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Articles 1 - 2 of 2
Full-Text Articles in Law
Food For Thought: Genetically Modified Seeds As De Facto Standard Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan G. Vacca
Food For Thought: Genetically Modified Seeds As De Facto Standard Essential Patents, Benjamin M. Cole, Brent J. Horton, Ryan G. Vacca
Akron Law Faculty Publications
For several years, courts have been improperly calculating damages in cases involving the unlicensed use of genetically-modified (GM) seed technology. In particular, when courts determine patent damages based on the hypothetical negotiation method, they err in exaggerating these damages to a point where no rational negotiator would agree. In response, we propose a limited affirmative defense of an implied license due to the patent’s status as a de facto standard essential patent. To be classified as a de facto standard essential patent, the farmer must prove three elements that reflect the peculiarities of GM seeds used in farming: (1) dominance, …
The Farmer In Chief: Obama's Local Food Legacy, Sarah J. Morath
The Farmer In Chief: Obama's Local Food Legacy, Sarah J. Morath
Akron Law Faculty Publications
As criticism over America’s food policy has grown, many scholars have offered suggestions for reform. Complementing this body of scholarship, The Farmer In Chief identifies and assesses recent changes to federal laws and policies as they affect ‘local food’ and describes local farmers’ awareness of and reaction to these changes. These changes and the farmers’ responses show greater recognition of local food by the President and federal government in three ways: increased inclusion of local food in legislation and policy discussions; increased awareness of the benefits of local food production and consumption; and increased consumer access to local food. But …