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Articles 1 - 8 of 8
Full-Text Articles in Law
Inventing Around Edison’S Lamp Patent: The Role Of Patents In Stimulating Downstream Development And Competition, Ron D. Katznelson, John Howells
Inventing Around Edison’S Lamp Patent: The Role Of Patents In Stimulating Downstream Development And Competition, Ron D. Katznelson, John Howells
Ron D. Katznelson
We provide the first detailed empirical study of inventing around patent claims. The enforcement of Edison’s incandescent lamp patent in 1891-1894 stimulated a surge of patenting. Most of these later patents disclosed inventions around the Edison patent. Some of these patents introduced important new technology in their own right and became prior art for new fields, indicating that invention around patents contributes to dynamic efficiency. Contrary to widespread contemporary understanding, the Edison lamp patent did not suppress technological advance in electric lighting. The market position of General Electric (“GE”), the Edison patent-owner, weakened through the period of this patent’s enforcement.
Logic, Not Evidence, Supports A Change In Expert Testimony Standards: Why Evidentiary Standards Promulgated By The Supreme Court For Scientific Expert Testimony Are Inappropriate And Inefficient When Applied In Patent Infringement Suits, Claire R. Rollor
Journal of Business & Technology Law
No abstract provided.
Brief Of Amicus Curiae In Support Of Affirmance, Ron D. Katznelson
Brief Of Amicus Curiae In Support Of Affirmance, Ron D. Katznelson
Ron D. Katznelson
No abstract provided.
Patent Citation Networks Revisited: Signs Of A Twenty-First Century Change, Katherine J. Strandburg, Gabor Csardi, Laszlo Zalanyi, Jan Tobochnik, Peter Erdi
Patent Citation Networks Revisited: Signs Of A Twenty-First Century Change, Katherine J. Strandburg, Gabor Csardi, Laszlo Zalanyi, Jan Tobochnik, Peter Erdi
Katherine J. Strandburg
This Article reports an empirical study of the network composed of patent “nodes” and citation “links” between them. It builds on an earlier study, in which we argued that trends in the growth of the patent citation network provide evidence that the explosive growth in patenting in the late twentieth century was due at least in part to the issuance of increasingly trivial patents. We defined a measure of patent stratification based on comparative probability of citation; an increase in this measure suggests that the USPTO is issuing patents of comparatively less technological significance. Provocatively, we found that stratification increased …
Bad Science In Search Of “Bad” Patents, Ron D. Katznelson
Bad Science In Search Of “Bad” Patents, Ron D. Katznelson
Ron D. Katznelson
This paper draws attention to fundamental deficiencies in studies that have been relied upon as authoritative sources on patent grant rate comparisons among national patent offices. The two prominent studies analyzed here had employed erroneous methods to compare patent grant rates, resulting in false high indications of such rates at the U.S. patent office compared to foreign patent offices. The three identified categories of analysis errors found in these studies were (i) the misapplication of conditional probability; (ii) miscounting invention applications; and (iii) failure to account for patent obsolescence and application attrition due to the widely differing delays among national …
Ip's Problem Child: Shifting The Paradigms For Software Protection, Jacqueline D. Lipton
Ip's Problem Child: Shifting The Paradigms For Software Protection, Jacqueline D. Lipton
Articles
Computer software is somewhat of a problem child for intellectual property law. Courts and legislatures have struggled to encourage innovations in software development while, at the same time, attempting to avoid undesirable digital information monopolies. Neither the patent nor the copyright system has provided a particularly satisfactory paradigm for software protection. Although patents have received greater attention than copyrights in the software context (consider, for example, the recent BlackBerry case), copyright law arguably creates more insidious undercurrents in today's marketplace. This is partly because we have not yet appreciated the potential impact of recent developments in programming methodology and digital …
Alternative Dispute Resolution In Patent Controversies, Norman L. Balmer
Alternative Dispute Resolution In Patent Controversies, Norman L. Balmer
RISK: Health, Safety & Environment (1990-2002)
Mr. Balmer relates how ADR allows attorneys to tailor rules to resolve disputes in light of, e.g., party relationships and internal dynamics. He notes that, for life to go on, having resolution is itself an important goal.
[Introduction] The Science Court Is Dead - Long Live The Science Court, Thomas G. Field
[Introduction] The Science Court Is Dead - Long Live The Science Court, Thomas G. Field
RISK: Health, Safety & Environment (1990-2002)
[Excerpt] "It is a pleasure to introduce this symposium issue with its range of current thoughts about what Arthur Kantrowitz invented a little over twenty-five years ago and has since come to be known as the "Science Court." The pleasure is enhanced by being able to include papers by Dr. Kantrowitz, Allan Mazur (who worked closely with him), Carl Cranor, Itzhak Jacoby and Sheila Jasanoff - as well as an extensive list of citations to other discussions. In approaching these papers, readers may find it helpful to consider what Kantrowitz invented, he and others have attempted to improve, and the …