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Full-Text Articles in Science and Technology Law
From State Street Bank To Cls Bank And Back: Reforming Software Patents To Promote Innovation, Parker Hancock
From State Street Bank To Cls Bank And Back: Reforming Software Patents To Promote Innovation, Parker Hancock
Vanderbilt Journal of Entertainment & Technology Law
For the past several decades, the Supreme Court and Federal Circuit have struggled to determine if, and under what circumstances, software is patentable. Once again, the Federal Circuit had an opportunity to provide clarity when it granted en banc review in CLS Bank. The resulting opinion contained a cursory per curiam decision and numerous concurrences and dissents, showing that the question is far from answered. Ultimately, the struggle over software patentability is not itself the problem, but a symptom of other problems in the patent system. Specifically, other substantive requirements of patentability are not weeding out overly broad patents because …
Trends In Global Nanotechnology Regulation: The Public-Private Interplay, Reut Snir
Trends In Global Nanotechnology Regulation: The Public-Private Interplay, Reut Snir
Vanderbilt Journal of Entertainment & Technology Law
Over the last decade, concerns regarding potential exposure to nano materials gave rise to substantial new regulation intended to ensure safe development of nanotechnology applications. This Article examines the resultant regulatory system through empirical analysis of trends and patterns in global development of nanotechnology regulatory initiatives. It argues that rather than a government-driven process, it was private actors who set the regulatory wheels in motion. This Article shows that under conditions of scientific uncertainty, governments lacking technical and scientific knowledge to support risk-based regulation often leave a regulatory void. Consequently, businesses apply self-risk-management strategies to fill the gap, leading the …