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Full-Text Articles in Law

Do Abstract Ideas Have The Need, The Need For Speed?: An Examination Of Abstract Ideas After Alice, Maria R. Sinatra Nov 2015

Do Abstract Ideas Have The Need, The Need For Speed?: An Examination Of Abstract Ideas After Alice, Maria R. Sinatra

Fordham Law Review

Imagine you invented a way to perform mathematical calculations all over the world simultaneously. Now, imagine that you cannot patent your invention because it was compared to, and found to contain, the same idea as an abacus. This scenario was the outcome of Alice Corp. v. CLS Bank International.

In coming to its decision in Alice, the U.S. Supreme Court adopted a two-part test that it had previously utilized to analyze the patentability of laws of nature to determine whether the patent at issue met the subject matter patentability standards of § 101 of the Patent Act. Determining …


Defining Patent Quality, Christi J. Guerrini May 2014

Defining Patent Quality, Christi J. Guerrini

Fordham Law Review

Depending on whom you ask, the state of U.S. patent quality is either dismal or decent, in decline or on the upswing, in need of intervention or best left alone. Absent from the ongoing debate about the quality of U.S. patents, however, is much thoughtful discussion about what constitutes a patent’ “quality” in the first place. What features of a patent make it “good” in quality, what features make it “bad” in quality, and whose opinion matters? Surprisingly, scholars and policymakers have shown little interest in these questions. Yet their answers are critical to the direction of the patent agenda …


Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui Jan 2010

Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui

Fordham Law Review

In a 2006 decision, eBay Inc. v. MercExchange, L.L.C., the U.S. Supreme Court held that traditional equitable factors apply to injunctions in patent and copyright cases, and therefore the mere fact that a defendant has infringed a patent or a copyright does not necessarily mean a final injunction must issue. In the three years since, lower courts have denied final injunctions more frequently than before and are now struggling with what relief, if any, to give prevailing plaintiffs in lieu of an injunction. Some courts permit plaintiffs to sue again later. But most award prospective relief to plaintiffs¾sometimes a lump-sum …


Lightening The Load: Whether The Burden Of Proof For Overcoming A Patent's Presumption Of Validity Should Be Lowered, Kristen Dietly Jan 2010

Lightening The Load: Whether The Burden Of Proof For Overcoming A Patent's Presumption Of Validity Should Be Lowered, Kristen Dietly

Fordham Law Review

Patents fuel innovation and are becoming an ever-more important form of protection in this technological age. Society also has a vested interest in only valid patents being issued and enforced. Patents are presumed valid once they are issued and also currently enjoy the application of a heavy burden of proof—clear and convincing evidence—to overcome that presumption when their validity is questioned at trial. This burden has started to be questioned as the U.S. Patent and Trademark Office becomes more taxed by the increasing influx of patent applications. Current precedent conflicts with past precedent and with general principles of administrative law. …


Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter Jan 2009

Commercial Free And Open Source Software: Knowledge Production, Hybrid Appropriability, And Patents, Greg R. Vetter

Fordham Law Review

No abstract provided.


Pto Rulemaking In The Twenty-First Century: Defining The Line Between Strategic Planning And Abuse Of Authority, Brian E. Mack Jan 2007

Pto Rulemaking In The Twenty-First Century: Defining The Line Between Strategic Planning And Abuse Of Authority, Brian E. Mack

Fordham Law Review

No abstract provided.


The Preclusive Effect Of State Court Adjudication Of Patent Issues And The Federal Courts' Choice Of Preclusion Laws, Dutch D. Chung Jan 2000

The Preclusive Effect Of State Court Adjudication Of Patent Issues And The Federal Courts' Choice Of Preclusion Laws, Dutch D. Chung

Fordham Law Review

No abstract provided.


Indigenous Self-Determination In An Age Of Genetic Patenting: Recognizing An Emerging Human Rights Norm, Kara H. Ching Jan 1997

Indigenous Self-Determination In An Age Of Genetic Patenting: Recognizing An Emerging Human Rights Norm, Kara H. Ching

Fordham Law Review

No abstract provided.


Patent Law, John G. Costa Jan 1995

Patent Law, John G. Costa

Fordham Law Review

No abstract provided.


Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise Jan 1995

Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise

Fordham Law Review

No abstract provided.


Patent Contempt Proceedings After Ksm: Has The Federal Circuit Infringed Patentees' Rights?, Ohn E. Ii Tsavaris Jan 1986

Patent Contempt Proceedings After Ksm: Has The Federal Circuit Infringed Patentees' Rights?, Ohn E. Ii Tsavaris

Fordham Law Review

No abstract provided.


Microorganisms And The Patent Office: To Deposit Or Not To Deposit, That Is The Question, John Edward Schneider Jan 1984

Microorganisms And The Patent Office: To Deposit Or Not To Deposit, That Is The Question, John Edward Schneider

Fordham Law Review

No abstract provided.


United States Antitrust Laws And International Transfers Of Technology--The Government View, Joel Davidow Jan 1975

United States Antitrust Laws And International Transfers Of Technology--The Government View, Joel Davidow

Fordham Law Review

No abstract provided.


Commercial Success As Evidence Of Patentability, Spencer H. Boyer Jan 1969

Commercial Success As Evidence Of Patentability, Spencer H. Boyer

Fordham Law Review

No abstract provided.


Recent Decisions Jan 1946

Recent Decisions

Fordham Law Review

No abstract provided.


Recent Decisions Jan 1945

Recent Decisions

Fordham Law Review

No abstract provided.


Anti-Trust Cases Affecting The Distribution Of Motion Pictures, William F. Whitman Jan 1938

Anti-Trust Cases Affecting The Distribution Of Motion Pictures, William F. Whitman

Fordham Law Review

No abstract provided.