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Patenting By Entrepreneurs: An Empirical Study, Ted Sichelman, Stuart J.H. Graham 2010 University of San Diego School of Law

Patenting By Entrepreneurs: An Empirical Study, Ted Sichelman, Stuart J.H. Graham

Michigan Technology Law Review

[T]he Ewing Marion Kauffman Foundation--an organization that studies and promotes entrepreneurship in the United States--funded an effort at the University of California, Berkeley School of Law, to undertake the first comprehensive survey of the relationship between patenting and entrepreneurship in the United States. The authors, along with other investigators, administered the survey in 2008 to approximately 15,000 startup and early-stage companies in the biotechnology, medical device, information technology (IT) hardware, and software and Internet sectors. A portion of the survey examined why entrepreneurs, startups, and early-stage companies do (and do not) seek patents. This Article reports and analyzes ...


Media-Rich Input Application Liability, David R. Krohn, Pekarek 2010 University of Michigan Law School

Media-Rich Input Application Liability, David R. Krohn, Pekarek

Michigan Technology Law Review

Until recently, media-rich online interactions were mostly unidirectional: multimedia content was delivered by the service provider to the user. Input from the user came almost exclusively in the form of text. Even when searching the Internet for images or audio, a user typically entered text into a search engine. In addition, search engines indexed multimedia content by analyzing not the content itself but the text surrounding it. This is rapidly changing. With the rise of multimedia-capable smartphones and wireless broadband, applications that allow users to search using non-textual inputs are quickly becoming popular. These applications go much further than simply ...


Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance 2010 University of Michigan Law School

Not So Technical: An Analysis Of Federal Circuit Patent Decisions Appealed From The Itc, Holly Lance

Michigan Technology Law Review

A widespread perception among the patent law community is that the patent system would be more effective if judges with technical backgrounds and patent law experience decided patent disputes. Proponents believe that if judges all had similar baseline knowledge of technological analysis, there would be more consistency in decision-making, leading to more predictability for parties. Some district courts have unofficially become semi-specialized in patent law disputes, and Congress is debating whether to institute a more formalized Patent Pilot Program in which district court judges specialize in patent law cases. This Note joins the debate and examines patent law cases at ...


The Time And Place For "Technology-Shifting" Rights, Max Oppenheimer 2010 University of Baltimore School of Law

The Time And Place For "Technology-Shifting" Rights, Max Oppenheimer

All Faculty Scholarship

Intellectual property policy requires balance between the goal of motivating innovation and the need to prevent that motivation from stifling further innovation. The constitutional grant of congressional power to motivate innovation by securing "for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" is qualified by the requirement that congressional enactments under the Intellectual Property Clause "promote progress."

The speed of technological change, particularly in the converging fields of computer software, music, video, television, and communications, coupled with the power of technology industry lobbying, have left the statutory balance tilted in favor of rewarding ...


The Sitting Ducks Of Securities Class Action Litigation: Bio-Pharmas And The Need For Improved Evaluation Of Scientific Data, Stuart R. Cohn, Erin M. Swick 2010 University of Florida Levin College of Law

The Sitting Ducks Of Securities Class Action Litigation: Bio-Pharmas And The Need For Improved Evaluation Of Scientific Data, Stuart R. Cohn, Erin M. Swick

UF Law Faculty Publications

Rule 10b-5, a powerful weapon against any publicly-listed company whose share price drops on adverse news, is particularly skewed against pharmaceutical and other bio-technology companies (bio-pharmas). It is not a coincidence that there is a disproportionate number of class actions filed against bio-pharmas. The volume and complexity of data underlying most bio-pharma cases create enormous outcome uncertainties, settlement pressures, and potentially huge contingent liabilities over substantial periods of time. The vulnerability and risks that bio-pharmas face in Rule 10b-5 class actions are unique among all publicly-traded industries, yet many cases proceed along traditional grounds without courts employing either their statutory ...


The Exportability Of The Principles Of Software: Lost In Translation, Michael L. Rustad, Maria Vittoria Onufrio 2010 University of California, Hastings College of the Law

The Exportability Of The Principles Of Software: Lost In Translation, Michael L. Rustad, Maria Vittoria Onufrio

Hastings Science and Technology Law Journal

The American Law Institute approval of The Principles of Software Contracts is a significant milestone in the history of software law. The project began in 2004 because of the flaws of the Uniform Computer Information Transactions Act concerning this issue, problems strengthened by the widely held perception that the law at the time was "undeveloped, confused, and conflicting." Software licensing is presently America's third largest industry and has suffered from the mechanical extension of the law of sales to software over the last forty years, much like courts imported "horse and buggy law" to resolve problems posed by the ...


Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie E. Zink 2010 University of California, Hastings College of the Law

Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie E. Zink

Hastings Science and Technology Law Journal

The law is clear that it is the plaintiff-patentee's burden to prove both infringement and damages. It is unclear, however, in cases involving inconsistent manufacturing techniques, what level of evidence is required to meet this burden and when, if at all, such burden should pass to the defendant-infringer to provide rebuttal evidence. One consideration in this analysis is when findings of infringement can extend to the entire product line. Another matter considered in this paper is how the court deals with the confusion of goods and the commingling of records. This Article examines the various patent doctrines that may ...


The Role Of The Subconscious In Intellectual Property Law, Robin Feldman 2010 University of California, Hastings College of the Law

The Role Of The Subconscious In Intellectual Property Law, Robin Feldman

Hastings Science and Technology Law Journal

Human behavior stems from a fascinating tangle of conscious and subconscious impulses. Issues resulting from this combination can become relevant in a wide variety of legal contexts, including choosing where to place a burden or whom to hold liable. These nuances are particularly important in intellectual property, as much of it stems from the human mind as it interacts with the natural world as well as previous creations. This piece will consider how Intellectual Property law handles subconscious impulses on the part of participants in the system. Looking at examples from Copyright, Trade Secret, and Patent law, this Article argues ...


Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges, Michael I. Meyerson, William Meyerson 2010 University of Baltimore School of Law

Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges, Michael I. Meyerson, William Meyerson

All Faculty Scholarship

This article will explore several areas in which judges, hampered by their mathematical ignorance, have permitted numerical analysis to subvert the goals of our legal system. In Part II, I will examine the perversion of the presumption of innocence in paternity cases, where courts make the counter-factual assumption that regardless of the evidence, prior to DNA testing, a suspect has a 50/50 chance of being the father. In Part III, I will explore the unnecessary injection of race into trials involving the statistics of DNA matching, even when race is entirely irrelevant to the particular case. Next, in Part ...


C.S.I. Bulls#!T: The National Academy Of Sciences, Melendedez-Diaz V. Massachusetts, And Future Challenges To Forensic Science And Forensic Evidence,, Joelle A. Moreno 2010 Florida International University College of Law

C.S.I. Bulls#!T: The National Academy Of Sciences, Melendedez-Diaz V. Massachusetts, And Future Challenges To Forensic Science And Forensic Evidence,, Joelle A. Moreno

Faculty Publications

No abstract provided.


A Brief History Of The Commercial Speech Doctrine (With Some Implications Tobacco Regulation), Ashutosh Bhagwat 2010 University of California, Hastings College of the Law

A Brief History Of The Commercial Speech Doctrine (With Some Implications Tobacco Regulation), Ashutosh Bhagwat

Hastings Science and Technology Law Journal

The passage of the Family Smoking Prevention and Tobacco Control Act of 2009 delegated substantial new responsibility to the U.S. Food & Drug Administration. Charged with implementation of the Act, the Food & Drug Administration issued a call for public comment on what approaches to take. The University of California, Hastings College of the Law hosted a symposium on the topic in August 2009, at which Professor Ashutosh Bhagwat gave commentary on the areas of tobacco advertising and marketing. This essay is based upon Professor Bhagwat's remarks at this event. Tracing the Supreme Court's jurisprudence of the commercial speech ...


State And Local Policy As A Tool To Complement And Supplement The Fda Law, Leslie Zellers, Ian McLaughlin 2010 University of California, Hastings College of the Law

State And Local Policy As A Tool To Complement And Supplement The Fda Law, Leslie Zellers, Ian Mclaughlin

Hastings Science and Technology Law Journal

With the recent passage of the Family Smoking Prevention and Tobacco Control Act of 2009, the U.S. Food and Drug Administration now has the authority to regulate tobacco sales, marketing, and use. Though this law is a beneficial step, some gaps remain. There are significant merits to state and local governments enacting local laws to fill these gaps. State and local governments can also effectively partner with the Food and Drug Administration in enforcing various provisions of the law. There are a great deal of local policy options available to state and local governments. This Article provides both recommendations ...


Masthead, Volume 1 Issue 2 (2010) 2010 Case Western Reserve University School of Law

Masthead, Volume 1 Issue 2 (2010)

Journal of Law, Technology, & the Internet

No abstract provided.


Claiming The Glass Slipper: The Protection Of Folklore As Traditional Knowledge, Michael Jon Andersen 2010 Case Western Reserve University School of Law

Claiming The Glass Slipper: The Protection Of Folklore As Traditional Knowledge, Michael Jon Andersen

Journal of Law, Technology, & the Internet

No abstract provided.


The Citation Of Wikipedia In Judicial Opinions, Lee F. Peoples 2010 Yale Law School

The Citation Of Wikipedia In Judicial Opinions, Lee F. Peoples

Yale Journal of Law and Technology

Wikipedia has been cited in over four hundred American judicial opinions. Courts have taken judicial notice of Wikipedia content, based their reasoning on Wikipedia entries, and decided dispositive motions on the basis of Wikipedia content. The impermanent nature of Wikipedia entries and their questionable quality raises a number of unique concerns. To date, no law review article has comprehensively examined the citation of Wikipedia in judicial opinions or considered its long-range implications for American law. This article reports the results of an exhaustive study examining every American judicial opinion that cites a Wikipedia entry. The article begins with a discussion ...


Leaving Room For Research: The Historical Treatment Of The Common Law Research Exemption In Congress And The Courts, And Its Relationship To Biotech Law And Policy, Maureen E. Boyle 2010 Yale Law School

Leaving Room For Research: The Historical Treatment Of The Common Law Research Exemption In Congress And The Courts, And Its Relationship To Biotech Law And Policy, Maureen E. Boyle

Yale Journal of Law and Technology

The recent suit over the validity of gene patents between the American Civil Liberties Union and Myriad Genetics has highlighted the troubling ways in which patents may be interfering with the willingness of scientists and companies to engage in basic biotechnology research on matters of vital importance to human health and disease. Many scholars have argued for a legislative research exemption to protect this sort of research. Theoretically, the common law already contains an exemption to protect certain uses of a patented product from being deemed patent infringement. This Article evaluates the history of the common law research exemption alongside ...


It's My News Too! Online Journalism And Discriminatory Access To The Congressional Periodical Press Gallery, Ryan B. Witte 2010 Yale Law School

It's My News Too! Online Journalism And Discriminatory Access To The Congressional Periodical Press Gallery, Ryan B. Witte

Yale Journal of Law and Technology

Despite its three hundred year existence, the American newspaper is being devastated as the Internet becomes the go-to source for news. Despite the rise in Internetjournalism, the sharp increase in online readership, and the precipitous drop in the number of print newspapers, policymakers still have a dismissive attitude toward alternative news sources. Such attitudes must change. In particular, the government should give online-only journalists increased access to the Galleries of the House of Representatives, the Senate, and other state-owned facilities where mainstream journalists are permitted. With a world-wide audience of millions of readers, Congress and the courts can no longer ...


Cyber Fatwās And Classical Islamic Jurisprudence, 27 J. Marshall J. Computer & Info. L. 577 (2010), Derek John Illar 2010 John Marshall Law School

Cyber Fatwās And Classical Islamic Jurisprudence, 27 J. Marshall J. Computer & Info. L. 577 (2010), Derek John Illar

The John Marshall Journal of Information Technology & Privacy Law

The first section of this paper will explain what fatwâs are, why they are important, and what is the relationship between fatwâs and the Islamic judiciary. This section will also address who can issue such opinions and how scholars reach their conclusions. In the second part of this paper, I will explore the recent emergence of cyber fatwâs. This section specifically will focus on how Muslims have used this medium and how fatwâs have manifested themselves therein. The third portion of this paper will identity the problems that cyber fatwâs create and why they fail to comport with particular tenets ...


Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie Zink 2010 University of Dayton

Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie Zink

School of Law Faculty Publications

No abstract provided.


Neuroscience And The Free Exercise Of Religion, Steven Goldberg 2010 Georgetown University Law Center

Neuroscience And The Free Exercise Of Religion, Steven Goldberg

Georgetown Law Faculty Publications and Other Works

Recent developments in neuroscience that purport to reduce religious experience to specific parts of the brain will not diminish the fundamental cultural or legal standing of religion. William James debunked this possibility in The Varieties of Religious Experience (1902) when he noted that “the organic causation of a religious state of mind” no more refutes religion than the argument that scientific theories are so caused refutes science. But there will be incremental legal change in areas like civil commitment where judges must sometimes distinguish between mental disorder and religious belief. The paradox is that the ecstatic religious experience of unorthodox ...


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