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Full-Text Articles in Law
Fiddling With Federal Circuit Precedent: The Commercial And Qualitative Impact Of Recent Supreme Court Reversals On The U.S. Patent System, Christopher J. Hamersky
Fiddling With Federal Circuit Precedent: The Commercial And Qualitative Impact Of Recent Supreme Court Reversals On The U.S. Patent System, Christopher J. Hamersky
Fordham Intellectual Property, Media and Entertainment Law Journal
Prior to 2006, the Court of Appeals for the Federal Circuit enjoyed a fairly laissez-faire relation with the Supreme Court of the United States, enabling it to develop a patent law jurisprudence that patent practitioners could confidently rely on given that it had remained relatively stable for several decades. However, in 2006, the Supreme Court reviewed eBay v. MercExchange and subsequently began a string of frequent Federal Circuit reversals that have caused significant change to the U.S. patent system. Whereas the Supreme Court rarely took up patent appeals in the Federal Circuit’s early history, it now routinely reviews patent questions …
Double Jeopardy: Patents Of Invention As Contracts, Invention Disclosure As Consideration, And Where Oil States Went Wrong, N. Scott Pierce
Double Jeopardy: Patents Of Invention As Contracts, Invention Disclosure As Consideration, And Where Oil States Went Wrong, N. Scott Pierce
Fordham Intellectual Property, Media and Entertainment Law Journal
Patents in England were once favors granted by the King with the requirement that the subject matter be practiced, or worked, for the benefit of the public. However, by the late eighteenth century patents were viewed as contracts with the government. Concomitant with this shift, the requirement to practice an invention was replaced by submission of a written specification disclosing to the public how to work the subject matter of the patent. In essence, advancement of the public good by grant of an exclusionary right to practice an invention at royal discretion was substituted with public disclosure as consideration for …
Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore
Intellectual Property And The Prisoner’S Dilemma: A Game Theory Justification Of Copyrights, Patents, And Trade Secrets, Adam D. Moore
Fordham Intellectual Property, Media and Entertainment Law Journal
In this article, I will offer an argument for the protection of intellectual property based on individual self-interest and prudence. In large part, this argument will parallel considerations that arise in a prisoner’s dilemma game. In brief, allowing content to be unprotected in terms of free access leads to a sub-optimal outcome where creation and innovation are suppressed. Adopting the institutions of copyright, patent, and trade secret is one way to avoid these sub-optimal results.
Puzzles Of The Zero-Rate Royalty, Eli Greenbaum
Puzzles Of The Zero-Rate Royalty, Eli Greenbaum
Fordham Intellectual Property, Media and Entertainment Law Journal
Patentees increasingly exploit their intellectual property rights through royalty-free licensing arrangements. Even though patentees using such frameworks forfeit their right to trade patents for monetary gain, royalty-free arrangements can be used to pursue other significant commercial and collaborative interests. This Article argues that modern royalty-free structures generate tension between various otherwise well-accepted doctrines of patent remedies law that were designed for more traditional licensing models. As such, current doctrines provide conflicting frameworks for evaluating the royalty-free arrangement, and offer inconsistent approaches for determining the appropriate remedy for their breach. This discord grows out of courts’ inadequate attention to non-monetary consideration …
Accountability In The Patent Market Part Ii: Should Public Corporations Disclose More To Shareholders?, Ian D. Mcclure
Accountability In The Patent Market Part Ii: Should Public Corporations Disclose More To Shareholders?, Ian D. Mcclure
Fordham Intellectual Property, Media and Entertainment Law Journal
This Article identifies the general devaluation and/or increased risk of invalidation of these types of patents only as an example of information that could be important to shareholders. It then describes the impact this devaluation and known patent liabilities could have on corporate value, presents the requirements for particular companies to disclose patent information to shareholders and policy reasons for strengthening these requirements, and proposes that public companies could do more—or could be required to do more—to limit their risk and increase information transparency to investors.
The New Plague: False Claims Liability Based On Inequitable Conduct During Patent Prosecution, Gregory Michael, William J. Newsom, Matthew Avery
The New Plague: False Claims Liability Based On Inequitable Conduct During Patent Prosecution, Gregory Michael, William J. Newsom, Matthew Avery
Fordham Intellectual Property, Media and Entertainment Law Journal
In January 2009, Amphastar Pharmaceuticals filed a first of its kind qui tam suit on behalf of the federal government and several states alleging that its competitor, Aventis Pharma, violated the Federal False Claims Act (FCA) when it fraudulently acquired a patent and then overcharged the government for its patented drug. By utilizing a fraudulently acquired patent to elevate the price of Lovenox, a drug for treating deep-vein thrombosis, Amphastar alleged that Aventis had overcharged the government for every Lovenox pill purchased with government funds, including all prescriptions funded in part by Medicare or other federal insurance programs. The FCA …
Asserting Patents To Combat Infringement Via 3d Printing: It’S No “Use”, Daniel Harris Brean
Asserting Patents To Combat Infringement Via 3d Printing: It’S No “Use”, Daniel Harris Brean
Fordham Intellectual Property, Media and Entertainment Law Journal
Three-dimensional ("3D") printing technology, which enables physical objects to be "printed" as easily as words can be printed on a page, is rapidly moving from industrial settings into consumers' homes. The advent of consumer grade 3D printers fundamentally alters the traditional allocation of manufacturing infrastructure and sales activity. No longer do manufacturers need to make, sell, and ship physical products in their physical states. Rather, consumers may download digital representations of products over the Internet for printing in the comfort their own homes. For products sold in this fashion that are patented, this presents difficult hurdles to enforcement against infringers. …
The Myth Of Generic Pharmaceutical Competition Under The Hatch-Waxman Act, Emily Michiko Morris
The Myth Of Generic Pharmaceutical Competition Under The Hatch-Waxman Act, Emily Michiko Morris
Fordham Intellectual Property, Media and Entertainment Law Journal
Without a doubt, health care costs are on the rise, and how to reduce those costs is of great concern to many. The Hatch-Waxman Act attempts to reduce pharmaceutical costs by encouraging market entry by lower-priced generic pharmaceuticals and without a doubt has been successful in doing so over the last three decades. The question is, at what price? Although designed to balance greater generic market entry with stronger incentives for brand-name pharmaceutical innovators to continue developing new drugs, the Act appears to have fall short of making those incentives nearly strong enough and, indeed, likely weakens them. Perhaps more …
Clear But Unconvincing: The Federal Circuit's Invalidity Standard, David O. Taylor
Clear But Unconvincing: The Federal Circuit's Invalidity Standard, David O. Taylor
Fordham Intellectual Property, Media and Entertainment Law Journal
The Federal Circuit’s standard for proving invalidity of patent claims is clear. The Federal Circuit always requires clear and convincing evidence to prove that a patent claim is invalid. The rationale behind this standard, however, is unconvincing. There are significant reasons to believe that the Patent Office rarely considers the most relevant prior art and that, instead, alleged infringers often find prior art that is more relevant than the prior art considered by the Patent Office. It defies logic to apply the clear and convincing burden where the Patent Office considered only prior art that is less relevant than the …
Tacit Knowledge Transfer With Patent Law: Exploring Clean Technology Transfers, Margaret Mcinerney
Tacit Knowledge Transfer With Patent Law: Exploring Clean Technology Transfers, Margaret Mcinerney
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci
Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Authorized Generics: Careful Balance Undone, Beth Understahl
Authorized Generics: Careful Balance Undone, Beth Understahl
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy
Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy
Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White
A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Enablement In Biotechnology Cases After In Re Goodman, John C. Todaro
Enablement In Biotechnology Cases After In Re Goodman, John C. Todaro
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.