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Intellectual Property Law

New York Law School

2011

Patent

Articles 1 - 5 of 5

Full-Text Articles in Law

Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi Jan 2011

Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi

NYLS Law Review

No abstract provided.


Software Wars: The Patent Menace, Andrew Nieh Jan 2011

Software Wars: The Patent Menace, Andrew Nieh

NYLS Law Review

No abstract provided.


Negativing Invention, Jacob S. Sherkow Jan 2011

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, …


Three Statutory Regimes At Impasse: Reverse Payments In Pay-For-Delay Settlement Agreements Between Brand-Name And Generic Drug Companies, Rudolph J.R. Peritz Jan 2011

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.


Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz Jan 2011

Competition Within Intellectual Property Regimes: The Instance Of Patent Rights, Rudolph J.R. Peritz

Articles & Chapters

No abstract provided.