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Full-Text Articles in Law

The Expressive Impact Of Patents, Timothy R. Holbrook Jan 2006

The Expressive Impact Of Patents, Timothy R. Holbrook

Washington University Law Review

Patents represent a quid pro quo between the public and the inventor: in exchange for disclosing the invention, the inventor receives the right to exclude others from practicing her invention. They therefore serve as a source of technical information. Patents also communicate information to markets and companies that serve to reduce various transaction costs, allowing more efficient transactions and investment. Patents consequently communicate various types of information beyond the technical. There is no reason, however, that such messages must be limited to the technical or the pecuniary. This Article explores whether patents, like other governmental acts such as legislation, can ...


The Legality Of Hatch-Waxman Pharmaceutical Settlements: Is The Terazosin Test The Proper Prescription?, Joel Graham Jan 2006

The Legality Of Hatch-Waxman Pharmaceutical Settlements: Is The Terazosin Test The Proper Prescription?, Joel Graham

Washington University Law Review

No abstract provided.


Semiotic Disobedience, Sonia K. Katyal Jan 2006

Semiotic Disobedience, Sonia K. Katyal

Washington University Law Review

Nearly twenty years ago, a prominent media studies professor, John Fiske, coined the term “semiotic democracy” to describe a world where audiences freely and widely engage in the use of cultural symbols in response to the forces of media. A semiotic democracy enables the audience, to a varying degree, to “resist,” “subvert,” and “recode” certain cultural symbols to express meanings that are different from the ones intended by their creators, thereby empowering consumers, rather than producers. In this Article, I seek to introduce another framework to supplement Fiske’s important metaphor: the phenomenon of “semiotic disobedience.” Three contemporary cultural moments ...


Commerce Versus Commentary: Gripe Sites, Parody, And The First Amendment In Cyberspace, Jacqueline D. Lipton Jan 2006

Commerce Versus Commentary: Gripe Sites, Parody, And The First Amendment In Cyberspace, Jacqueline D. Lipton

Washington University Law Review

The Global Online Freedom Bill of 2006 emphasizes the importance of freedom of speech on the Internet as a fundamental human right. However, the backbone of the World Wide Web, the Internet domain name system, is a poor example of protecting free speech, particularly in terms of the balance between speech and commercial trademark interests. This is apparent from the manner in which the legislature and the judiciary deal with cases involving Internet gripe sites and parody sites. The lack of a clear consensus on the protection of free speech in these contexts is troubling, and can be found in ...


Co-Blogging Law, Eric Goldman Jan 2006

Co-Blogging Law, Eric Goldman

Washington University Law Review

Bloggers often work collaboratively with other bloggers, a phenomenon I call “co-blogging.” The decision to co-blog may seem casual, but it can have significant and unexpected legal consequences for the co-bloggers. This Article looks at some of these consequences under partnership law, employment law, and copyright law and explains how each of these legal doctrines can lead to counterintuitive results. The Article then discusses some recommendations to mitigate the harshness of these results.


How Are Patent Cases Resolved? An Empirical Examination Of The Adjudication And Settlement Of Patent Disputes, Jay P. Kesan, Gwendolyn G. Ball Jan 2006

How Are Patent Cases Resolved? An Empirical Examination Of The Adjudication And Settlement Of Patent Disputes, Jay P. Kesan, Gwendolyn G. Ball

Washington University Law Review

From an institutional perspective, the patent system is a two-stage bargain. At the first stage, the U.S. Patent and Trademark Office (PTO) grants patent rights to inventors after conducting an examination of the prior art and of the patent application to determine whether the requirements for patentability are met. At the next stage, in order to enforce their issued patent rights, patentees have to resort to the federal courts with an action for patent infringement. This Article is organized as follows. Part II reviews the previous literature on patent litigation. Part III describes our methodology for collecting data on ...