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Full-Text Articles in Law
Protecting Wisconsinites From Trolls: The Federal Circuit's "Bad Faith" Preemption And Its Restrictive Effect, Andrew Salomone
Protecting Wisconsinites From Trolls: The Federal Circuit's "Bad Faith" Preemption And Its Restrictive Effect, Andrew Salomone
Marquette Intellectual Property Law Review
In this comment, I use Wis. Stat. Ann. § 100.197 (“Wisconsin’s anti-PAE statute”) to demonstrate the significant degree to which the Federal Circuit’s current preemption regime restricts states’ abilities to regulate the behavior of PAEs. In Part II, I summarize Wisconsin’s legislative response to PAEs. In Part III, I contrast the Federal Circuit’s preemption doctrine and the Supreme Court’s doctrine as it relates to state laws similar to anti-PAE statutes. Paying particular attention to Wisconsin’s patent notification statute, I provide a brief preemption analysis in Part IV. Finally, in Part V, I conclude by arguing that the severe consequences of …
Turning Wisconn Valley Into The Next Silicon Valley: Reforming Wisconsin Non-Compete Law To Attract High-Tech Employers, Kelly Krause
Turning Wisconn Valley Into The Next Silicon Valley: Reforming Wisconsin Non-Compete Law To Attract High-Tech Employers, Kelly Krause
Marquette Law Review
The July 2017 arrival of Taiwanese tech-giant Foxconn and the
establishment of the Wisconn Valley Science and Technology Park in Wisconsin
reflects a larger trend in the United States to reinvent the nation’s
manufacturing economy with high-tech production. High-tech employers have
substantial interests in retaining employees in order to protect their valuable
proprietary information and market share. Non-compete agreements, also
known as restrictive covenants or covenants not to compete, are often the legal
device used to secure these interests. This Comment argues that to attract and
retain employers in the tech industry, Wisconsin should reform its non-compete
law by adopting …