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Articles 1 - 12 of 12
Full-Text Articles in Law
Trolling For Trolls: The Pitfalls Of The Emerging Market Competition Requirement For Permanent Injunctions In Patent Cases Post-Ebay, Benjamin H. Diessel
Trolling For Trolls: The Pitfalls Of The Emerging Market Competition Requirement For Permanent Injunctions In Patent Cases Post-Ebay, Benjamin H. Diessel
Michigan Law Review
In eBay v. MercExchange, a unanimous Supreme Court announced that a new four-factor test should be employed by district courts in determining whether to award an injunction or damages to an aggrieved party whose intellectual property has been infringed. In the context of permanent injunctions in patent cases, district courts have distorted the four-factor test resulting in a "market competition requirement." Under the new market competition requirement, success at obtaining an injunction is contingent upon a party demonstrating that it is a market competitor After consistent application in the first twenty-five district court cases post-eBay, the market competition requirement …
The Big Idea: Prizes To Stimulate R&D For New Medicines, James Love, Tim Hubbard
The Big Idea: Prizes To Stimulate R&D For New Medicines, James Love, Tim Hubbard
Chicago-Kent Law Review
No abstract provided.
The Demise And Rebirth Of Plant Variety Protection: A Comment On Technological Change And The Design Of Plant Variety Protection Regimes, Laurence R. Helfer
The Demise And Rebirth Of Plant Variety Protection: A Comment On Technological Change And The Design Of Plant Variety Protection Regimes, Laurence R. Helfer
Chicago-Kent Law Review
No abstract provided.
Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith
Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith
Chicago-Kent Law Review
In this paper, we examine the potential for plant variety protection ("PVP") regimes—that is, sui generis, industry-specific intellectual property regimes—to become compromised as a result of technological change. In particular, we analyze the shift in plant breeding from phenotypic selection to genotypic selection, and consider the impact of that shift on existing plant variety protection. We also lay out an alternative structure for plant intellectual property protection based on unfair competition, a model that differs radically in some respects from current PVP schemes. We offer our model as a starting point for debate on adaptations that might improve PVP …
Creative Lawmaking: A Comment On Lionel Bently, Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Rochelle C. Dreyfuss
Creative Lawmaking: A Comment On Lionel Bently, Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Rochelle C. Dreyfuss
Chicago-Kent Law Review
No abstract provided.
A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho
A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho
Chicago-Kent Law Review
Can patent rights and public health coexist? This is a pressing global question in an era where the AIDS pandemic rages in countries that cannot afford to pay for the most effective—and patent-protected—AIDS treatment. Even in countries with higher levels of income, patent problems may nonetheless loom large in unanticipated situations that could turn deadly without access to patented drugs, such as the 2001 anthrax "crisis" or the potential avian flu epidemic. This article provides an important perspective on how international laws currently impact the intersection between patent rights and public health. This article begins with an explanation of patent …
The United States First-To-Invent System: Economic Justifications For Maintaining The Status Quo, Suzanne Konrad
The United States First-To-Invent System: Economic Justifications For Maintaining The Status Quo, Suzanne Konrad
Chicago-Kent Law Review
The latest patent reform bill, the United States Patent Act of 2005, has rehashed one of the most hotly contested debates in patent law: whether the United States should switch to a first-to-file system. Most arguments for keeping the current first-to-invent system center on fairness to small businesses or individual inventors. Although this argument has held its own for many years, it is beginning to erode in the face of counterarguments that the switch to a first-to-file system would be economically beneficial by simplifying matters and encouraging faster public disclosure. Thus fairness is no longer enough to justify maintaining the …
The Aftermath Of Festo V. Smc: Is There "Some Other Reason" For Justifying The Third Festo Rebuttal Criterion?, Erin Conway
The Aftermath Of Festo V. Smc: Is There "Some Other Reason" For Justifying The Third Festo Rebuttal Criterion?, Erin Conway
Chicago-Kent Law Review
Encouraging technological innovation and improvement lies at the heart of the U.S. patent system. To achieve this goal, the patent system must provide robust protection to patentees while assuring that would-be inventors know exactly where protected inventions end and areas open to development begin. In recognizing the importance of these two functions of the patent laws, the Supreme Court in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. ("Festo VIII") set out to clarify the relationship between two important, yet troublesome, patent law doctrines-the doctrine of equivalents and prosecution history estoppel. However, in its attempt to restore balance …
Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci
Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Should Patent Infringement Require Proof Of Copying?, Mark A. Lemley
Should Patent Infringement Require Proof Of Copying?, Mark A. Lemley
Michigan Law Review
Patent infringement is a strict liability offense. Patent law gives patent owners not just the right to prevent others from copying their ideas, but the power to control the use of their idea--even by those who independently develop a technology with no knowledge of the patent or the patentee. This is a power that exists nowhere else in intellectual property (IP) or real property law, but it is a one that patentees have had, with rare exceptions, since the inception of the Republic. In an important paper in the Michigan Law Review, Samson Vermont seeks to change this, arguing …
How To Make A Patent Market, Mark A. Lemley, Nathan Myhrvold
How To Make A Patent Market, Mark A. Lemley, Nathan Myhrvold
Hofstra Law Review
Imagine a stock market in which buyers and sellers couldn't find out the prices at which anyone else sold a share of stock. If you wanted to buy (or sell) a share of stock, you'd have to guess what it was worth. The result, everyone would agree, would be massively inefficient. Willing buyers and sellers would often miss each other. Patents, however, exist in just such a blind market. Want to know if you're getting a good deal on a patent license, or acquiring rights in a technology? Too bad. Even if that patent or ones like it have been …
The Angel Is In The Big Picture: A Response To Lemley, Samson Vermont
The Angel Is In The Big Picture: A Response To Lemley, Samson Vermont
Michigan Law Review
An invention within close reach of multiple inventors differs from an invention within distant reach of a lone inventor. The differences between these two archetypes of invention -"reinventables" and "singletons"- remain unexploited under current U.S. law. Should we reform the law to exploit the differences? Mark Lemley and I agree that we should. To date, those economists who have closely examined the issue concur. What are the differences between reinventables and singletons? First, reinventables can be brought into existence with incentives of lower magnitude. This suggests that we can obtain reinventables at a lower price than we currently pay-i.e., with …