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Articles 1 - 5 of 5
Full-Text Articles in Law
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller
Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Brief Amicus Curiae Of The Taxpayers Asset Project Of The Center For Study Of Responsive Law In Support Of Petitioners, Genetics Institute, Inc., Et. Al. V. Amgen Inc., 502 U.S. 856 (1991), Michael H. Davis
Law Faculty Briefs and Court Documents
Although a patent appears to be a private right, that private right is only "secondary," as this Court has stated, to the public bargain of which it is but a part. The focus must always be whether the public has received full information about the nature of the invention so that future inventors may reuse and improve it. The decision below reflects a failure to recognize the patent's monopoly nature and as a result abandons the "best mode" rule forbidding the inventor form concealing the best way of replicating the invention. By turning the subjective test of "best mode" into …
First-To-Invent: A Superior System For The United States., Ned L. Conley
First-To-Invent: A Superior System For The United States., Ned L. Conley
St. Mary's Law Journal
The United States uses the first-to-invent patent system, which is a time-honored system not worth abandoning in pursuit of harmonization. First-to-invent and first-to-file patent systems incentivize different approaches to obtaining a patent. However, a first-to-invent approach is, in part, what has allowed the United States to lead the world in innovation and it should not abandon this approach. The United States patent system is unique when compared to most other patent systems used by democratic, capitalistic, developed nations. A first-to-invent system provides incentive to invent, particularly to inventors who are less well financed. The incentive to innovate is in the …