley. California’s policy against enforcing covenants not to compete has been shown to provide the legal infrastructure for high labor mobility. Does the argument extend to mobility of skilled labor across national borders? This Article addresses that question in the context of the Economic Espionage Act of 1996, the first federal criminal trade secret law in the United States. By analyzing the scholarly literature and the case law under the Act, the author presents a theoretical framework for assessing the Act based on …
Analysis Of The Ksr's Ruling On Electronics Patents, Shubha Ghosh, Li Li
Analysis Of The Ksr's Ruling On Electronics Patents, Shubha Ghosh, Li Li
Shubha Ghosh
This article examines the impact of the Supreme Court’s ruling in KSR v. Teleflex on electronics patents as well as patent portfolios. By analyzing several subsequent cases regarding electronic patents, the article articulates the basic principle of non-obviousness in electronic patents. Applying the principle into the analysis of a hypothetical, the analysis predicts that many issued patents having combination of prior art under the TSM test may not pass the high hurdle of non-obviousness under the KSR ruling. Furthermore, the paper extends the KSR ruling to the value assessment of a patent portfolio. At last, the article proposes a tentative …
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory, And Future, Shubha Ghosh, Jing Brad Luo
Protection And Enforcement Of Well-Known Mark Rights In China: History, Theory, And Future, Shubha Ghosh, Jing Brad Luo
Shubha Ghosh
Contrary to the popular notion that China does not have strong protection for international well-known marks, China does in fact has in place an institutional structure for the protection of well-known marks. This institutional structure evolved over the last few decades as China gradually opened itself up to the rest of the world, which evolution reflects and corresponds to the international and domestic forces underlying the gradual development of the Chinese trademark law. This institutional structure, in its current form, promises a wide range of remedies to rights holders in case of infringement. Despite laudable progress wrought in by this …
Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh
Race-Specific Patents, Commercialization, And Intellectual Property Policy, Shubha Ghosh
Shubha Ghosh
This Article examines the phenomenon of “race-specific patents,” defined as patented inventions for which the claims or the disclosure is written using racial categories. Inspired by the grant of a patent in 2002 for a hypertension drug whose claims limited use to “black patients,” the study begins by documenting race-specific patents in several areas, including patents for pharmaceuticals, cosmetics, toys, and devices for determining personal identity. After cataloguing the nearly seven hundred patents that were discovered, the author presents an analysis of the use of racial categories in patent law that focuses on both the normative bases for intellectual property …
Race Specific Patents, Commercialization, & Intellectual Property Policy, Shubha Ghosh
Race Specific Patents, Commercialization, & Intellectual Property Policy, Shubha Ghosh
Shubha Ghosh
This Article examines the phenomenon of “race specific patents,” defined as patented inventions for which the claims or the disclosure is written using racial categories. Motivated by the grant of a patent in 2002 to a hypertension drug designed for used by “black patients,” as expressly stated in the patent claims, the study looks at race specific patents in several areas, including patents for pharmaceuticals, cosmetics, toys, and devices for determining personal identity. After cataloguing the over thousand patents that were discovered, the author presents an analysis of the use of racial categories in patent law that focuses on both …