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Articles 1 - 30 of 76
Full-Text Articles in Law
Access To Covid-19 Vaccines, Patent Rights, And The Trips Agreement, Emmanuel Oke
Access To Covid-19 Vaccines, Patent Rights, And The Trips Agreement, Emmanuel Oke
Maryland Journal of International Law
No abstract provided.
Recalibrating Patent Venue, Colleen V. Chien, Michael Risch
Recalibrating Patent Venue, Colleen V. Chien, Michael Risch
Maryland Law Review
For most of patent law’s 200-plus year history, patent holders could sue only in the district inhabited by the defendant. In 1990, the United States Court of Appeals for the Federal Circuit decided that the scope of permissible venue extended to all districts with personal jurisdiction over the defendant. In recent years, patentees have flocked to certain districts, fueling the widespread perception that patentees, particularly those that do not practice their patents, called non-practicing entities (“NPEs”), are abusing forum. Responsive to these concerns, Congress and the courts have moved to reinstate a more restrictive rule, culminating in the Supreme Court’s …
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
The Intellectual Property Hostage In Trade Retaliation, Sarah R. Wasserman Rajec
Maryland Law Review
Intellectual property law has become bound up in a debate about appropriate remedies for violations of the World Trade Organization Agreement. As an alternative to traditional countermeasures that consist of retaliation under the violated agreement, the World Trade Organization “(WTO”) contemplates that violations of one of its covered agreements may be remedied through “cross-retaliation,” or retaliation under another agreement. One form of cross-retaliation has garnered interest in recent years: the threat to suspend intellectual property rights in response to unrelated trade violations.
Cross-retaliation through intellectual property rights suspension is theoretically appealing for its potential to avoid problems inherent in traditional …
Meet The Patents: Fostering Innovation And Reducing Costs By Opening Patent Portfolios, Sean D. Harding
Meet The Patents: Fostering Innovation And Reducing Costs By Opening Patent Portfolios, Sean D. Harding
Journal of Business & Technology Law
No abstract provided.
Enabling Patentless Innovation, Clark D. Asay
Enabling Patentless Innovation, Clark D. Asay
Maryland Law Review
No abstract provided.
Association For Molecular Pathology V. Myriad Genetics, Inc.: Progress By Principles, Emily J. Bolyard
Association For Molecular Pathology V. Myriad Genetics, Inc.: Progress By Principles, Emily J. Bolyard
Journal of Health Care Law and Policy
In Association for Molecular Pathology v. Myriad Genetics, Inc., the Supreme Court considered whether human genes are patentable under the Patent Act of 1952. Originally enacted in 1790, the Act allows patents to be granted on any new and useful process, machine, manufacture, or composition of matter, barring a judicially created exception for laws of nature, natural phenomena, and abstract ideas. These three naturally occurring things are nonpatentable because they create the foundation of scientific and technological work. In Myriad, the Court unanimously held that isolated DNA is nonpatentable, since such DNA is naturally occurring phenomena under the …
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Journal of Business & Technology Law
No abstract provided.
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
Journal of Business & Technology Law
No abstract provided.
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journal of Business & Technology Law
No abstract provided.
Myspace, Inc. V. Graphon Corp.: Ignoring The Basic Premise That 101 Must Come Before 102 And 103, Emmanuel A. Fishelman
Myspace, Inc. V. Graphon Corp.: Ignoring The Basic Premise That 101 Must Come Before 102 And 103, Emmanuel A. Fishelman
Journal of Business & Technology Law
No abstract provided.
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Maryland Law Review
No abstract provided.
Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski
Copyright Crime And Punishment: The First Amendment's Proportionality Problem, Margot Kaminski
Maryland Law Review
No abstract provided.
Harmonizing All Around The World: Re-Evaluating The Copyright And Treaty Powers In The Post-Golan Era, Derrick Wang
Harmonizing All Around The World: Re-Evaluating The Copyright And Treaty Powers In The Post-Golan Era, Derrick Wang
Maryland Journal of International Law
No abstract provided.
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor
Journal of Business & Technology Law
No abstract provided.
The Impact Of Local Patent Rules On Rate And Timing Of Case Resolution Relative To Claim Construction: An Empirical Study Of The Past Decade, Pauline M. Pelletier
The Impact Of Local Patent Rules On Rate And Timing Of Case Resolution Relative To Claim Construction: An Empirical Study Of The Past Decade, Pauline M. Pelletier
Journal of Business & Technology Law
No abstract provided.
The Emperor's New Clothes: Intellectual Property Protections In China, Patricia E. Campbell, Michael Pecht
The Emperor's New Clothes: Intellectual Property Protections In China, Patricia E. Campbell, Michael Pecht
Journal of Business & Technology Law
No abstract provided.
Curbing Consumer Complicity For Counterfeits In A Digital Environment, Peggy E. Chaudhry
Curbing Consumer Complicity For Counterfeits In A Digital Environment, Peggy E. Chaudhry
Journal of Business & Technology Law
No abstract provided.
Better Mousetraps: Licensing, Access, And Innovation In The New Music Marketplace, Casey Rae-Hunter
Better Mousetraps: Licensing, Access, And Innovation In The New Music Marketplace, Casey Rae-Hunter
Journal of Business & Technology Law
No abstract provided.
"No Inventions, No Innovations": Reassessing The Government's Antitrust Case Against United States Steel Corporation, Guy B. Maseritz
"No Inventions, No Innovations": Reassessing The Government's Antitrust Case Against United States Steel Corporation, Guy B. Maseritz
Journal of Business & Technology Law
No abstract provided.
Princo Corp. V. Int'l Trade Comm'n: Patent Misuse No Longer A Deterrent To Anticompetitive Behavior In The Group Venture Context, Brian D. Hill
Princo Corp. V. Int'l Trade Comm'n: Patent Misuse No Longer A Deterrent To Anticompetitive Behavior In The Group Venture Context, Brian D. Hill
Journal of Business & Technology Law
No abstract provided.
Lessons From Pfizer's Disputes Over Its Viagra Trademark In China, Daniel Chow
Lessons From Pfizer's Disputes Over Its Viagra Trademark In China, Daniel Chow
Maryland Journal of International Law
No abstract provided.
Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung
Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung
Journal of Business & Technology Law
No abstract provided.
Implementation, Or The Possible Lack Thereof, Of The Bilski Supreme Court Decision, Abby Bhattacharyya
Implementation, Or The Possible Lack Thereof, Of The Bilski Supreme Court Decision, Abby Bhattacharyya
Journal of Business & Technology Law
No abstract provided.
Patent Claim Obviousness In Jury Trials: Where's The Analysis?, Wesley A. Demory
Patent Claim Obviousness In Jury Trials: Where's The Analysis?, Wesley A. Demory
Journal of Business & Technology Law
No abstract provided.
Patenting Genes And Genetic Methods: What's At Stake?, Eileen M. Kane
Patenting Genes And Genetic Methods: What's At Stake?, Eileen M. Kane
Journal of Business & Technology Law
No abstract provided.
The Geneticists' Approach To Bilski, Joann A. Boughman, Kyle M. Brown
The Geneticists' Approach To Bilski, Joann A. Boughman, Kyle M. Brown
Journal of Business & Technology Law
No abstract provided.
Facilitating Patient Access To Patent-Protected Genetic Testing, Janice M. Mueller
Facilitating Patient Access To Patent-Protected Genetic Testing, Janice M. Mueller
Journal of Business & Technology Law
No abstract provided.
Boston Duck Tours V. Super Duck Tours: Duck Tours Of A Feather Can Flock Together, Cara Lewis
Boston Duck Tours V. Super Duck Tours: Duck Tours Of A Feather Can Flock Together, Cara Lewis
Journal of Business & Technology Law
No abstract provided.
O2 Micro Int'l Ltd. V. Beyond Innovation Tech. Co.: Confirmation That Claim Construction Is The Duty Of The Court, Jessica L.A. Marks
O2 Micro Int'l Ltd. V. Beyond Innovation Tech. Co.: Confirmation That Claim Construction Is The Duty Of The Court, Jessica L.A. Marks
Journal of Business & Technology Law
No abstract provided.
Bloodsucking Copyrights , Ann Bartow