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Full-Text Articles in Law

Review Of The 1999 Trademark Decisions Of The United States Court Of Appeals For The Federal Circuit , Stephen R. Baird Aug 2000

Review Of The 1999 Trademark Decisions Of The United States Court Of Appeals For The Federal Circuit , Stephen R. Baird

American University Law Review

No abstract provided.


Review Of The 1999 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit , Phil N. Makrogiannis Aug 2000

Review Of The 1999 Patent Law Decisions Of The United States Court Of Appeals For The Federal Circuit , Phil N. Makrogiannis

American University Law Review

No abstract provided.


The More Things Change, The More They Stay The Same: Implications Of Pfaff V. Wells Electronics, Inc. And The Quest For Predictability In The On-Sale Bar, Timothy R. Holbrook Jan 2000

The More Things Change, The More They Stay The Same: Implications Of Pfaff V. Wells Electronics, Inc. And The Quest For Predictability In The On-Sale Bar, Timothy R. Holbrook

Faculty Articles

This Article posits a two prong approach to the on-sale bar. First, for the anticipatory version, the courts should expressly incorporate the law of enablement under 35 U.S.C. § 112 and of utility under 35 U.S.C. § 101 into the on-sale bar, thus providing a well-known body of law to promote predictability. Procedurally, the courts should establish a hierarchy of evidence, similar to the approach used in claim construction, that considers certain, more readily available information as the most pertinent while eschewing the use of expert testimony and other litigation based evidence. Second, for the obviousness version of the on-sale …