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Full-Text Articles in Law
En Banc Ruling Bursts More Than Bubbles In Patent Litigation: A.C. Aukerman Co. V. Rl Chaides Construction Co. And Its Impact, Russell D. Slifer
En Banc Ruling Bursts More Than Bubbles In Patent Litigation: A.C. Aukerman Co. V. Rl Chaides Construction Co. And Its Impact, Russell D. Slifer
Northern Illinois University Law Review
This comment explains the development and application of both laches and equitable estoppel defenses in patent litigation. The comment focuses on the recent Court of Appeals for the Federal Circuit decision changing the evidentiary requirements needed to overcome a presumption of laches. In addition to the changes made to laches, the reduction in elements needed to establish equitable estoppel are reviewed. The author concludes that the changes to laches fail to provide additional protection where additional protection is justified, while the reduced elements of estoppel decrease protection for patent owners.
At The Boundaries Of Law And Equity: The Court Of Appeals For The Federal Circuit And The Doctrine Of Equivalents, Paul C. Craane
At The Boundaries Of Law And Equity: The Court Of Appeals For The Federal Circuit And The Doctrine Of Equivalents, Paul C. Craane
Northern Illinois University Law Review
This comment examines the doctrine of equivalents, focusing on the tensions created by the continued attempts of the Court of Appeals for the Federal Circuit to bring certainty and structure to this equity-based doctrine. As the comment unfortunately concludes, these attempts to introduce certainty and structure have increased the confusion as to many different aspects of patent litigation and practice. The author suggests that a more viable solution to the problem would be to restrict the scope of the doctrine rather than add additional analytical restrictions to the doctrine of equivalents.
Patentability Of Software Technology, John C. Moran, Mark E. James
Patentability Of Software Technology, John C. Moran, Mark E. James
Northern Illinois University Law Review
The purpose of this paper is to review the Supreme Court's holding in Diamond v. Diehr and analyze it in view of the Court's two earlier decisions. The holding in Diehr will then be contrasted with the CCPA's analysis of processes utilizing computers and a prediction is made as to the likely impact of the Diehr decision.
Diamond V. Chakrabarty: Living Things As Statutory Subject Matter, Mark E. James
Diamond V. Chakrabarty: Living Things As Statutory Subject Matter, Mark E. James
Northern Illinois University Law Review
An analysis of the Court's opinion allowing a genetically engineered microorganism to constitute patentable subject matter within the scope of 35 U.S.C. ยง 101, and the implications of allowing inventors to now obtain patent protection for their living inventions.