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Full-Text Articles in Law
Buying Teams, Andres Sawicki
Buying Teams, Andres Sawicki
Seattle University Law Review
The Sixth Annual Berle Symposium reflects on Margaret Blair and Lynn Stout’s classic article: A Team Production Theory of Corporate Law. Blair and Stout recast the modern law of public corporations through the lens of the team production theory of the firm. Here, I apply Blair and Stout’s insights—emphasizing the value of team production, independent monitors, and intellectual property rights—to a novel corporate transaction structure: the acqui-hire. In an acqui-hire, a publicly owned technology firm wants to add a start-up’s engineers. Instead of simply hiring them, though, it buys the start-up, discards most of its assets, and retains the start-up’s …
Inevitable Imbalance: Why Ftc V. Actavis Was Inadequate To Solve The Reverse Payment Settlement Problem And Proposing A New Amendment To The Hatch-Waxman Act, Rachel A. Lewis
Seattle University Law Review
The law regarding reverse payment settlements is anything but settled. Reverse payment settlements are settlements that occur during a patent infringement litigation in which a pharmaceutical patent holder pays a generic drug producer to not infringe on the pharmaceutical patent. Despite the recent decision by the United States Supreme Court in FTC v. Actavis, Inc., there are still unanswered questions about how the “full rule of reason” analysis will be applied to reverse payment. This Comment argues that despite the outcome in Actavis, the complex regulatory framework of the Hatch–Waxman Act will create repeated conflicts between antitrust law and patent …
Sweeping The E-Commerce Patent Minefield: The Need For A Workable Business Method Exception, William Krause
Sweeping The E-Commerce Patent Minefield: The Need For A Workable Business Method Exception, William Krause
Seattle University Law Review
This Comment will trace the history of patent protection for methods of doing business over the past two decades, then it will inspect the problems that this protection has wrought: litigation, increased barriers to e-commerce entrepreneurs, and the threat of a less vibrant electronic marketplace. Because each traditional method of protecting intellectual property -- patent, copyright, and trade secret -- has strengths and limitations in protecting advancements in software technology, this Comment will examine the relative benefits of each method. Finally, this Comment will suggest a simple, easily applied test that will offer patent protection to true innovations while reserving …