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Full-Text Articles in Law

What About Know-How: Heightened Obviousness And Lowered Disclosure Is Not A Panacea To The American Patent System For Biotechnology Medication And Pharmaceutical Inventions In The Post-Ksr Era, Yi-Chen Su Jul 2010

What About Know-How: Heightened Obviousness And Lowered Disclosure Is Not A Panacea To The American Patent System For Biotechnology Medication And Pharmaceutical Inventions In The Post-Ksr Era, Yi-Chen Su

Marquette Intellectual Property Law Review

In KSR International Co. v. Teleflex, Inc., the Supreme Court rejected the Federal Circuit's rigid application of the teaching, suggestion, or motivation test (TSM test), and replaced it with an expansive and flexible approach, in determining the question of obviousness. Nevertheless, an expansive and flexible approach to obviousness may not be consistent with the international norms of practice if it is applied literally. The U.S. Patent and Trademark Office's literal application of the decision has essentially created another set of inflexible rules, which is contrary to the Supreme Court's intent. The Federal Circuit's recent decision in In re Kubin cautiously …


Lessons Learned From Fifteen Years In The Trenches Of Patent Litigation , Rick Mcdermott Jul 2010

Lessons Learned From Fifteen Years In The Trenches Of Patent Litigation , Rick Mcdermott

Marquette Intellectual Property Law Review

Marquette Law alum and partner with Alston+Bird, LLP, offers insights into patent litigation. In his speech, given March 5, 2010, McDermott examines how patent law developments such as Markman v. Westview Instruments, Cybor Corp. v. FAS Technologies, Inc., and In re Seagate have impacted the practice of patent infringement litigation.


Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman Jan 2010

Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman

Intellectual Property Brief

No abstract provided.


Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman Jan 2010

Virtual Confusion: How The Lanham Act Can Protect Athletes From The Unauthorized Use Of Their Likenesses In Sports Video Games, Lindsay Coleman

Intellectual Property Brief

No abstract provided.


Surefoot Lc V. Sure Foot Corp.: A New Standard For Tenth Circuit Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Or How Cardtoons Got The Boot, John M. Bunting Jan 2010

Surefoot Lc V. Sure Foot Corp.: A New Standard For Tenth Circuit Declaratory Judgment Jurisdiction In Intellectual Property Disputes, Or How Cardtoons Got The Boot, John M. Bunting

Oklahoma Law Review

No abstract provided.