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Full-Text Articles in Law
Reach Through Royalties As A Workaround For Patent Exhaustion, Patrick Hagan
Reach Through Royalties As A Workaround For Patent Exhaustion, Patrick Hagan
UC Law Science and Technology Journal
Reach through royalties (RTRs) allow companies that license patented research tools to profit from inventions created by others using these tools. Support for RTRs is split; some disfavor them for their potential anti-commons effects, while others believe RTRs provide important services, such as research tool valuation. This piece argues that RTRs should be allowed, outlining their current use in the United States and the financial implications for both tool licensers and researchers.
The Role Of The Subconscious In Intellectual Property Law, Robin Feldman
The Role Of The Subconscious In Intellectual Property Law, Robin Feldman
UC Law Science and Technology Journal
Human behavior stems from a fascinating tangle of conscious and subconscious impulses. Issues resulting from this combination can become relevant in a wide variety of legal contexts, including choosing where to place a burden or whom to hold liable. These nuances are particularly important in intellectual property, as much of it stems from the human mind as it interacts with the natural world as well as previous creations. This piece will consider how Intellectual Property law handles subconscious impulses on the part of participants in the system. Looking at examples from Copyright, Trade Secret, and Patent law, this Article argues …
Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie E. Zink
Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie E. Zink
UC Law Science and Technology Journal
The law is clear that it is the plaintiff-patentee's burden to prove both infringement and damages. It is unclear, however, in cases involving inconsistent manufacturing techniques, what level of evidence is required to meet this burden and when, if at all, such burden should pass to the defendant-infringer to provide rebuttal evidence. One consideration in this analysis is when findings of infringement can extend to the entire product line. Another matter considered in this paper is how the court deals with the confusion of goods and the commingling of records. This Article examines the various patent doctrines that may have …
Injunctive Relief Post Ebay And The Various Applications Of The Four-Factor Test In Differing Technological Industries, Engey Elrefaie
Injunctive Relief Post Ebay And The Various Applications Of The Four-Factor Test In Differing Technological Industries, Engey Elrefaie
UC Law Science and Technology Journal
In the 2006 opinion for eBay v. MercExchange the Supreme Court struck down the Federal Circuit's blanket rule of granting injunctions for patent infringement. Outlining a four-factored test, the Court declared that injunctive relief should be determined based on "principles of equity." This note discusses the implications of this decision on the biotechnology and software industries, and how lower courts have applied this test to reach varying results.
The Exportability Of The Principles Of Software: Lost In Translation, Michael L. Rustad, Maria Vittoria Onufrio
The Exportability Of The Principles Of Software: Lost In Translation, Michael L. Rustad, Maria Vittoria Onufrio
UC Law Science and Technology Journal
The American Law Institute approval of The Principles of Software Contracts is a significant milestone in the history of software law. The project began in 2004 because of the flaws of the Uniform Computer Information Transactions Act concerning this issue, problems strengthened by the widely held perception that the law at the time was "undeveloped, confused, and conflicting." Software licensing is presently America's third largest industry and has suffered from the mechanical extension of the law of sales to software over the last forty years, much like courts imported "horse and buggy law" to resolve problems posed by the automobile. …
A Brief History Of The Commercial Speech Doctrine (With Some Implications Tobacco Regulation), Ashutosh Bhagwat
A Brief History Of The Commercial Speech Doctrine (With Some Implications Tobacco Regulation), Ashutosh Bhagwat
UC Law Science and Technology Journal
The passage of the Family Smoking Prevention and Tobacco Control Act of 2009 delegated substantial new responsibility to the U.S. Food & Drug Administration. Charged with implementation of the Act, the Food & Drug Administration issued a call for public comment on what approaches to take. The University of California, Hastings College of the Law hosted a symposium on the topic in August 2009, at which Professor Ashutosh Bhagwat gave commentary on the areas of tobacco advertising and marketing. This essay is based upon Professor Bhagwat's remarks at this event. Tracing the Supreme Court's jurisprudence of the commercial speech doctrine …
State And Local Policy As A Tool To Complement And Supplement The Fda Law, Leslie Zellers, Ian Mclaughlin
State And Local Policy As A Tool To Complement And Supplement The Fda Law, Leslie Zellers, Ian Mclaughlin
UC Law Science and Technology Journal
With the recent passage of the Family Smoking Prevention and Tobacco Control Act of 2009, the U.S. Food and Drug Administration now has the authority to regulate tobacco sales, marketing, and use. Though this law is a beneficial step, some gaps remain. There are significant merits to state and local governments enacting local laws to fill these gaps. State and local governments can also effectively partner with the Food and Drug Administration in enforcing various provisions of the law. There are a great deal of local policy options available to state and local governments. This Article provides both recommendations and …
Search Query Privacy: The Problem Of Anonymization, Ron A. Dolin
Search Query Privacy: The Problem Of Anonymization, Ron A. Dolin
UC Law Science and Technology Journal
Search queries may reveal quite sensitive information about the querier. Even though many queries are not directly associated with a particular person, it has been argued that the IP addresses and cookies of the users can often be sufficient to figure out who the querier is, especially if tied to information from ISPs regarding IP address assignments at the time of the relevant query. Given that the queries have been subject to discovery both by various governments and third parties, there has been great concern for how to keep such queries private. A typical approach to such privacy legislation, especially …
Software Patents Under 35 U.S.C. Sec. 271(F): Should Congress Amend Sec. 271 To Harmonize Protection Between Tangible And Intangible Inventions, Robert A. Mcfarlane, Timothy V. Fisher
Software Patents Under 35 U.S.C. Sec. 271(F): Should Congress Amend Sec. 271 To Harmonize Protection Between Tangible And Intangible Inventions, Robert A. Mcfarlane, Timothy V. Fisher
UC Law Science and Technology Journal
U.S. Patent laws presumptively apply only to acts committed within this country. Congress has, however, imposed liability for domestic patent infringement based on actions taken, or at least completed, outside the United States. For example, Congress added § 271(f) to the patent statues in 1984 to impose liability for the unauthorized exportation of components of patented inventions to be assembled abroad, even where no infringing acts are completed in the United States. Courts' varying application of § 271(f) to patented inventions in various fields led to inconsistent protections across different technologies. The current article explores this asymmetry in patent protection, …
Concerns Associated With Expanding Dna Databases, Candice Roman-Santos
Concerns Associated With Expanding Dna Databases, Candice Roman-Santos
UC Law Science and Technology Journal
The establishment of DNA databases has been and continues to be a source of controversy. Proponents of DNA databases argue that it supports a discipline that does not rely on subjective judgments and interpretations, and expanding DNA databases will not only help to solve more crimes but also exonerate innocent people who have been wrongly convicted, ultimately reducing the need to reverse previous miscarriages of justice. Opponents of DNA databases, on the other hand, argue that there is a risk of DNA being used to the exclusion of material that might prove the innocence of the suspect. Also, the fact …
A Dreadful Prognosis: Patentability Of Diagnostic And Personalized Medical Procedures In The Wake Of In Re Bilski, Matthew D. Show
A Dreadful Prognosis: Patentability Of Diagnostic And Personalized Medical Procedures In The Wake Of In Re Bilski, Matthew D. Show
UC Law Science and Technology Journal
Over the past few decades, patent applicants in certain technological fields are discovering a conflict inherent between the nature of their claimed inventions and judicial interpretation of Jefferson's Patent Act language throughout the 19th and 20th Centuries. This conflict is particularly apparent in the fields of diagnostic and personalized medicine. This note discusses both modern Supreme Court precedent regarding the requirements for a patentable method claim as how Bilski v. Doll, a business method case, threatens to make such methods unpatentable. Additionally, this note offers the results of an analysis demonstrating how patent agents and attorneys currently draft these types …