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Articles 1 - 11 of 11
Full-Text Articles in Intellectual Property Law
Doyle Homes, Inc. V. Signature Group Of Livingston, Inc., Daniel Ursomanno
Doyle Homes, Inc. V. Signature Group Of Livingston, Inc., Daniel Ursomanno
NYLS Law Review
No abstract provided.
16 Casa Duse, Llc V. Merkin, Abbey Gauger
Counterfeiting, Couture, And The Decline Of Consumer Trust In Online Marketplace Platforms, Joseph M. Forgione
Counterfeiting, Couture, And The Decline Of Consumer Trust In Online Marketplace Platforms, Joseph M. Forgione
NYLS Law Review
No abstract provided.
Patent Protection For Crispr: An Elsi Review, Jacob S. Sherkow
Patent Protection For Crispr: An Elsi Review, Jacob S. Sherkow
Articles & Chapters
The revolutionary gene-editing technology, CRISPR, has raised numerous ethical, legal, and social concerns over its use. The technology is also subject to an increasing patent thicket that raises similar issues concerning patent licensing and research development. This essay reviews several of these challenges that have come to the fore since CRISPR’s development in 2012. In particular, the lucre and complications that have followed the CRISPR patent dispute may affect scientific collaboration among academic research institutions. Relatedly, universities’ adoption of “surrogate licensors” may also hinder downstream research. At the same time, research scientists and their institutions have also used CRISPR patents …
Varsity Brands, Inc. V. Star Athletica, Llc, Alexandra Spina
Varsity Brands, Inc. V. Star Athletica, Llc, Alexandra Spina
NYLS Law Review
No abstract provided.
Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman
Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman
Articles & Chapters
How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is the first in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and non-public information through the lens of social science — namely, principles of trust.
Patent law’s “public use” bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows …
Bridges Ii: The Law-Stem Alliance & Next Generation Innovation, Jacob S. Sherkow
Bridges Ii: The Law-Stem Alliance & Next Generation Innovation, Jacob S. Sherkow
Articles & Chapters
No abstract provided.
Crispr, Surrogate Licensing, And Scientific Discovery, Jorge Contreras, Jacob S. Sherkow
Crispr, Surrogate Licensing, And Scientific Discovery, Jorge Contreras, Jacob S. Sherkow
Other Publications
Several research institutions are embroiled in a legal dispute over the foundational patent rights to CRISPR-Cas9 gene-editing technology, and it may take years for their competing claims to be resolved. But even before ownership of the patents is finalized, the institutions behind CRISPR have wasted no time capitalizing on the huge market for this groundbreaking technology by entering into a series of licensing agreements with commercial enterprises. With respect to the potentially lucrative market for human therapeutics and treatments, each of the key CRISPR patent holders has granted exclusive rights to a spinoff or "surrogate" company formed by the institution …
Patent Protection For Microbial Technologies, Jacob S. Sherkow
Patent Protection For Microbial Technologies, Jacob S. Sherkow
Articles & Chapters
Microbial technologies often serve as the basis of fundamental research tools in molecular biology. These present a variety of ethical, legal and social issues concerning their patenting. This commentary presents several case studies of these issues across three major microbiological tools: CRISPR, viral vectors and antimicrobial resistance drugs. It concludes that the development of these technologies—both scienti cally and commercially—depend, in part, on the patent regime available for each, and researchers’ willingness to enforce those patents against others.
Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow
Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow
Other Publications
Recent decisions by patent offices in the USA and Europe concerning the revolutionary gene-editing technology, CRISPR/Cas9, have shed light on the importance — and puzzles — of one particular area of patent law: “nonobviousness”, as it known in the USA, or, in Europe, the “inventive step”. Patent law does not always neatly align itself with the realities of biological research. But these competing decisions from the U.S. Patent and Trademark Office and the European Patent Office have put those differences on parade. Unpacking these standards for CRISPR tell us a lot about how advances in biology are actually made — …
The Rise Of Ethical License, Christi Guerrini, Margaret Curnette, Jacob S. Sherkow, Christopher Scott
The Rise Of Ethical License, Christi Guerrini, Margaret Curnette, Jacob S. Sherkow, Christopher Scott
Other Publications
The Broad Institute's recent licensing of its gene editing patent portfolio demonstrates how licenses can be used to restrict controversial applications of emerging technologies while society deliberates their implications.