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4245 full-text articles. Page 1 of 93.

Therasense V. Becton Dickinson: A First Impression, Jason Rantanen, Lee Petherbridge 2016 Yale Law School

Therasense V. Becton Dickinson: A First Impression, Jason Rantanen, Lee Petherbridge

Jason Rantanen

This Article provides the first major analysis of the very recent en banc decision of the United States Court of Appeals for the Federal Circuit in the now famous Therasense v. Becton Dickinson. The doctrinal issue central to the case is inequitable conduct, a judicially created doctrine developed to punish patent applicants who behave inappropriately during patent prosecution, the ex parte process of patent creation. The core thesis of this Article is that Therasense could have a much more significant, complex, and nuanced impact on the legal infrastructure of American innovation than the opinion for the court appears to appreciate ...


Therasense V. Becton Dickinson: A First Impression, Jason Rantanen, Lee Petherbridge 2016 Yale Law School

Therasense V. Becton Dickinson: A First Impression, Jason Rantanen, Lee Petherbridge

Jason Rantanen

This Article provides the first major analysis of the very recent en banc decision of the United States Court of Appeals for the Federal Circuit in the now famous Therasense v. Becton Dickinson. The doctrinal issue central to the case is inequitable conduct, a judicially created doctrine developed to punish patent applicants who behave inappropriately during patent prosecution, the ex parte process of patent creation. The core thesis of this Article is that Therasense could have a much more significant, complex, and nuanced impact on the legal infrastructure of American innovation than the opinion for the court appears to appreciate ...


Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen 2016 University of Iowa College of Law

Recalibrating Our Empirical Understanding Of Inequitable Conduct, Jason Rantanen

Jason Rantanen

No abstract provided.


Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji 2016 University of British Columbia, Vancouver

Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji

Ikechi Mgbeoji

No abstract provided.


Judges As Film Critics: New Approaches To Filmic Evidence, Jessica M. Silbey 2016 Suffolk University

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica M. Silbey

Jessica Silbey

This Article exposes internal contradictions in case law concerning the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as "demonstrative evidence" that purports to illustrate other evidence, rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional testimony of live witnesses ...


Judges As Film Critics: New Approaches To Filmic Evidence, Jessica M. Silbey 2016 Suffolk University

Judges As Film Critics: New Approaches To Filmic Evidence, Jessica M. Silbey

Jessica Silbey

This Article exposes internal contradictions in case law concerning the use and admissibility of film as evidence. Based on a review of more than ninety state and federal cases dating from 1923 to the present, the Article explains how the source of these contradictions is the frequent miscategorization of film as "demonstrative evidence" that purports to illustrate other evidence, rather than to be directly probative of some fact at issue. The Article further demonstrates how these contradictions are based on two venerable jurisprudential anxieties. One is the concern about the growing trend toward replacing the traditional testimony of live witnesses ...


Uncle Sam Is Watching You: A Recommendation For Minnesota Legislation Regarding Police Drone Use, Joe R. Paquette 2016 Mitchell Hamline School of Law

Uncle Sam Is Watching You: A Recommendation For Minnesota Legislation Regarding Police Drone Use, Joe R. Paquette

Mitchell Hamline Law Review

No abstract provided.


No Need To Reinvent The Wheel: Why Existing Liability Law Does Not Need To Be Preemptively Altered To Cope With The Debut Of The Driverless Car, Jeremy Levy 2016 Pepperdine University

No Need To Reinvent The Wheel: Why Existing Liability Law Does Not Need To Be Preemptively Altered To Cope With The Debut Of The Driverless Car, Jeremy Levy

The Journal of Business, Entrepreneurship & the Law

First, in part I, this article seeks to explore the background of driverless vehicles, including their history, the technology involved, and general issues and potential problems that may arise from these vehicles entering the market. In part II, the article will discuss existing regulations already in place for autonomous driverless vehicles in both state and federal law. Part III will examine two proposals, those for additional laws, or for the adaptation of existing laws to create new liability schemes, and how most of these proposals are either inadequate or overbroad. Part IV will examine liability waiver for accidents, strict liability ...


Is Copyright Evolving Or Mutating? What American Broadcasting Cos. V. Aereo, Inc. Says About U.S. Copyright Law In The Twenty-First Century, Allison Davenport 2016 Pepperdine University

Is Copyright Evolving Or Mutating? What American Broadcasting Cos. V. Aereo, Inc. Says About U.S. Copyright Law In The Twenty-First Century, Allison Davenport

The Journal of Business, Entrepreneurship & the Law

In this article, I will look in-depth at the case of American Broadcasting Cos. v. Aereo, Inc. (Aereo). Aereo centers on an alleged infringement of American Broadcasting Company's (ABC)'s public performance right that was achieved through a complicated technological process meant to circumvent the law. In its opinion, the Supreme Court of the United States tries to stretch the language of the Copyright Act to apply to new technology by analogizing it with more familiar processes, while the dissent calls for reform to come from Congress, not the courts. Before my discussion of the Aereo decision, I will ...


An Alternate Functionality Reality, Harold R. Weinberg 2016 University of Kentucky College of Law

An Alternate Functionality Reality, Harold R. Weinberg

Journal of Intellectual Property Law

The Supreme Court last addressed trade dress law’s functionality doctrine in TrafFix Devices, Inc. v. Marketing Displays, Inc. decided in 2001. This article applies content analysis to data from post-TrafFix functionality cases to provide insights concerning the functionality doctrine. It emphasizes data from cases concerning motions for summary judgment and preliminary injunction. The analysis employs two conceptual constructs: a “useful/aesthetic continuum” and “mixed-character” design features. The article also considers data in light of a “two-bar mandate” and two principles: “useful-scarcity” and “aesthetic-abundance.” It concludes with observations concerning the post-TrafFix functionality doctrine and suggestions for improving its ...


Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon 2016 Southern University Law Center

Confusion Codified: Why Trademark Remedies Make No Sense, Mark A. Thurmon

Journal of Intellectual Property Law

No abstract provided.


Weather Modification: A Modest Proposal, Lawrence A. Weirs 2016 University of Georgia School of Law

Weather Modification: A Modest Proposal, Lawrence A. Weirs

Georgia Journal of International & Comparative Law

No abstract provided.


It Stands To Reason: An Argument For Article Iii Standing Based On The Threat Of Future Harm In Data Breach Litigation, John Biglow 2016 University of Minnesota Law School

It Stands To Reason: An Argument For Article Iii Standing Based On The Threat Of Future Harm In Data Breach Litigation, John Biglow

Minnesota Journal of Law, Science & Technology

No abstract provided.


Decline Of Dosage Regimen Patents In Light Of Emerging Next-Generation Dna Sequencing Technology And Possible Strategic Responses, Na An 2016 University of Minnesota - Twin Cities

Decline Of Dosage Regimen Patents In Light Of Emerging Next-Generation Dna Sequencing Technology And Possible Strategic Responses, Na An

Minnesota Journal of Law, Science & Technology

No abstract provided.


Generic Pharmaceuticals And The "Unfortunate Hand" Dealt To Harmed Consumers: The Emerging State Court Resistance, Arlen W. Langvardt 2016 Indiana University

Generic Pharmaceuticals And The "Unfortunate Hand" Dealt To Harmed Consumers: The Emerging State Court Resistance, Arlen W. Langvardt

Minnesota Journal of Law, Science & Technology

No abstract provided.


3d Printers, Physical Viruses, And The Regulation Of Cloud Supercomputing In The Era Of Limitless Design, Peter Jensen-Haxel 2016 University of Minnesota Law School

3d Printers, Physical Viruses, And The Regulation Of Cloud Supercomputing In The Era Of Limitless Design, Peter Jensen-Haxel

Minnesota Journal of Law, Science & Technology

No abstract provided.


Remarks On 3d Printing, Free Speech, And Lochner, Kyle Langvardt 2016 University of Detroit Mercy School of Law

Remarks On 3d Printing, Free Speech, And Lochner, Kyle Langvardt

Minnesota Journal of Law, Science & Technology

No abstract provided.


Guns, Limbs, And Toys: What Future For 3d Printing?, Adam D. Thierer, Adam Marcus 2016 University of Minnesota Law School

Guns, Limbs, And Toys: What Future For 3d Printing?, Adam D. Thierer, Adam Marcus

Minnesota Journal of Law, Science & Technology

No abstract provided.


Intellectual Property And Additive Manufacturing / 3d Printing: Strategies And Challenges Of Applying Traditional Ip Laws To A Transformative Technology, Bryan J. Vogel 2016 University of Minnesota Law School

Intellectual Property And Additive Manufacturing / 3d Printing: Strategies And Challenges Of Applying Traditional Ip Laws To A Transformative Technology, Bryan J. Vogel

Minnesota Journal of Law, Science & Technology

No abstract provided.


Possession Is 99% Of The Law: 3d Printing, Public Domain Cultural Artifacts And Copyright, Charles Cronin 2016 USC Gould School of Law

Possession Is 99% Of The Law: 3d Printing, Public Domain Cultural Artifacts And Copyright, Charles Cronin

Minnesota Journal of Law, Science & Technology

No abstract provided.


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