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Full-Text Articles in Law
Both A License And A Sale: How To Reconcile Self-Replicating Technology With Patent Exhaustion, Douglas Fretty
Both A License And A Sale: How To Reconcile Self-Replicating Technology With Patent Exhaustion, Douglas Fretty
The Journal of Business, Entrepreneurship & the Law
Too many authorities view the transfer of patented self-replicating technology (SRT) as either a pure license or a pure sale. If a pure license exists, the patentee can impose post-transfer restrictions on the product's use, frustrating the policy goals of limited monopoly and free alienability of chattels. If a pure sale is triggered, however, the patentee loses all rights through patent exhaustion, allowing the purchaser to replicate the chattel at will. Sensitive to this latter argument, several courts have enforced Monsanto Company's “bag tag” seed licenses, which require Monsanto's farmer customers to destroy all second-generation seed. Urging a middle path, …
Renewing Healthy Competition: Compulsory Licenses And Why Abuses Of The Trips Article 31 Standards Are Most Damaging To The United States Healthcare Industry, Jon Matthews
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Federal Patent Takings, Christopher S. Storm
Federal Patent Takings, Christopher S. Storm
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The "Evolving Written Description Doctrine" And The Search For Specificity (A.K.A. Adequacy Is The Matter Of Invention.), Gerald R. Prettyman Jr.
The "Evolving Written Description Doctrine" And The Search For Specificity (A.K.A. Adequacy Is The Matter Of Invention.), Gerald R. Prettyman Jr.
The Journal of Business, Entrepreneurship & the Law
In 1996, the U.S. Supreme Court ruled in Markman that claim construction was a matter of law for the judge to decide. There was hope in the patent bar that Markman would bring uniformity to claim construction and a reduction to the lengthy process of patent litigation. Some authors report instead that the claim construction reversal rate is increasing. Other authors question the consistency of the rulings from the Court of Appeals for the Federal Circuit. Circuit Judge Rader of the Federal Circuit recently named this controversy the “Evolving Written Description Doctrine.” Behind this controversy primarily lies judicial interpretation of …