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2003

Science and Technology Law

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Full-Text Articles in Law

The “Commercial Offer For Sale” Standard After Minnesota Mining V. Chemque, Campbell Chiang Dec 2003

The “Commercial Offer For Sale” Standard After Minnesota Mining V. Chemque, Campbell Chiang

Duke Law & Technology Review

The Supreme Court established a two-part test for determining when an invention is "on sale" under 35 U.S.C. §102(b) in Pfaff v. Wells Electronics, Inc. For the on-sale bar to be triggered, the invention must be "ready for patenting" and subject of a "commercial offer for sale." In Minnesota Mining & Manufacturing v. Chemque, Inc., the Federal Circuit expounded on what constitutes a commercial offer for sale. This iBrief explores what is considered a "commercial offer for sale."


Patenting Computer Data Structures: The Ghost, The Machine And The Federal Circuit, Andrew Joseph Hollander Dec 2003

Patenting Computer Data Structures: The Ghost, The Machine And The Federal Circuit, Andrew Joseph Hollander

Duke Law & Technology Review

Courts view "data structures," the mechanism by which computers store data in meaningful relationships, differently than do computer scientists. While computer scientists recognize that data structures have aspects that are both physical (how they are stored in memory) and logical (the relationships among the stored information), the Federal Circuit, in its attempts to set clear standards of the scope of patentability of data structures, has not fully appreciated their dualistic nature. This i-brief explains what data structures are, explores how courts have wrestled with setting a limiting principle to determine their patentability, and discusses the resultant impact on claim drafting.


Five Cheers For Galileo, Daniel R. Coquillette Dec 2003

Five Cheers For Galileo, Daniel R. Coquillette

Boston College Law School Lectures and Presentations

No abstract provided.


U.S. Infringement Liability For Foreign Sellers Of Infringing Products, Troy Petersen Dec 2003

U.S. Infringement Liability For Foreign Sellers Of Infringing Products, Troy Petersen

Duke Law & Technology Review

With the ever-increasing international flavor of business comes an important question for United States patent holders and foreign manufacturers alike: Can a company be held liable for patent infringement in the United States for selling an infringing product abroad that is later imported into the United States?


Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical - And Not Just The Methodological - Aspects Of Science, David S. Caudill, Lewis H. Larue Dec 2003

Why Judges Applying The Daubert Trilogy Need To Know About The Social, Institutional, And Rhetorical - And Not Just The Methodological - Aspects Of Science, David S. Caudill, Lewis H. Larue

Boston College Law Review

In response to the claim that many judges are deficient in their understanding of scientific methodology, this Article identifies in recent cases (1) a pragmatic perspective on the part of federal appellate judges when they reverse trial judges who tend to idealize science (i.e., who do not appreciate the local and practical goals and limitations of science), and (ii) an educational model of judicial gatekeeping that results in reversal of trial judges who defer to the social authority of science (i.e., who mistake authority for reliability). Next, this Article observes that courts (in the cases it analyzes) are ...


Pfaff Revisited: How The Federal Circuit Has Elaborated On The “Ready For Patenting” Standard, Jennifer F. Miller Nov 2003

Pfaff Revisited: How The Federal Circuit Has Elaborated On The “Ready For Patenting” Standard, Jennifer F. Miller

Duke Law & Technology Review

In Pfaff v. Wells Electronics, Inc., the Supreme Court established a two-part test to determine when an invention is "on sale" for purposes of Title 35 U.S.C. §102(b). In addition to being the subject of a commercial offer for sale, an invention must be "ready for patenting" in order to be considered "on sale." Since Pfaff, the Court of Appeals for the Federal Circuit has had numerous opportunities to expound upon how inventors can fulfill the latter condition. This iBrief will discuss the factors the Federal Circuit has determined are indicative of an invention's "ready for ...


Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen Nov 2003

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen

ExpressO

This paper analyzes the current legal principles regarding liabillity for harms from genetically modified organisms (GMOs) in the U.S. and E.U., as well as the various international policies and mechanisms affecting GMOs


Agenda: Workshop On Directional Drilling In The Rocky Mountain Region, University Of Colorado Boulder. Natural Resources Law Center, Colorado School Of Mines Nov 2003

Agenda: Workshop On Directional Drilling In The Rocky Mountain Region, University Of Colorado Boulder. Natural Resources Law Center, Colorado School Of Mines

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

The Rocky Mountain region is seeing a large increase in the amount of exploration and production of oil and gas resources. Many people are interested in the use of directional and horizontal drilling technology but not much is understood about these technologies outside of the oil and gas industry. Many hold out the promise that directional drilling can minimize environmental impacts and the footprint of development. The technological, environmental, legal and policy implications of directional drilling for oil and gas in the Rocky Mountain region are the focus of this workshop.


Slides: Directional Drilling: The Promise And The Peril, Alfred W. Eustes Iii Nov 2003

Slides: Directional Drilling: The Promise And The Peril, Alfred W. Eustes Iii

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Dr. Bill Eustes, Ph.D., P.E., Department of Petroleum Engineering, Colorado School of Mines, Golden, CO

63 slides

Abstract: What is it, where can it be done and how does it fit into full field development for oil and gas? This segment will set the foundation and bring everyone up to a basic level of understanding of the technology of directional drilling.


Slides: Untitled [British Petroleum], Rusty Riese Nov 2003

Slides: Untitled [British Petroleum], Rusty Riese

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Dr. Rusty Riese, Consulting Geologist, BP American Production Co.

6 slides

Abstract: For companies doing directional drilling, what are the direct and indirect costs and benefits? When is it economical and what factors does industry take into account in making the decision to utilize directional drilling?


Slides: Encana, John Moran Nov 2003

Slides: Encana, John Moran

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: John Moran, Reservoir Engineer, Encana Oil & Gas

23 slides

Abstract: For companies doing directional drilling, what are the direct and indirect costs and benefits? When is it economical and what factors does industry take into account in making the decision to utilize directional drilling?


Slides: Untitled [Colorado Attorney General's Office], Carol Harmon Nov 2003

Slides: Untitled [Colorado Attorney General's Office], Carol Harmon

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Carol Harmon, Colorado Attorney General's Office

8 slides

Abstract: When does the State require directional drilling? Can landowners require it in Surface Use Agreements? What does Colorado's version of the accommodation doctrine mean for directional drilling?


Slides: Untitled [Western Resource Advocates], Mike Chiropolos Nov 2003

Slides: Untitled [Western Resource Advocates], Mike Chiropolos

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Mike Chiropolos, Attorney, Western Resource Advocates

10 slides

Abstract: What are the environmental considerations involved with directional drilling? How should the NEPA analysis take this technology into account? When should it be analyzed as an alternative to conventional vertical drilling?


Notes From The Directional Drilling Workshop, University Of Colorado Boulder. Natural Resources Law Center Nov 2003

Notes From The Directional Drilling Workshop, University Of Colorado Boulder. Natural Resources Law Center

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

20 pages

"These notes were taken by one of our law students attending the workshop. They are not a verbatim transcript and they were not supplied by, and may not have been reviewed by, the speakers. There may be errors or gaps in the notes and for these we apologize in advance. Where the speaker provided an abstract of their talk, these are included and noted as such."


3d Molecular Structures: Patentable Subject Matter Under 35 U.S.C. §101?, Ben Quarmby Nov 2003

3d Molecular Structures: Patentable Subject Matter Under 35 U.S.C. §101?, Ben Quarmby

Duke Law & Technology Review

With the advent of protein engineering, the determination of a protein’s 3D structure has taken on a whole new importance. This has prompted some to call for the United States Patent and Trademark Office [USPTO] to break with tradition and allow patents on the three-dimensional structural information of proteins. This iBrief will discuss whether such information would constitute patentable subject matter under 35 U.S.C. §101, and how much protection patents on this information could actually confer.


Fairplay Or Greed: Mandating University Responsibility Toward Student Inventors, Carmen J. Mccutcheon Oct 2003

Fairplay Or Greed: Mandating University Responsibility Toward Student Inventors, Carmen J. Mccutcheon

Duke Law & Technology Review

Over twenty years have passed since the enactment of The Patent and Trademark Law Amendments Act (Bayh-Dole Act) and universities continue to struggle with their technology transfer infrastructures. Lost in that struggle are those who could be considered the backbone of university research: the students. Graduate and undergraduate students remain baffled by the patent assignment and technology transfer processes within their various institutions. Efforts should be undertaken by universities to clarify the student's position in the creative process.


National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock Oct 2003

National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock

ExpressO

In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely ...


Child Placement Decisions: The Relevance Of Facial Resemblance And Biological Relationships, David J. Herring Oct 2003

Child Placement Decisions: The Relevance Of Facial Resemblance And Biological Relationships, David J. Herring

University of Pittsburgh School of Law Working Paper Series

This article discusses two studies of evolution and human behavior addressing child-adult relationships and explores implications for policies and practices surrounding placement of children in foster homes. The first study indicates that men favor children whose facial features resemble their own facial features. This study may justify public child welfare decisionmakers in considering facial resemblance as they attempt to place children in safe foster homes. The second study indicates that parents are likely to invest more in children who are biologically related to them, thus enhancing their longterm well-being. Among other implications, this study may justify public child welfare decisionmakers ...


A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi Oct 2003

A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi

ExpressO

This paper examines the current trends in a predominantly sectoral U.S. privacy regime that appears to be becoming more comprehensive in nature with respect to data privacy protection. This trend has been greatly attributed to the European Union's comprehensive position on data privacy protection. This paper investigates the growth in U.S. data privacy protection in relation to federal and state legislative history, federal administrative procedures, and private industry efforts. This shift from sectoral to comprehensive regimes is significant in the backdrop of U.S-EU trade relations.


Life Sciences, Technology, And The Law - Symosium Transcript - March 7, 2003, Philip R. Reilly, David H. Kaye, Jonathan J. Koehler, Richard O. Lempert Oct 2003

Life Sciences, Technology, And The Law - Symosium Transcript - March 7, 2003, Philip R. Reilly, David H. Kaye, Jonathan J. Koehler, Richard O. Lempert

Michigan Telecommunications & Technology Law Review

Life sciences, Technology, and the Law Symposium held at the University of Michigan Law School Friday, March 7, 2003


A Putative Inventor’S Remedies To Correct Inventorship On A Patent, Campbell Chiang Sep 2003

A Putative Inventor’S Remedies To Correct Inventorship On A Patent, Campbell Chiang

Duke Law & Technology Review

Inventorship is a required component of patents issued in the United States, and the penalty for filing a patent with incorrect inventorship is harsh: possible invalidation of the entire patent. This iBrief explores the background on inventorship in the United States patent system, and various remedies such as 35 U.S.C. §116, 35 U.S.C. §256, and interference proceedings in correcting errors in inventorship. This iBrief will then discuss the usefulness of these various remedies to a putative inventor who was left off the inventorship of a patent.


Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll Sep 2003

Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property -- Part I, Michael W. Carroll

Working Paper Series

Many participants in the music industry consider unauthorized downloading of music files over the Internet to be “theft” of their “property.” Many Internet users who exchange music files reject that characterization. Prompted by this dispute, this Article explores how those who create and distribute music first came to look upon music as their property and when in Western history the law first supported this view. By analyzing the economic and legal structures governing musicmaking in Western Europe from the classical period in Greece through the Renaissance, the Article shows that the law first granted some exclusive rights in the Middle ...


Reingeniería De La Corte Suprema De La Nación - Una Guía De Trabajo Y Propuestas Para Mejorar Los Aspectos Organizativos, Funcionales Y De Gobierno Del Alto Tribunal, Horacio M. Lynch, Luciano Hurtado, María Clara Pujol, Et Al Sep 2003

Reingeniería De La Corte Suprema De La Nación - Una Guía De Trabajo Y Propuestas Para Mejorar Los Aspectos Organizativos, Funcionales Y De Gobierno Del Alto Tribunal, Horacio M. Lynch, Luciano Hurtado, María Clara Pujol, Et Al

Horacio M. LYNCH

Esta investigación continúa y actualiza las propuestas e investigaciones de FORES sobre la Corte Suprema, originadas en el diagnóstico elaborado en las Conferencias sobre la Reforma Judicial de 1977 y 1978, y en los posteriores estudios “REFORMAS EN LA CORTE SUPREMA”, 1987 y “DIAGNÓSTICO DE LA JUSTICIA ARGENTINA”, 1988, dirigidas por el Dr. Horacio M. Lynch. Complementa el reciente trabajo de éste “CAMBIOS EN LA CORTE SUPREMA - ENFOQUES DEL SIGLO XXI”, (LL 30Jul03 / V. ANEXO), y con otro anterior “EL RECURSO EXTRAORDINARIO POR ARBITRARIEDAD - UN DILEMA PARA LA NUEVA CORTE SUPREMA”, de 1990 (LL 1990-D- 719). Está concentrado en los ...


Day 3. Wednesday, August 13, 2003: Lighthawk Flyover, University Of Colorado Boulder. Natural Resources Law Center Aug 2003

Day 3. Wednesday, August 13, 2003: Lighthawk Flyover, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

11 pages (includes some color illustrations and maps).

Contains references.


Day 3. Wednesday, August 13, 2003: Travel To Grand Junction, University Of Colorado Boulder. Natural Resources Law Center Aug 2003

Day 3. Wednesday, August 13, 2003: Travel To Grand Junction, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

5 pages (includes color illustration and map).

Contains references.


Day 3. Wednesday, August 13, 2003: Oil Shale, University Of Colorado Boulder. Natural Resources Law Center Aug 2003

Day 3. Wednesday, August 13, 2003: Oil Shale, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

8 pages.

Contains references.


Day 2. Tuesday, August 12, 2003: Delta Montrose Energy, University Of Colorado Boulder. Natural Resources Law Center Aug 2003

Day 2. Tuesday, August 12, 2003: Delta Montrose Energy, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

1 page.

Contains references.


Day 1. Monday, August 11, 2003: National Renewable Energy Lab, National Energy Renewable Laboratory Aug 2003

Day 1. Monday, August 11, 2003: National Renewable Energy Lab, National Energy Renewable Laboratory

Energy Field Tour 2003 (August 11-16)

8 pages (includes illustrations).

Contains references.


Agenda: Energy Field Tour 2003, University Of Colorado Boulder. Natural Resources Law Center Aug 2003

Agenda: Energy Field Tour 2003, University Of Colorado Boulder. Natural Resources Law Center

Energy Field Tour 2003 (August 11-16)

Congressional staff tour held August 11-16, 2003

Summary: Binder of assorted articles, maps, brochures and other materials prepared for participants of the tour

Contents:

MONDAY, AUGUST 11, 2003: BLUE SPRUCE PEAKER PLANT: University of Colorado Natural Resources Law Center : congressional staff tour of Blue Spruce Energy Center / Peggy Duxbury -- 'Power Struggle', National Journal, June 27, 2003 / Margaret Kritz -- 'Calpine's Blue Spruce Energy Center begins commercial operation', Calpine press release, April 17, 2003 -- NATIONAL RENEWABLE ENERGY LAB: NREL at a glance -- NREL technologies -- SHOSHONE HYDROELECTRIC PLANT: 'River District Board supports spring Shoshone call reduction plans, with stipulations', press release, March ...


Technological Protection Measures In The United States, The European Union And Germany - How Much Fair Use Do We Need In The "Digital World"?, Wencke Baesler Aug 2003

Technological Protection Measures In The United States, The European Union And Germany - How Much Fair Use Do We Need In The "Digital World"?, Wencke Baesler

ExpressO

This article analyzes the different approaches of the United States and the European Union in the EU Copyright Directive towards the protection of technological protection measures against circumvention. The European and German laws have a radically different approach to fair use that heretofore has not been satisfactorily examined. It is a basic principle of copyright law in the European countries not to provide for a broad fair use exception, but to enumerate specific uses that are excluded from the copyright owner’s right to intervene. However, mostly payment of a reasonable compensation is required. This system is preserved in the ...