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Articles 1 - 9 of 9
Full-Text Articles in Law
35 U.S.C. § 112, ¶ 6—Means For Better Patent Protection, Bryan K. Wheelock, Evan R. Sotiriou
35 U.S.C. § 112, ¶ 6—Means For Better Patent Protection, Bryan K. Wheelock, Evan R. Sotiriou
Saint Louis University Law Journal
No abstract provided.
Use Of Neutral Fact-Finding To Preserve Exclusive Rights And Uphold The Disclosure Purpose Of The Patent System, Brian Panka
Use Of Neutral Fact-Finding To Preserve Exclusive Rights And Uphold The Disclosure Purpose Of The Patent System, Brian Panka
Journal of Dispute Resolution
This comment proposes the use of neutral fact-finding as a precursor to litigation of patent disputes. Section II begins with a brief introduction to the concept of patents and the system used in the United States for granting and protecting exclusive rights associated with patent grants. Then, Section III discusses traditional ADR processes available to resolve patent disputes and sets forth reasons those processes are not widely used. Finally, Section IV offers neutral factfinding as a solution to both litigation and traditional ADR process concerns with respect to resolving patent disputes
Resolving The Patent-Antitrust Paradox Through Tripartite Innovation, Michael A. Carrier
Resolving The Patent-Antitrust Paradox Through Tripartite Innovation, Michael A. Carrier
Vanderbilt Law Review
The issues presented by-the intersection of the patent system and the antitrust laws have never been as pressing as they are today. The number of issued patents is skyrocketing. Companies are more frequently entering into arrangements with competitors not only to recover their investment from creating patented products but also to avoid the patent landmines that line the path of innovation. They form patent pools for laser eye surgery, MPEG-2 video compression technology, and DVD formatting; enter into alliances, mergers, and settlements in the biopharmaceutical industry; refuse to license their patented products in various industries; and cross-license their patents in …
Panel I: The End Of Equivalents? Examining The Fallout From Festo, J. Michael Jakes, Herbert Michael Schwartz, Harold C. Wegner
Panel I: The End Of Equivalents? Examining The Fallout From Festo, J. Michael Jakes, Herbert Michael Schwartz, Harold C. Wegner
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Festering Questions After Festo, Harold C. Wegner
Festering Questions After Festo, Harold C. Wegner
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre
Advancing Science While Protecting Developing Countries From Exloitation Of Their Resources And Knowledge, Elizabeth Longacre
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Tailoring Patent Policy To Specific Industries, Dan L. Burk
Tailoring Patent Policy To Specific Industries, Dan L. Burk
Marquette Intellectual Property Law Review
Mr. Burk illustrates that federal courts have diverged along industry-specific paths when deciding patent cases. Burk highlights courts' disparate treatment of the biotechnology and computer software industries within the uniform patent statute. Due to industries' differing requirements for innovation and development, Professor Burk argues that the currently general patent statute and its incentive to innovate may be improved by tailoring it to specific industries. Burk creates a dialogue on what kinds of statutory schemes promote innovation. Citing the Supreme Court's statement in Diamond v. Chakrabarty that the patent statute is meant to cover anything under the sun made by man, …
The Role Of Intellectual Property Rights In Negotiating And Planning A Research Joint Venture, Kurt M. Saunders
The Role Of Intellectual Property Rights In Negotiating And Planning A Research Joint Venture, Kurt M. Saunders
Marquette Intellectual Property Law Review
This Article considers the role of intellectual property rights in research joint ventures. Professor Saunders begins by outlining the various advantages of pursuing research in a joint venture business form, including the sharing of expertise and investment costs. The author identifies and elucidates the intellectual property issues, as well as related licensing and antitrust implications, that arise in the joint venture context. Most notably, Saunders articulates the different intellectual property concerns that surface at each separate stage-from negotiation and planning, to termination of the collaboration.
Stemming The Stem Cell Setback, Patrick J. Fleis
Stemming The Stem Cell Setback, Patrick J. Fleis
Marquette Intellectual Property Law Review
This Comment highlights the recent federal funding setbacks in the biotechnology industry and considers the resulting challenges to future research collaboration. After providing a historical background to stem cell technology, Mr. Fleis examines the passionately opposed public responses to the technology's use of embryos and to its future applications. Fleis continues by noting past legislative initiatives that have accelerated the ease of patenting biotechnology and research findings in general. The Comment addresses several possible solutions to the tension between limited government funding and continued stem cell research, such as the adoption of a more relaxed experimental use standard. Stem cell …