Law Commons^™

Intellectual Property And Public Health - A White Paper, Ryan Vacca, James Ming Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine Van Tassel

Akron Intellectual Property Journal

On October 26, 2012, The University of Akron School of Law's Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants, and the subsequent evaluations of these suggestions and solutions.

Led by the moderator, participants at the Forum focused generally on three broad …

Injunctive Relief In The Itc Post Ebay, John F. Rabena, Kim E. Choate

Akron Intellectual Property Journal

The Supreme Court's decision in eBay Inc. v. MercExchange drastically changed the bargaining landscape for patent owners and accused infringers. Gone is the default threat of an injunction, at least for disputes that are limited to district court enforcement. Some expect the impact of eBay to usher patent owners to the U.S. International Trade Commission (ITC) in situations where jurisdiction can be met, because the ITC escapes eBay's mandate. But injunctive relief in the ITC is not foolproof. Both patent owners and accused infringers need to know the pitfalls that loom in the ITC's injunctive procedures.

The Written Description Requirement, Robert Greene Sterne, Patrick E. Garrett, Theodore A. Wood

Akron Law Review

It is now well accepted that this provision of the 1952 Patent Act (Patent Act) includes a written description requirement that is separate and distinct from the enablement requirement. Thus, a specification may enable one of ordinary skill to make or use a claimed invention, but still not adequately describe the invention in a way that the public knows that the inventor was in possession of the claimed invention at the time of filing the application. For example, a patent specification that discloses various patterns of eight wooden shingles, does not necessarily provide written description for a claim amendment that …