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Full-Text Articles in Law

The Research Exemption To Patent Infringement: The Delicate Balance Between Current And Future Technical Progress, Katherine J. Strandburg Nov 2006

The Research Exemption To Patent Infringement: The Delicate Balance Between Current And Future Technical Progress, Katherine J. Strandburg

Katherine J. Strandburg

No abstract provided.


Technology Transfer And An Information View Of Universities: A Conceptual Framework For Academic Freedom, Intellectual Property, Technology Transfer And The University Mission, Patrick L. Jones, Katherine J. Strandburg Nov 2006

Technology Transfer And An Information View Of Universities: A Conceptual Framework For Academic Freedom, Intellectual Property, Technology Transfer And The University Mission, Patrick L. Jones, Katherine J. Strandburg

Katherine J. Strandburg

In this Article, we provide a conceptual framework for technology transfer grounded in the fundamental purposes of a university -- the creation and dissemination of knowledge in the form of information. We describe how technology transfer activities shift the target audience for knowledge dissemination from traditional university target audiences to organizations with a predominantly economic purpose and different social norms. These shifts trigger a need to bridge differing behavioral expectations. Legal contracts and intellectual property rights can play a significant role in structuring relationships in such a non-traditional knowledge dissemination context. We analyze the role of formal technology transfer involving …


Debate, The Obviousness Requirement In The Patent Law, R. Polk Wagner, Katherine J. Strandburg Oct 2006

Debate, The Obviousness Requirement In The Patent Law, R. Polk Wagner, Katherine J. Strandburg

Katherine J. Strandburg

In this debate, Professor R. Polk Wagner, of Penn, and Professor Katherine J. Strandburg, of DePaul University College of Law, consider the merits (and demerits) of one doctrinal approach to the so-called "obviousness" requirement in patent law--the "teaching, suggestion, or motivation" (TSM) test. In Wagner's view, "even with its imperfections, the law and policy of the TSM analysis, done right, offers the best opportunity to bring predictability, transparency, and rigor to what is, at the end of the day, the enormously difficult task of quantifying what the patent law rewards as invention." For reasons she explains, Strandburg maintains that "the …