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Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence And Intellectual Property Federalism, Shubha Ghosh
Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence And Intellectual Property Federalism, Shubha Ghosh
Shubha Ghosh
The Federal Circuit was established in 1982 as an appellate court with limited jurisdiction over patent claims. However, the Federal Circuit has used this limited jurisdiction to expand its reach into contract law, developing a federal common law of contract. Given the growing importance of patent litigation in the past three decades, this creation of an independent body of contract law creates uncertainty in transactions involving patents. This troublesome development received attention in Stanford v Roche, a 2011 Supreme Court decision upholding the Federal Circuit's invalidation of a patent assignment to Stanford University. This Article documents the development of …
Race Specific Patents, Commercialization, & Intellectual Property Policy, Shubha Ghosh
Race Specific Patents, Commercialization, & Intellectual Property Policy, Shubha Ghosh
Shubha Ghosh
This Article examines the phenomenon of “race specific patents,” defined as patented inventions for which the claims or the disclosure is written using racial categories. Motivated by the grant of a patent in 2002 to a hypertension drug designed for used by “black patients,” as expressly stated in the patent claims, the study looks at race specific patents in several areas, including patents for pharmaceuticals, cosmetics, toys, and devices for determining personal identity. After cataloguing the over thousand patents that were discovered, the author presents an analysis of the use of racial categories in patent law that focuses on both …