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Full-Text Articles in Law
Written Description: Protecting The Quid Pro Quo Since 1793, Jacob Adam Schroeder
Written Description: Protecting The Quid Pro Quo Since 1793, Jacob Adam Schroeder
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Dependent On The Jury: Anticipation And Obviousness Of Dependent Patent Claims And Irreconcilable Jury Verdicts, Patrick Bickley
Dependent On The Jury: Anticipation And Obviousness Of Dependent Patent Claims And Irreconcilable Jury Verdicts, Patrick Bickley
Chicago-Kent Law Review
A jury verdict finding an independent claim valid but a related dependent claim either anticipated or obvious is irreconcilable. However, the Federal Circuit has used the inconsistencies between regional circuits on the issue of jury verdicts to reach different outcomes in similar cases based solely on the region in which the patent case originated. This note advocates a modification to the Federal Circuit's rule of deference to consider irreconcilable verdicts of independent and dependent claims under its own independent analysis. A consistent approach allowing for appellate review regardless of post-verdict motions is advocated, although a more modest position of requiring …
Innovation And Recovery, John F. Duffy
Innovation And Recovery, John F. Duffy
Marquette Intellectual Property Law Review
Crisis inevitably brings hope for recovery. The recent past has seen a great economic crisis and a crisis in the patent system. Precisely because crisis reveals the flaws in the old, recovery demands the new; it demands innovation. Economic crisis thus makes recovery in the patent system especially urgent because it reveals the degree to which continuing prosperity depends on society's ability to reorganize itself, to change, to innovate. Towards that end, society should reconsider how our patent system makes judgments about invention. More specifically, Professor Duffy will seek to show through this lecture that the change most necessary for …
The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer
The Time And Place For "Technology-Shifting" Rights, Max Stul Oppenheimer
Marquette Intellectual Property Law Review
Intellectual property policy requires balance between the goal of motivating innovation and the need to prevent that motivation from stifling further innovation. The constitutional grant of congressional power to motivate innovation by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries is qualified by the requirement that congressional enactments under the Intellectual Property Clause promote progress. The Supreme Court has already recognized a time-shifting exception to the intellectual property rights of innovators and lower courts have recognized a place-shifting exception. It is now the time and place for a general technology-shifting exception …
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
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.
Panel I: The Patent Landscape With Bilski On The Map, Jeanne Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy
Panel I: The Patent Landscape With Bilski On The Map, Jeanne Fromer, James W. Dabney, Clarisa Long, Brian P. Murphy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Bilski’S “Machine-Or-Transformation” Test: Uncertain Prognosis For Diagnostic Methods And Personalized Medicine Patents, Brian P. Murphy, Daniel P. Murphy
Bilski’S “Machine-Or-Transformation” Test: Uncertain Prognosis For Diagnostic Methods And Personalized Medicine Patents, Brian P. Murphy, Daniel P. Murphy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori
The Role Of The Non-Functionality Requirement In Design Law, Orit Fischman Afori
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The 2009 H1n1 Swine Flu Pandemic: Reconciling Goals Of Patents And Public Health Initiatives, Michelle Kaplan
The 2009 H1n1 Swine Flu Pandemic: Reconciling Goals Of Patents And Public Health Initiatives, Michelle Kaplan
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Orit Fischman Afori, Wendy J. Gordon, Mark Janis, Jonathan Moskin
Panel Ii: The Global Contours Of Ip Protection For Trade Dress, Industrial Design, Applied Art, And Product Configuration, Orit Fischman Afori, Wendy J. Gordon, Mark Janis, Jonathan Moskin
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr
Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Thailand Thumbs Nose At Ustr, Makes Affordable Aids Treatment Top Priority, Greg Lultschik
Thailand Thumbs Nose At Ustr, Makes Affordable Aids Treatment Top Priority, Greg Lultschik
Intellectual Property Brief
No abstract provided.
Fixing Our Broken Patent System, Jay Dratler
Fixing Our Broken Patent System, Jay Dratler
Marquette Intellectual Property Law Review
This short Article digests what the Author see as the most important substantive criticism and proposes specific solutions in the form of the "guts" of a new patent statute. Its statutory proposal tracks the current statute's organization and has numerous annotations explaining what is the same, what is changed and why, and what never-before-codified principles of judge-made law are explicitly codified. Among the proposed statute's fundamental changes are: (1) explicit restrictions on patentable subject matter to avoid patents on bare abstractions; (2) adoption of a first-to-file system requiring worldwide novelty; (3) abolition of the doctrine of constructive reduction to practice …
Generic Entry In A Rough Economy - Proposed Legislation May Ease Health Care Costs, Laura J. Grebe
Generic Entry In A Rough Economy - Proposed Legislation May Ease Health Care Costs, Laura J. Grebe
Marquette Intellectual Property Law Review
When generic drugs seek FDA approval, the pharmaceutical company files an Abbreviated New Drug Application (ANDA), in which the generic company establishes bioequivalence to its usually patented counterpart. The ANDA filer must also certify that, to the best of the filer's knowledge, the generic will not infringe on a current patent-holder's rights. This can be done by showing (1) no patent on the product exists, (2) the patent is expired, (3) the patent will expire by the time the generic is marketed, or (4) the ANDA filer believes the patent is invalid - called a Paragraph IV certification. A Paragraph …
Network Transparency: Seeing The Neutral Network, Adam Candeub
Network Transparency: Seeing The Neutral Network, Adam Candeub
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger
Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts
The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner
Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman
O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes
Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani
Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James Degiulio
The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James Degiulio
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Is Patent Hold-Up Anticompetitive?, Vishesh Narayen
Is Patent Hold-Up Anticompetitive?, Vishesh Narayen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Evaluation Of The Design Piracy Prohibition Act: Is The Cure Worse Than The Disease? An Analogy With Counterfeiting And A Comparison With The Protection Available In The European Community., Silvia Beltrametti
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
To Be Fixed Or Not To Be: The Seemingly Never-Ending Question Of Copyrighted Material, Karl O. Riley
To Be Fixed Or Not To Be: The Seemingly Never-Ending Question Of Copyrighted Material, Karl O. Riley
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr
Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Acquiring A Flavor For Trademarks: There's No Common Taste In The World, Amanda E. Compton
Acquiring A Flavor For Trademarks: There's No Common Taste In The World, Amanda E. Compton
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag
Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag
Northwestern Journal of Technology and Intellectual Property
No abstract provided.