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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
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
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
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
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
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
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
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
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
Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise
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
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
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
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
Commercial Success As Evidence Of Patentability, Spencer H. Boyer
Fordham Law Review
No abstract provided.
Anti-Trust Cases Affecting The Distribution Of Motion Pictures, William F. Whitman
Anti-Trust Cases Affecting The Distribution Of Motion Pictures, William F. Whitman
Fordham Law Review
No abstract provided.