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Articles 1 - 18 of 18
Full-Text Articles in Law
Recalibrating Patent Venue, Colleen V. Chien, Michael Risch
Recalibrating Patent Venue, Colleen V. Chien, Michael Risch
Maryland Law Review
For most of patent law’s 200-plus year history, patent holders could sue only in the district inhabited by the defendant. In 1990, the United States Court of Appeals for the Federal Circuit decided that the scope of permissible venue extended to all districts with personal jurisdiction over the defendant. In recent years, patentees have flocked to certain districts, fueling the widespread perception that patentees, particularly those that do not practice their patents, called non-practicing entities (“NPEs”), are abusing forum. Responsive to these concerns, Congress and the courts have moved to reinstate a more restrictive rule, culminating in the Supreme Court’s …
Commil Usa, Llc V. Cisco Systems: Joining Policy And Prose To Foster A Good Faith Analysis, Theresa E. Durante
Commil Usa, Llc V. Cisco Systems: Joining Policy And Prose To Foster A Good Faith Analysis, Theresa E. Durante
Maryland Law Review Online
No abstract provided.
Enabling Patentless Innovation, Clark D. Asay
Enabling Patentless Innovation, Clark D. Asay
Maryland Law Review
No abstract provided.
Princo Corp. V. Int'l Trade Comm'n: Patent Misuse No Longer A Deterrent To Anticompetitive Behavior In The Group Venture Context, Brian D. Hill
Princo Corp. V. Int'l Trade Comm'n: Patent Misuse No Longer A Deterrent To Anticompetitive Behavior In The Group Venture Context, Brian D. Hill
Journal of Business & Technology Law
No abstract provided.
Patent Claim Obviousness In Jury Trials: Where's The Analysis?, Wesley A. Demory
Patent Claim Obviousness In Jury Trials: Where's The Analysis?, Wesley A. Demory
Journal of Business & Technology Law
No abstract provided.
Patenting Genes And Genetic Methods: What's At Stake?, Eileen M. Kane
Patenting Genes And Genetic Methods: What's At Stake?, Eileen M. Kane
Journal of Business & Technology Law
No abstract provided.
The Geneticists' Approach To Bilski, Joann A. Boughman, Kyle M. Brown
The Geneticists' Approach To Bilski, Joann A. Boughman, Kyle M. Brown
Journal of Business & Technology Law
No abstract provided.
Facilitating Patient Access To Patent-Protected Genetic Testing, Janice M. Mueller
Facilitating Patient Access To Patent-Protected Genetic Testing, Janice M. Mueller
Journal of Business & Technology Law
No abstract provided.
Implementation, Or The Possible Lack Thereof, Of The Bilski Supreme Court Decision, Abby Bhattacharyya
Implementation, Or The Possible Lack Thereof, Of The Bilski Supreme Court Decision, Abby Bhattacharyya
Journal of Business & Technology Law
No abstract provided.
Privilege-Wise And Patent (And Trade-Secret)-Foolish?: How The Courts' Misapplication Of The Military And State Secrets Privilege Violates The Constitution And Endangers National Security, Davida H. Isaacs, Robert M. Farley
Privilege-Wise And Patent (And Trade-Secret)-Foolish?: How The Courts' Misapplication Of The Military And State Secrets Privilege Violates The Constitution And Endangers National Security, Davida H. Isaacs, Robert M. Farley
Faculty Scholarship
It is every inventor's nightmare: a valuable idea, stolen, with no legal recourse. Yet that is precisely what happened in Lucent v. Crater, where the Federal Circuit permitted the Federal Government to defeat the inventors' claims using the military and state secrets privilege. In light of the recent upsurge in the Government's invocation of this privilege, it is time to scrutinize more carefully courts' highly deferential response to its use. There is little question that the executive branch must be able to invoke the privilege in order to ensure that national security is not imperiled by public disclosure of information. …
Ksr International Co. V. Teleflex Inc.: The Supreme Court Declines The Opportunity To Finally Set The Record Straight And Articulate One Clear Standard For Determining Obviousness In Patent Cases, Ashley Houston
Journal of Business & Technology Law
No abstract provided.
Just What The Doctor Ordered: A Two-Step Standard For Pharmaceutical Patent Settlements, George A. O'Brien
Just What The Doctor Ordered: A Two-Step Standard For Pharmaceutical Patent Settlements, George A. O'Brien
Journal of Business & Technology Law
No abstract provided.
Not All Property Is Created Equal: Why Modern Courts Resist Applying The Takings Clause To Patents, And Why They Are Right To Do So, Davida H. Isaacs
Not All Property Is Created Equal: Why Modern Courts Resist Applying The Takings Clause To Patents, And Why They Are Right To Do So, Davida H. Isaacs
Faculty Scholarship
After a century of disregard, the question of whether patents are entitled to protection under the Fifth Amendment's Takings Clause has recently become a topic of scholarly and judicial debate. While one might have expected this issue to have been settled long before, it is only the recent burgeoning of patentholders' regulatory takings claims that has made this question one of pressing interest. Thus far scholarship on the issue has focused on whether or not patents have historically been characterized as property. Meanwhile, last year's rejection by the Federal Circuit of a patentholder's right to assert a Takings Clause claim …
Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung
Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung
Congressional Testimony
No abstract provided.
The Supreme Court, Stare Decisis, And The Role Of Appellate Deference In Patent Claim Construction Appeals, David Krinsky
The Supreme Court, Stare Decisis, And The Role Of Appellate Deference In Patent Claim Construction Appeals, David Krinsky
Maryland Law Review
No abstract provided.
Data-Sharing And Data-Withholding In The Genetics And The Life Sciences: Results Of A National Survey Of Technology Transfer Officers, Eric G. Campbell, Eran Bendavid
Data-Sharing And Data-Withholding In The Genetics And The Life Sciences: Results Of A National Survey Of Technology Transfer Officers, Eric G. Campbell, Eran Bendavid
Journal of Health Care Law and Policy
No abstract provided.
A Three Country Conundrum In Conflict Of Laws Or Who Gets The Patent?, Marcus B. Finnegan, Thomas L. Irving
A Three Country Conundrum In Conflict Of Laws Or Who Gets The Patent?, Marcus B. Finnegan, Thomas L. Irving
Maryland Journal of International Law
No abstract provided.
Apparatus And Method Patents - Function Of The Apparatus Objection - In Re Tarczy-Hornoch
Apparatus And Method Patents - Function Of The Apparatus Objection - In Re Tarczy-Hornoch
Maryland Law Review
No abstract provided.