Law Commons^™

Cornering The Market In A Post-9/11 World: The Future Of Horizontal Restraints, 36 J. Marshall L. Rev. 557 (2003), Daniel Goldberg

UIC Law Review

No abstract provided.

Navigating Unchartered Waters: Intellectual Property Rights Surrounding Genomics Research & Development Information, Lawrence M. Sung

Journal of Health Care Law and Policy

No abstract provided.

The Potential Impact Of Genetic Sequencing On The American Health Insurance System, Frederick Levy, Joseph F. Lawler

Journal of Health Care Law and Policy

No abstract provided.

Data-Sharing And Data-Withholding In The Genetics And The Life Sciences: Results Of A National Survey Of Technology Transfer Officers, Eric G. Campbell, Eran Bendavid

Journal of Health Care Law and Policy

No abstract provided.

Piercing The Academic Veil: Disaffecting The Common Law Exception To The Patent Infringement Liability And The Future Of A Bona Fide Research Use Exemption After Madey V. Duke University, Lawrence M. Sung, Claire M. Maisano

Journal of Health Care Law and Policy

No abstract provided.

Biotechnology And Human Dignity, A Necessary And Compatible Union, Ellen Judge Hayes

Journal of Health Care Law and Policy

No abstract provided.

Index To The Bibliography

Journal of Health Care Law and Policy

No abstract provided.

Reproductive Genetics 1991-2002: A Selected Annotated Legal Bibliography Of Genetic Testing, Gene Transfer And Reproductive Cloning, Gail H. Javitt

Journal of Health Care Law and Policy

No abstract provided.

Considerations On The Emerging Implementation Of Biometric Technology, Robin Feldman

Faculty Scholarship

No abstract provided.

Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt

Michigan Journal of International Law

This Article furthers this comparison of cyberconflicts and the real world, attempting to ascertain what lessons, if any, can be drawn from it. Part I of the Article explores the interests at stake in cyberconflicts and the relationship between technology and the law. Part II uses the French Yahoo! court's decision to show that real-world conceptions of prescriptive jurisdiction retain their legitimacy in cyberspace. Finally, Part III notes that the prospect of near perfect compliance offered by Internet technology provides the opportunity to engineer mature, well-calibrated solutions to international regulatory conflicts, which might then even serve as a model in …

Reaching Through The Genome, Rebecca S. Eisenberg

Book Chapters

The past two decades have been a period of rapid evolution in the science of biotechnology and therefore in patent strategies, if not in patent law itself. Patent law takes a long time to catch up with science, and commentators take a long time to catch up with the law, but patent lawyers don’t have that luxury. They have to keep ahead of the game, figuring out claiming strategies that allow their clients to capture the value of future discoveries. I want to discuss some of these strategies today.

Past Cultural Achievement As A Future Technological Resource: Contradictions And Opportunities In The Intellectual Property Protection Of Chinese Medicine In China, 21 Ucla Pac. Basin L.J. 75 (2003), Benjamin Liu

UIC Law Open Access Faculty Scholarship

No abstract provided.

Patents, Product Exclusivity, And Information Dissemination: How Law Directs Biopharmaceutical Research And Development, Rebecca S. Eisenberg

Other Publications

It's a great honor for me to be invited to deliver the Levine Distinguished Lecture at Fordham, and a great opportunity to try out some new ideas before this audience. As some of you know, I've been studying the role of patents in biomedical research and product development ("R&D") for close to twenty years now, with a particular focus on how patents work in "upstream" research in universities and biotechnology companies that are working on research problems that arise prior to "downstream" product development. But, of course, the patent strategies of these institutions are designed around the profits that everyone …

The Least Of The Sentient Beings' And The Question Of Reduction, Refinement, And Replacement, Joseph Vining

Other Publications

The subject I was asked to think about with you today is raised by a very large change in the focus of biomedical research. In raw percentage terms, the animals involved in experimentation are now overwhelmingly rats and mice, and, perhaps because they are rats and mice, they are used in large numbers, numbers in thousands and tens of thousands at some institutions. Legal, ethical, and practical accommodation to this fact on the ground presents a host of questions. There are questions of the cost of care. There are questions of the training of veterinarians, principal investigators, and laboratory personnel. …

When Code Isn't Law, Tim Wu

Faculty Scholarship

When the Supreme Court upheld extended copyright terms in Eldred v. Ascroft, many Internet activists called for renewed political action in the form of appeals to Congress or even a campaign to amend the Constitution. But others suggested a very different course: They argued that it would be wiser to forgo institutions controlled by the powers of the past, and to return instead to the keyboard to write the next generation of "lawbusting" code. In the words of one observer, "tech people are probably better off spending their energy writing code than being part of the political process" because …

The New Technology Transfer Block Exemption: Will The New Block Exemption Balance The Goals Of Innovation And Competition?, Maurits Dolmans, Anu Bradford

Faculty Scholarship

Licensors and licensees have long enjoyed the benefit of block exemption regulations for technology licensing. Block exemption regulations were adopted in the mid-80s for patent licensing and know-how licenses. These were combined and replaced in 1996 by a unified Technology Transfer Block Exemption Regulation (TTBE). This block exemption is currently under review.

DG Competition is writing a draft for a new T'BE. It is expected to be ready for review by the member states in September, and to be published for comments in October. The Commission hopes to have the new block exemption adopted and published in the first quarter …

The Cyberian Captivity Of Copyright: Territoriality And Authors' Rights In A Networked World, Jane C. Ginsburg

Faculty Scholarship

In this essay, the point of view I wish to take is that of authors who create or disseminate works over digital networks. I believe that their situation reflects both perspectives. Like the Avignon popes and the fifth century Roman emperors, authors might be considered displaced persons, because others might cast their works into the digital Empyrean, disconnected from physical points of attachment to any particular jurisdiction. But, like the Germanic tribes that crossed the Rhine River late in December 406, at least some authors might also be considered the displacers, because they choose to exploit the newly-found technological irrelevance …

Stake Your (Linking) Claim: Assessing The Impact Of In Re Doyle On Patent Reissue, 2 J. Marshall Rev. Intell. Prop. L. 360 (2003), Grace C.Y. Leung

UIC Review of Intellectual Property Law

A common problem encountered during patent prosecution is a restriction requirement. According to In re Doyle, the failure to assert linking claims that readon non-elected claims is an error correctable by reissue. This paper argues that the Doyle court was correct in holding that Doyle was distinguishable from In re Orita. Allowance of genus claims that link previously non-elected claims comports with the patent statute. As the public is on notice that patent claims may be broadenedwithin two years, the Doyle holding ensures that the patentee is given the fullbreadth of protection necessary to “promote the Progress of Science and …

Using Declaratory Judgments Offensively In Patent Cases - Dj Jive, 3 J. Marshall Rev. Intell. Prop. L. 1 (2003), Peter J. Shurn Iii

UIC Review of Intellectual Property Law

The Declaratory Judgment Act permits a federal district court to grant relief where an actual controversy exists. Whether an actual controversy exists for declaratory judgments of patent non-infringement is governed by the Federal Circuit's test of the "totality of the circumstances." The declaratory judgment plaintiff has the burden of proving an actual controversy exists. However, the declaratory judgment defendant has the burden of proving patent infringement exists. Reasonable apprehension for a suit may be found to exist although the patentee made no patent-based threat. A company fearing business disruption from patent litigation can thus use declaratory judgment actions offensively. Declaratory …

Creative Claim Drafting: Claim Drafting Strategies, Specification Preparation, And Prosecution Tactics, 3 J. Marshall Rev. Intell. Prop. L. 34 (2003), George F. Wheeler

UIC Review of Intellectual Property Law

Patent prosecution is becoming more complex with every new rule, statute, and court decision. Rather than approaching the changes with a glass-is-half-empty view, the author explains why this development is a boon to the importance of skilled patent prosecutors. The author reviews the latest developments that have given added scrutiny to the patent drafting process and provides nine tips to assist patent prosecution in the current environment.

Protecting The Rights Of Indigenous Cultures Under The Current Intellectual Property System: Is It A Good Idea?, 3 J. Marshall Rev. Intell. Prop. L. 88 (2003), Juan Andrés Fuentes

UIC Review of Intellectual Property Law

Globalization and digital communication trends have provided new avenues and incentives for the commercial use of the folkloric artwork of indigenous peoples. Such commercial uses, however, have occurred largely without any creative control or financial benefit inuring to the original creators, people, or tribe of whom the artistic works form an integral part of their culture. Since much of the works are owned by a community as a whole, as opposed to being owned by individuals, it is difficult to fit such works into an intellectual property regime that is based on laws formed around Western notions of art and …

Making A Pitch For Extending A Judge's Power To Determine Obviousness: How The Mcginley Court Struck Out, 3 J. Marshall Rev. Intell. Prop. L. 156 (2003), John Petravich

UIC Review of Intellectual Property Law

Obviousness is one of the most litigated elements of patent of validity, due primarily to the enormous gray area between the roles of judge and jury. While obviousness is ultimately a legal question, the courts make an effort to leave the underlying factual determinations to the jury, with mixed results. McGinley v. Franklin Sports, Inc. illustrates the problems with the Court of Appeals for the Federal Circuit’s current approach as to what role juries and district court judges should play in determining obviousness of a patent. Instead of the McGinley approach of maintaining a significant role for juries in resolving …

The Rambus Shell Game: A Lack Of Integrity In The Standards Setting Process, 3 J. Marshall Rev. Intell. Prop. L. 138 (2003), David Adam Dorth

UIC Review of Intellectual Property Law

Standards setting organizations are formed to promulgate industry standards and in turn manage the course of technology that falls within their particular niche. Industry standards are the cornerstone of the technological compatibility that we enjoy as an advanced society. As we delve into the 21st century and beyond, the role of integrity in the standards setting process as a whole must be recognized by standards groups, end-users and importantly by the courts. This comment seeks to draw these entities into focusing on integrity and understand its importance in standards setting. Finally, this article strives to present a good starting point …

“You Said What?”: A Look At The Influence Of Foreign Patent Prosecution On Domestic Infringement Litigation, 3 J. Marshall Rev. Intell. Prop. L. 119 (2003), Brian R. Cheslek

UIC Review of Intellectual Property Law

The current patent statutes are structured to grant unambiguous patents that give patent holders a right to exclude and provide the public with ample notice of the patented subject matter. Therefore, courts should interpret the scope of a claim using only the specification and the file history, the very tools used by the patent holder and public to define the bounds of the patent. Unfortunately, limiting statements made abroad can be allowed into evidence, creating a way or accused infringers to evade liability. By permitting judges to admit extrinsic evidence for the purpose of providing clarity to a supposedly already …

Flawed Or Flawless: Twenty Years Of The Federal Circuit Court Of Appeals, 2 J. Marshall Rev. Intell. Prop. L. 178 (2003), Charles Shifley

UIC Review of Intellectual Property Law

A common complaint among patent practitioners is that the Court of Appeals for the Federal Circuit does not provide the predictability needed in patent law. The author suggests that a better question is whether the Federal Circuit provides more predictability than the alternative, the regional circuits. The choice is clear, the Federal Circuit provides greatly enhanced predictability compared to the regional circuits and patent practitioners should be thankful for what they have, and do not have.

The Next Wave: Federal Regulatory, Intellectual Property, And Tort Liability Considerations For Medical Device Software, 2 J. Marshall Rev. Intell. Prop. L. 259 (2003), Paul A. Mathew

UIC Review of Intellectual Property Law

Counsel for the medical software technologist faces an unusually complex, ongoing, high-stakes challenge. Counsel operates in a special field of commercial, legal and regulatory forces: (1) intellectual property laws which govern the expression and protection of commercial rights derived from advances in medical science and technology; (2) existing and proposed contracts/warranty laws that govern technological commercial relationships; (3) negligence, professional liability, and product liability laws that govern the marketing of medical technologies; and, (4) a new body of regulation derived from the power of the federal government to indirectly provide for the safety, effectiveness, privacy, and security of medical technologies …

Mary Mary Quite Contrary How Does Your Biodiverse Garden Grow? An Overview Of Intellectual Property Protections For Plants In The United States, Europe, And Japan, 2 J. Marshall Rev. Intell. Prop. L. 307 (2003), Jacqueline M. Cohen

UIC Review of Intellectual Property Law

As we enter further into the boom of the biotechnology era, the role that plants play in our everyday lives continues to grow increasingly more important. This article seeks to provide a general outline of the protections available on a national, as well as, international level for new plant varieties produced through both genetic engineering processes utilized by the biotechnology field, as well as, the "older" methods, such as cross germination, splicing, etc. that are still successfully being utilized by the general scientific community. In the broadest sense this article is designed to help those who are unfamiliar with the …

No-Copy Technology And The Copyright Act: Has The Music Industry Been Allowed To Go Too Far In Diminishing The Consumers’ Personal Use Rights In The Digital World?, 2 J. Marshall Rev. Intell. Prop. L. 337 (2003), Kevin C. Earle

UIC Review of Intellectual Property Law

Record companies have in recent years begun production of compact discs containing “no-copy” technology. These CDs appear to be classic CDs but are alleged to have poorer sound quality and often will not play in computers. The recording industryhas used this and other methods to stem the increasing popularity of CD copying and unauthorized music file distribution online. While the right of copyright owners to protect their intellectual property is well established, it is arguable that the methoddescribed herein interferes with a consumer’s right to make personal use of legally purchased content. Such right is alleged to stem from the …

The Inevitable Disclosure Doctrine In Illinois: Is It An Inevitable Mistake?, 2 J. Marshall Rev. Intell. Prop. L. 379 (2003), Juliet Ruth Otten

UIC Review of Intellectual Property Law

In several recent decisions, Illinois courts have established that an ex-employee may be restrained from using information from their former employer, that will be "inevitably disclosed", even when no non-competition agreement existed between the employee and the employer. The use of this"inevitable disclosure" doctrine allows Illinois courts to create quasi non-competition agreements even where there has been no actual or threatened misappropriation of an employer's information. This comment proposes that Illinois courts should apply the inevitable disclosure doctrine only when several limiting factors are met and, instead, should encourage employers to use reasonable confidentiality agreements so that neither the employer's …

Can This Brokered Marriage Be Saved? The Changing Relationship Between The Supreme Court And Federal Circuit In Patent Law Jurisprudence, 2 J. Marshall Rev. Intell. Prop. L. 201 (2003), Debra D. Peterson

UIC Review of Intellectual Property Law

Congress created the Federal Circuit, in part, to provide uniformity in patent decisions throughout the United States and stability in patent law. During the first decade of the Federal Circuit’s existence, the Supreme Court largely deferred to the Federal Circuit in patent law decisions. However, the Supreme Court’s initial deference to the Federal Circuit has since been replaced by critical view of the Federal Circuit’s decisions and its decision-making processes. This article proposes that the Supreme Court has correctly abandoned its deferential mindset toward the Federal Circuit since the Federal Circuit was never intended to be the de facto Supreme …