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Full-Text Articles in Law
Business Method Patents And Their Limits: Justifications, History, And The Emergence Of A Claim Construction Jurisprudence, Nicholas A. Smith
Business Method Patents And Their Limits: Justifications, History, And The Emergence Of A Claim Construction Jurisprudence, Nicholas A. Smith
Michigan Telecommunications & Technology Law Review
Scholars, practitioners, and even popular media spilled much ink over business method patents in the late 1990s, eager to discuss the shift in jurisprudence that enabled patent holders to enforce business method patents for the first time. Since that initial period of excitement--during which businesses filed record numbers of applications for business method patents, and numerous articles tracing the doctrinal shift were published--commentators have written little on the topic. Various patent holders, however, have since litigated business method patent claims. During these first few years after judicial endorsement of business method patents, such litigation has focused on the scope of …
Best Mode: A Plea To Repair Or Sacrifice This Broken Requirement Of United States Patent Law, Steven B. Walmsley
Best Mode: A Plea To Repair Or Sacrifice This Broken Requirement Of United States Patent Law, Steven B. Walmsley
Michigan Telecommunications & Technology Law Review
An inventor's obligation to disclose the best mode of her invention is strong consideration in the U.S. patent bargain, but the courts paradoxically define the scope of that obligation, thus rendering the enforcement of U.S. patents unreasonably unpredictable. If an inventor cannot reasonably foresee the scope of her obligation to disclose invention details, then she is subjected to the costs and risks of either overcompliance or undercompliance with the best mode requirement. The scope of the best mode requirement should either be reliably defined by an en banc ruling of the Court of Appeals for the Federal Circuit, or the …
Festo: A Case Contravening The Convergence Of Doctrine Of Equivalents Jurisprudence In Germany, The United Kingdom, And The United States, Katherine E. White
Festo: A Case Contravening The Convergence Of Doctrine Of Equivalents Jurisprudence In Germany, The United Kingdom, And The United States, Katherine E. White
Michigan Telecommunications & Technology Law Review
Despite differences in patent law jurisprudence in Germany, the United Kingdom and the United States, the fundamental principles underlying each system serve the same basic purpose: to encourage technological innovation and dissemination of knowledge. In granting exclusive patent rights, it is important that the scope of patent protection not be so broad as to remove existing knowledge from the public domain. The scope of protection should strike a balance between granting adequate patent rights while preserving the public's ownership in the public domain or the prior art. To encourage innovation patentees must attain significant exclusive rights, while potential infringers receive …