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Articles 1 - 16 of 16
Full-Text Articles in Law
If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta
If Per Se Is Dying, Why Not In Tv Tying? A Case For Adopting The Rule Of Reason Standard In Television Block- Booking Arrangements, Nicole Labletta
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman
The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Right To A Jury Trial In Actions For Patent Infringement And Suits For Declaratory Judgement, Brian D. Coggio, Timothy E. Demasi
The Right To A Jury Trial In Actions For Patent Infringement And Suits For Declaratory Judgement, Brian D. Coggio, Timothy E. Demasi
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
University of Richmond Law Review
No abstract provided.
Pliability Rules, Abraham Bell, Gideon Parchomovsky
Pliability Rules, Abraham Bell, Gideon Parchomovsky
Michigan Law Review
In 1543, the Polish astronomer, Nicolas Copernicus, determined the heliocentric design of the solar system. Copernicus was motivated in large part by the conviction that Claudius Ptolemy's geocentric astronomical model, which dominated scientific thought at that time, was too incoherent, complex, and convoluted to be true. Hence, Copernicus made a point of making his model coherent, simple, and elegant. Nearly three and a half centuries later, at the height of the impressionist movement, the French painter Claude Monet set out to depict the Ruen Cathedral in a series of twenty paintings, each presenting the cathedral in a different light. Monet's …
The Multiple Unconstitutionality Of Business Method Patents: Common Sense, Congressional Choice, And Constitutional History, Malla Pollack
The Multiple Unconstitutionality Of Business Method Patents: Common Sense, Congressional Choice, And Constitutional History, Malla Pollack
Malla Pollack
Business method patents are of sufficiently doubtful constitutionality that the Supreme Court should either render them void or, at the least, require a clear Congressional fact finding that they are likely to promote the "Progress of . . . [the] Useful Arts." Four separate arguments support this conclusion. First, common sense shows that patents on business methods do not promote progress. Second, Congress has not considered whether business method patents are likely to promote progress. Third, "useful arts," as that phrase is used in the Constitution, does not include mere commerce. Lastly, the historical background of the Intellectual Property Clause …
Golden Rice: A Case Study In Intellectual Property Management And International Capacity Building, Stanley P. Kowalski, R. David Kryder
Golden Rice: A Case Study In Intellectual Property Management And International Capacity Building, Stanley P. Kowalski, R. David Kryder
RISK: Health, Safety & Environment (1990-2002)
The authors examine the management of risks associated with intellectual property linked to agri-biotech products, with emphasis on the international movement of agri-biotech intellectual property from industrialized to developing nations.
The Effect Of Bankruptcy Upon A Firm Using Patents And Trademarks As Collateral, Lois R. Lupica
The Effect Of Bankruptcy Upon A Firm Using Patents And Trademarks As Collateral, Lois R. Lupica
Faculty Publications
The Bankruptcy Code sets forth an orderly process for the distribution of a debtor-in-bankruptcy's assets. This process has the effect of altering many of the procedural and substantive rights and obligations of the debtor, as well as of the debtor's creditors. Parties asserting a property interest in assets of a debtor in bankruptcy, however, must rely on nonbankruptcy law to determine the nature and extent of their property interests. The most commonly asserted interest by creditors involved in a bankruptcy are security interests.
Harmonizing Scope And Allocation Of Patent Rights In Europe - Towards A New European Patent Law, Christopher Heath
Harmonizing Scope And Allocation Of Patent Rights In Europe - Towards A New European Patent Law, Christopher Heath
Marquette Intellectual Property Law Review
A rise in European Patent litigation has increased awareness of patent enforcement and its difficulty given the lack of harmony between the European Patent Convention (EPC) and the European Community (Community) patent laws. The EPC and the Community have both attempted to harmonize certain aspects of their patent laws. In 1999, the EPC Member States developed four options for structuring a European system of patent enforcement. In 2000, the Community developed its regulation system known as the Community Patent Regulation. The author believes that the two proposals are great attempts but fail to address two key aspects: (1) the allocation …
Will The United States Take The Plunge Into Global Patent Law Harmonization? A Discussion Of The United States' Past, Present, And Future Harmonization Efforts., Anneliese M. Seifert
Will The United States Take The Plunge Into Global Patent Law Harmonization? A Discussion Of The United States' Past, Present, And Future Harmonization Efforts., Anneliese M. Seifert
Marquette Intellectual Property Law Review
Ms. Seifert discusses the factors that shape harmonization of a global patent law system. She touches on how the philosophical differences of the United States, Japanese, and European patent systems have created difficulty in establishing a cohesive patent law system. The author then discusses international harmonization efforts such as WIPO and TRIPs and national patent law changes, such as the eighteen-month publication period created under the American Inventors Protection Act. In conclusion, the author discusses the future of patent harmonization, suggesting the need for a global, uniform method of patent interpretation for meaningful harmonization.
Aids, Anthrax, And Compulsory Licensing: Has The United States Learned Anything? A Comment On Recent Decisions On The International Intellectual Property Rights Of Pharmaceutical Patents, Thomas F. Mullin
ILSA Journal of International & Comparative Law
The concern over protection of Intellectual Property has been an issue for over 500 years.
Legal Protection For Software: Still A Work In Progress, Robert W. Gomulkiewicz
Legal Protection For Software: Still A Work In Progress, Robert W. Gomulkiewicz
Articles
Software began as geekware-something written by programmers for programmers. Now, software is a business and consumer staple. Cryptic character-based user interfaces have given way to friendly graphical ones; multi-media is everywhere; people own multiple computers of varying sizes; computers are connected to one another across the globe; email and instant electronic messages have replaced letters and telephone calls for many people.
The issue of whether the law should protect software seems quaint to us now. Over the past twenty-five years, legislatures and courts have concluded that copyright, patent, trade secret, trademark, and contract law all can be used to protect …
Thoughts On Dastar From A Copyright Perspective: A Welcome Step Toward Respite For The Public Domain, Lynn Mclain
Thoughts On Dastar From A Copyright Perspective: A Welcome Step Toward Respite For The Public Domain, Lynn Mclain
All Faculty Scholarship
Though other questions remain unresolved and other leaks unstemmed, Dastar is a welcome step towards regaining the public domain, and towards establishing that the confines of the public domain, with regard to nondeceptive reproduction of public domain works, and preparation of derivative works based upon them, must be delimited by only the copyright and patent laws.
This article will provide a background discussion of the copyright and patent schemes and their delineation of the public domain. It then will discuss the role of trademark law in that balance, and some of the case law regarding both § 43 of the …
Business Method Patents And Patent Floods, Michael J. Meurer
Business Method Patents And Patent Floods, Michael J. Meurer
Faculty Scholarship
Technological breakthroughs occasionally set off floods of inventions and associated patents. The decline of the business method exception to patentability is likely to increase the frequency of patent floods. Future technological breakthroughs might now cause two different patent floods: a flood of patents covering the relevant technology, and a flood of patents covering business methods in the new market opened by the breakthrough. Furthermore, a technological breakthrough is no longer a precondition for a patent flood. Any factor that opens a new market might cause a future flood of business method patents.
A flood of related patents in a new …
Doctrine Of Equivalents: Is Festo The Right Decision For The Biomedical Industry., Faith S. Fillman
Doctrine Of Equivalents: Is Festo The Right Decision For The Biomedical Industry., Faith S. Fillman
St. Mary's Law Journal
The doctrine of equivalents, which Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. threatens to overturn, is an equitable doctrine and should therefore provide patentees and competitors equal and fair protection. Prior to Festo, the Federal Circuit used two approaches: the complete bar rule and the flexible bar rule. Under the complete bar rule, the author must completely copy the patented art for infringement to occur, this is otherwise known as literal infringement. In contrast, under the flexible bar rule, infringement can occur if the product is closely related to the prior art. Federal Circuits have officially adopted the complete …
Patents For Environmentalists, F. Scott Kieff
Patents For Environmentalists, F. Scott Kieff
GW Law Faculty Publications & Other Works
This essay, written for the National Association of Environmental Law Societies' (NAELS) annual meeting, explains how patent law operates generally with an emphasis on how it may impact the environment in particular. In so doing, the essay addresses from a patent perspective some representative concerns relating to patents that appear to be prevalent in the environmental literature and shows how the patent system may provide substantial benefit for those favoring the environment.