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Full-Text Articles in Law

Access To Covid-19 Vaccines, Patent Rights, And The Trips Agreement, Emmanuel Oke Jan 2021

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 Nov 2017

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 Nov 2016

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 Jan 2016

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 May 2015

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 Jan 2015

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2014

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 Jan 2013

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 Jan 2013

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 Jan 2013

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 Jan 2012

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 Jan 2012

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 Jan 2012

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 Jan 2012

"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 Jan 2012

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 Jan 2012

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2010

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 Jan 2010

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 Jan 2010

Bloodsucking Copyrights , Ann Bartow

Maryland Law Review

No abstract provided.