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Full-Text Articles in Science and Technology Law
Founding A New Journal In The Age Of Electronic Law, 1 J. Marshall Rev. Intell. Prop. L. 1 (2001), Paul R. Michel
Founding A New Journal In The Age Of Electronic Law, 1 J. Marshall Rev. Intell. Prop. L. 1 (2001), Paul R. Michel
UIC Review of Intellectual Property Law
No abstract provided.
The California Gold Rush And The Model Rules: Do The Prospectors Have Sufficient Guidance?, 1 J. Marshall Rev. Intell. Prop. L. 109 (2001), Tony Goodman
UIC Review of Intellectual Property Law
The economic climate that existed in Silicon Valley in the mid to late 1990’s made prevalent the practice of receiving equity in a client in lieu of a legal fee, i.e. prospecting. This practice potentially impacts three of the Model Rules of Professional Conduct: 1.8(a), 1.7(b), and 1.5. None of these Rules gives the lawyer clear guidance in this situation. Because this arrangement has become an accepted alternative billing practice, this Comment proposes two amendments to the Model Rules to more clearly address the issues that arise when a lawyer accepts shares of stock in lieu of a legal fee.
The Uspto's New Utility Guidelines: Will They Be Enough To Secure Patent Protection In Biotech?, 1 J. Marshall Rev. Intell. Prop. L. 142 (2001), Anna E. Morrison
The Uspto's New Utility Guidelines: Will They Be Enough To Secure Patent Protection In Biotech?, 1 J. Marshall Rev. Intell. Prop. L. 142 (2001), Anna E. Morrison
UIC Review of Intellectual Property Law
This Comment examines the newly revised PTO utility examination guidelines for biotechnology patents. The race for patenting human genes is well underway. When complete sequences of human genes are found, researchers have been quick to seek patents. This “patent grab” has been driven less by the expectation that a particular gene sequence will result in production of a useful protein and more by the idea that enough patenting will create a protectable “haystack” in which one will find a few “genetic needles of value.” The new utility guidelines may not completely aid the underlying and fundamental policies on patenting. While …
Rock And Roll Royalties, Copyrights And Contracts Of Adhesion: Why Musicians May Be Chasing Waterfalls, 1 J. Marshall Rev. Intell. Prop. L. 163 (2001), Starr Nelson
UIC Review of Intellectual Property Law
Copyrights form the basis of every recording contract. When a recording artist signs his or her first recording contract, the artist retains the copyright in the musical work but transfers ownership of the sound recording to the record company. With respect to any subsequent recording contract, the artist is not on equal bargaining footing with the record company because the record company already owns certain copyrights in the previous recording. This Comment proposes that courts recognize this unequal bargaining power when construing what is, in effect, a contract of adhesion.
When A Patent Claim Is Broader Than The Disclosure: The Federal Circuit's Game Has No Rules, 1 J. Marshall Rev. Intell. Prop. L. 21 (2001), Robert L. Harmon
When A Patent Claim Is Broader Than The Disclosure: The Federal Circuit's Game Has No Rules, 1 J. Marshall Rev. Intell. Prop. L. 21 (2001), Robert L. Harmon
UIC Review of Intellectual Property Law
The Federal Circuit has become much less willing to enforce a claim that is broader than the specific embodiments described in the patent. Unfortunately, its decisions provide no guidelines for identifying such situations. Nor is the court consistent in its attacks on the problem. Sometimes it simply construes the claim as limited to the specific embodiment and finds no infringement. Sometimes it invalidates the claim for want of an adequate written description or for insufficient scope of enablement. It is suggested that a careful use of the reverse doctrine of equivalents would create stability and predictability with respect to this …
The Inherent Limitations Doctrine: How The Specification May Inherently Limit The Scope Of The Claims, 1 J. Marshall Rev. Intell. Prop. L. 124 (2001), Adam G. Kelly
UIC Review of Intellectual Property Law
In several recent decisions, the United States Court of Appeals for the Federal Circuit has established that a patentee’s express words, as disclosed in the specification, may be read into the claims to limit the scope of the invention. In addition, the Federal Circuit in Scimed and Bell Atlantic has held that not only may a patentee explicitly limit a claim term in the specification, but she may also do so “by implication.” Thus, a specification may inherently limit the scope of a claimed invention constituting what the author calls the “inherent limitations doctrine.” This new wrinkle in claim interpretation …
At Sea In A Black Box: Charting A Clearer Course For Juries Through The Perilous Straits Of Patent Invalidity, 1 J. Marshall Rev. Intell. Prop. L. 3 (2001), Janice M. Mueller
At Sea In A Black Box: Charting A Clearer Course For Juries Through The Perilous Straits Of Patent Invalidity, 1 J. Marshall Rev. Intell. Prop. L. 3 (2001), Janice M. Mueller
UIC Review of Intellectual Property Law
When jurors decide whether a putative patent infringer is liable under the doctrine of equivalents, Federal Circuit law requires that the patent owner’s trial presentation provide “particularized evidence” and “linking argument” with respect to each prong of the classic tripartite test for liability (i.e., substantial identity of “function,” “way,” and “result” between each element of the claimed invention and accused device). The court has recognized that absent such evidentiary roadmapping, jurors are “put to sea without guiding charts.” In its August 2001 decision in Monsanto Co. v. Mycogen Plant Science, Inc., the Federal Circuit refused to extend this same evidentiary …
Remedies For Patent Infringement: A Comparative Study Of U.S. And Chinese Law, 1 J. Marshall Rev. Intell. Prop. L. 35 (2001), Guangliang Zhang
Remedies For Patent Infringement: A Comparative Study Of U.S. And Chinese Law, 1 J. Marshall Rev. Intell. Prop. L. 35 (2001), Guangliang Zhang
UIC Review of Intellectual Property Law
Compared with the long history of U.S. patent law, Chinese patent law is still in its infancy. Nevertheless, there are similarities between the two laws in terms of remedies available for patent infringement. Both provide injunctive relief, damages and provisional rights remedies. Nevertheless, in granting each remedy, there are some differences. China has made consistent efforts to upgrade its patent laws to provide patent owners with adequate remedies. However there is still large room for improvement in the standards for granting preliminary injunctions, and in determining lost profits and reasonable royalties. Additionally, the Supreme Court of China should reconsider the …
Festo: A Jurisprudential Test For The Supreme Court?, 1 J. Marshall Rev. Intell. Prop. L. 69 (2001), James E. Hopenfeld
Festo: A Jurisprudential Test For The Supreme Court?, 1 J. Marshall Rev. Intell. Prop. L. 69 (2001), James E. Hopenfeld
UIC Review of Intellectual Property Law
This article contends that the Federal Circuit's decision in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., now on review before the United States Supreme Court, is more than just a controversial patent case. Festo raises, in addition, important issues with respect to stare decisis and the power and authority of the Federal Circuit and appeals courts in general. The jurisprudential issues raised by Festo are revealed by an analysis of the different methods used by the Federal Circuit majority on one hand, and Judge Michel's dissent on the other, in applying Supreme Court precedent to reach a legal conclusion. …