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Full-Text Articles in Entertainment, Arts, and Sports Law
Patents And The Pandemic: Intellectual Property, Social Contracts, And Access To Vaccines, Peter Lee
Patents And The Pandemic: Intellectual Property, Social Contracts, And Access To Vaccines, Peter Lee
Washington Journal of Law, Technology & Arts
Through enormous public support and private initiative, biopharmaceutical firms developed safe and effective COVID-19 vaccines in record time. These remarkable vaccines represent humanity’s best chance to end the devastating pandemic. However, difficult questions about ownership and access have arisen alongside the development and deployment of these vaccines. Biopharmaceutical companies have patented many of the technologies underlying these vaccines, thus seeming to pit intellectual property rights against the objective of wide and rapid dissemination of these critical resources. While prevailing debates have been framed in the language of intellectual property, this Article suggests that contract principles can help break the impasse …
Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed
Who Determines What Is Egregious? Judge Or Jury: Enhanced Damages After Halo V. Pulse, Brandon M. Reed
Georgia State University Law Review
Enhanced damages in patent law are a type of punitive damage that can be awarded in the case of “egregious misconduct” during the course of patent infringement. Authorization for enhanced damages comes from 35 U.S.C. § 284, which allows the district court to increase total damages up to three times the amount of actual damages found by the jury. It is well understood that, since enhanced damages are punitive in nature, enhancement should only be considered for cases of “wanton” or “deliberate” infringement. However, determining what constitutes this “egregious” misconduct has vastly transformed over time to include a negligence standard, …
3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom
3d Printing And Healthcare: Will Laws, Lawyers, And Companies Stand In The Way Of Patient Care?, Evan R. Youngstrom
Pace Intellectual Property, Sports & Entertainment Law Forum
Today, our society is on a precipice of significant advancement in healthcare because 3D printing will usher in the next generation of medicine. The next generation will be driven by customization, which will allow doctors to replace limbs and individualize drugs. However, the next generation will be without large pharmaceutical companies and their justifications for strong intellectual property rights. However, the current patent system (which is underpinned by a social tradeoff made from property incentives) is not flexible enough to cope with 3D printing’s rapid development. Very soon, the social tradeoff will no longer benefit society, so it must be …
Copy Game For High Score: The First Video Game Lawsuit, William K. Ford
Copy Game For High Score: The First Video Game Lawsuit, William K. Ford
Journal of Intellectual Property Law
No abstract provided.
Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci
Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Authorized Generics: Careful Balance Undone, Beth Understahl
Authorized Generics: Careful Balance Undone, Beth Understahl
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy
Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy
Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White
A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Enablement In Biotechnology Cases After In Re Goodman, John C. Todaro
Enablement In Biotechnology Cases After In Re Goodman, John C. Todaro
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.