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Articles 31 - 51 of 51
Full-Text Articles in Law
Preliminary Injunctions Post-Mayo And Myriad, Jacob S. Sherkow
Preliminary Injunctions Post-Mayo And Myriad, Jacob S. Sherkow
Articles & Chapters
The Supreme Court's recent interest in patentable subject matter has had several, unexpected downstream effects on preliminary injunctions in patent disputes.
The Supreme Court has recently expressed increased interest in patent eligibility, or patentable subject matter, the doctrine that limits the types of inventions eligible for patenting. Its two decisions, Mayo Collaborative Services v. Prometheus Laboratories, Inc., in 2012, and Association for Molecular Pathology v. Myriad Genetics, Inc., in 2013, represented the first broad restrictions on patentable subject matter in over thirty years. And later this term, the Court will decide yet another patent eligibility case: Alice Corp. v. CLS …
Federal Trade Commission V. Actavis, Inc. And Reverse-Payment Or Pay-For-Delay Settlements, Jacob S. Sherkow
Federal Trade Commission V. Actavis, Inc. And Reverse-Payment Or Pay-For-Delay Settlements, Jacob S. Sherkow
Articles & Chapters
An imminent US Supreme Court ruling should resolve one of the thorniest legal issues facing pharmaceutical companies today.
What If Extinction Is Not Forever?, Jacob S. Sherkow
What If Extinction Is Not Forever?, Jacob S. Sherkow
Other Publications
No abstract provided.
And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow
And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow
Articles & Chapters
The Mayo Court's novel test for patent eligibility — whether or not an invention involves “well-understood, routine, conventional activity, previously engaged in by researchers in the field” — focuses on how an invention is accomplished rather than what an invention is. That concern with the method of invention poses several normative, statutory, and administrative difficulties. Taken seriously, the “how” requirement will likely have broad effects across all levels of patent practice.
Patent Infringement As Criminal Conduct, Jacob S. Sherkow
Patent Infringement As Criminal Conduct, Jacob S. Sherkow
Articles & Chapters
Criminal and civil law differ greatly in their use of the element of intent. The purposes of intent in each legal system are tailored to effectuate very different goals. The Supreme Court’s recent decision in Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011), however, imported a criminal concept of intent — willful blindness — into the statute for patent infringement, a civil offense, despite these differences. This importation of a criminal law concept of intent into the patent statute is novel and calls for examination. This Article compares the purposes behind intent in criminal law with the …
Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz
Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
Three Statutory Regimes At Impasse: Reverse Payments In Pay-For-Delay Settlement Agreements Between Brand-Name And Generic Drug Companies, Rudolph J.R. Peritz
Three Statutory Regimes At Impasse: Reverse Payments In Pay-For-Delay Settlement Agreements Between Brand-Name And Generic Drug Companies, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
Negativing Invention, Jacob S. Sherkow
Negativing Invention, Jacob S. Sherkow
Articles & Chapters
Since 1952, the patent statute has forbidden courts from discriminating against, or “negativing,” inventions according to how they were made, be it “long toil and experimentation” or a “flash of genius.” Now, in addressing whether an invention is “obvious,” courts must only examine whether the invention was obvious according to the arts pertinent to that invention — the “analogous” rather than “nonanalogous” arts. This article shows that this dichotomy has actually promoted method-of-invention discrimination in patent law because the subjectivity of the analogous art inquiry has increasingly “analogized” wide fields of prior art as technology has progressed. This, in turn, …
The Microsoft Chronicles, Rudolph J.R. Peritz
The Microsoft Chronicles, Rudolph J.R. Peritz
Articles & Chapters
No abstract provided.
Compulsory Licensing Vs. Private Negotiations In Peer-To-Peer File Sharing, Michael Botein, Edward Samuels
Compulsory Licensing Vs. Private Negotiations In Peer-To-Peer File Sharing, Michael Botein, Edward Samuels
Articles & Chapters
No abstract provided.
Peer To Peer Meets The World Of Legal Information: Encountering A New Paradigm, Ethan Katsh, Beth Simone Noveck
Peer To Peer Meets The World Of Legal Information: Encountering A New Paradigm, Ethan Katsh, Beth Simone Noveck
Articles & Chapters
The authors describe a proposed system for patent application reviews that uses new technologies to access information-community peer reviews. By allowing examiners to "mine for data" in the heads of experts rather than in libraries or databases, the proposal illustrates how new technology could change the boundaries of legally authoritative and relevant information and make it possible to identify legitimate authority from new sources.
Compulsory Licenses In Peer-To-Peer File Sharing: A Workable Solution?, Michael Botein, Edward Samuels
Compulsory Licenses In Peer-To-Peer File Sharing: A Workable Solution?, Michael Botein, Edward Samuels
Articles & Chapters
No abstract provided.
Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck
Peer To Patent: Collective Intelligence And Intellectual Property Reform, Beth Simone Noveck
Articles & Chapters
No abstract provided.
Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For On-Line Identity, Beth Simone Noveck
Trademark Law And The Social Construction Of Trust: Creating The Legal Framework For On-Line Identity, Beth Simone Noveck
Articles & Chapters
Trust is the foundation of society for without trust, we cannot cooperate. Trust, in turn, depends upon secure, reliable, and persistent identity. Cyberspace is thought to challenge our ability to build trust because the medium undermines the connection between online pseudonym and offline identity. We have no assurances of who stands behind an online avatar; it may be one person, it may be more, it may be a computer. The legal debate to date has focused exclusively on the question of how to maintain real world identity in cyberspace. But new "social software" technology that enables communities from eBay to …
Introduction: The State Of Play, Beth Simone Noveck
Introduction: The State Of Play, Beth Simone Noveck
Articles & Chapters
No abstract provided.
Begged, Borrowed Or Stolen: Whose Art Is It, Anyway - An Alternative Solution Of Fine Art Licensing, Judith Bresler
Begged, Borrowed Or Stolen: Whose Art Is It, Anyway - An Alternative Solution Of Fine Art Licensing, Judith Bresler
Articles & Chapters
Part II
Testimony: Joint Hearing On H.R. 4263 & S. 2370, Roger J. Miner '56
Testimony: Joint Hearing On H.R. 4263 & S. 2370, Roger J. Miner '56
Intellectual Property
No abstract provided.
Exploiting Stolen Text: Fair Use Or Foul Play?, Roger J. Miner '56
Exploiting Stolen Text: Fair Use Or Foul Play?, Roger J. Miner '56
Intellectual Property
No abstract provided.
New Copyright Act & Cable Television: A Signal Of Change, Michael Botein
New Copyright Act & Cable Television: A Signal Of Change, Michael Botein
Articles & Chapters
No abstract provided.
Copyrights: Introduction, Michael Botein
Do Art Exhibitions Destroy Common-Law Copyright In Works Of Art, Randolph N. Jonakait
Do Art Exhibitions Destroy Common-Law Copyright In Works Of Art, Randolph N. Jonakait
Articles & Chapters
No abstract provided.