Law Commons^™

Minority Report: Real Patent Reform, Maybe Later - The America Invents Act And The Quasi-Recodification Solution, Thomas C. Folsom

Akron Intellectual Property Journal

This Article has three parts. In Part One, I describe what Congress claims to have done, then what the Act actually has done, and therefore what is the most that can be hoped to come from it. In considering what Congress has done, I briefly outline the theoretical basis of the new hybrid system, neither first-to-invent nor first-to-file, but rather a "first to declare" system with a one-year grace period that is both a shield and a sword to the declarant. More importantly, Congress has indicated it believes the new system is compatible with the Constitutional grant, and I suggest …

The Imperfect State Of Patent Perfection, Yongae Jun

Akron Intellectual Property Journal

The state of the law regarding perfection of security interests in patents is uncertain. Attorneys advise their clients to record with both the state and the federal registration systems in order to perfect their security interests. Moreover, the Supreme Court missed its opportunity to clarify the ambiguity when it denied certiorari to Cybernetic Services. This comment will attempt to make sense of this area of the law and formulate an opinion as to what the law should be. Part II of this comment will interpret Section 261 through textual analysis, canons of construction, and legislative history. Part III will explore …

The Supreme Court And The Federal Circuit: A Case Of Supervision By Generalists, Jay Dratler Jr.

Akron Intellectual Property Journal

Many of the "general rules" that the Federal Circuit developed in its effort to simplify patent law turned out to be too crabbed and formalistic to do the job that Jefferson intended. As a result, the Supreme Court has had to step in. In virtually every case where it has done so, the High Court has rejected a narrow, formulaic rule proposed by the Federal Circuit and opted for something more general and flexible.

This paper analyzes some key cases of that sort. In the process, it attempts to answer the question "why"? Why did a specialized court fail to …

Recent Developments In Patent Law, Kristen Jakobsen Osenga

Akron Intellectual Property Journal

In the last year, the landscape of patent law was altered by court opinions from the Supreme Court and U.S. Court of Appeals for the Federal Circuit, as well as in opinions rendered by the Board of Patent Appeals and Interferences (hereafter BPAI) at the United States Patent and Trademark Office. In addition, patent reform legislation was introduced that could have shaken up patent practice even further. Although none of the reform proposals were passed, revised versions of these legislative initiatives have already been introduced in 2009.2 This brief write-up summarizes many (but by no means all) of the important …

Phillips V. Awh Corporation: Asking Questions, But Refusing To Hear The Answer - A Critical Analysis Of The Court Of Appeals For The Federal Circuit's Recent Decision Regarding The Use Of Dictionaries And The Standard Of Review In Claim Construction, Christopher A. Jethrow

Akron Intellectual Property Journal

This note begins in Section II by summarizing the history of the patent system and introducing two of the main issues raised in Phillips v. AWH Corp. Section III gives the history of Phillips v. AWH Corp. and how it has progressed through the legal system. Section IV analyzes the two main issues raised in Phillips and the impact of the decision. Finally, Section V concludes with closing remarks for the future of patent law in the United States.

The Return Of The Supreme Court To Patent Law, Timothy R. Holbrook

Akron Intellectual Property Journal

The diverse set of patent-related cases decided by the Supreme Court has demonstrated that the Court is not only concerned with narrow issues that generally fall within the penumbra of constitutional issues. Instead, the recent set of cases selected for certiorari primarily related to the core aspects of patent law. During this unsettled period in patent law, with calls for reform coming from commentators and Congress itself, the Court is beginning to articulate its viewpoints on the appropriate scope of protection afforded by patents. The following section discusses the most recent cases before the Court that either are patent cases …