Law Commons^™

How The Xechem Decision May Insulate State Universities From Correction Of Inventorship Suits, Stacey Drews

Indiana Law Journal

No abstract provided.

Intellectual Property/Ownership Issues, Robert Wells

Louisiana Law Review

No abstract provided.

Authorized Generics: Careful Balance Undone, Beth Understahl

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

What's That Mean? A Proposed Claim Construction Methodology For Phillips V. Awh Corp., Jessica C. Kaiser

Chicago-Kent Law Review

The Federal Circuit has granted en banc review in Phillips v. AWH Corp. to decide the appropriate methodology for patent claim construction. This Note examines the different approaches taken by Federal Circuit panels for claim construction: the intrinsic/extrinsic dichotomy, holistic approach, and the "dictionary first" approach. This Note tests these approaches against the policies underlying patent law and concludes that both the holistic approach and the "dictionary first" approach fail to adequately further these policies.

Instead, this Note proposes a modified intrinsic/extrinsic dichotomy. The proposed approach for claim construction looks first to the intrinsic evidence. If the meaning of the …

Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Patents, Essential Medicines, And The Innovation Game, David W. Opderbeck

Vanderbilt Law Review

The once dusty arena of international patent law now hosts a life and death contest. Human rights activists claim patents restrict access to essential technologies in the developing world and skew research and development away from global health and welfare problems. Industrialized countries argue that innovation and development require strong patent protection. Both sides agree that much of the world lacks meaningful access to technologies that are basic to a healthy standard of living.

Current international patent rules strike an uneasy balance between these conflicting views about patents. The precarious nature of this balancing act is illustrated by the recent …

Patent Fences And Constitutional Fence Posts: Property Barriers To Pharmaceutical Importation, Daniel R. Cahoy

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Defining The Limits Of The Eu Essential Facilities Doctrine On Intellectual Property Rights: The Primacy Of Securing Optimal Innovation, James Turney

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

The End Of Federalism In Telecommunication Regulations?, Douglas C. Sicker

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Trademarks Or Copyrights: Which Intellectual Property Right Affords Its Owner The Greatest Protection Of Architectural Ingenuity?, Rashida Y.V. Macmurray

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Ambush Marketing: The Off-Field Competition At The Olympic Games, Jason K. Schmitz

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Intellectual Property And Genetically Modified Seeds: The United States, Trade, And The Developing World, Haley Stein

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Global Diseases, Global Patents And Differential Treatment In Wto Law: Criteria For Suspending Patent Obligations In Developing Countries, Bradly Condon, Tapen Sinha

Northwestern Journal of International Law & Business

Special and differential treatment of members is a controversial subject at the World Trade Organization ("WTO") and nowhere is the debate more pronounced than in the context of life-saving medicines and patent protection. However, concerns have been raised in WTO negotiations regarding how to ensure that special and differential treatment targets developing countries' trade, financial and development needs, without prejudicing the rights of other WTO members. In the fall of 2003, the WTO adopted a decision to amend the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS") in order to enhance access to essential medicines in developing countries. In …

Planting A Standard: Proposing A Broad Reading Of In Re Elsner, Alicia L. Frostick

Michigan Law Review

This Note will show that one can read Elsner broadly to encompass both plant-type and widget-type inventions, and that applying Elsner to both plants and widgets is within the current statutory framework and case law. Such a reading would change the § 102 bar for inventions patentable under § 10i29 (hereinafter referred to as "widgets") as well as for plants. Part I of this Note argues that congressional sources require a flexible test-one that does not prejudice any objects under the Patent Act. Part II discusses the judicial interpretation of the Patent Act prior to Elsner in order to argue …

Changing Invention Economics By Encouraging Corporate Inventors To Sell Patents, William A. Drennan

University of Miami Law Review

No abstract provided.

The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn

American University Law Review

No abstract provided.

A Malpractice Suit Waiting To Happen: The Conflict Between Perfecting Security Interests In Patents And Copyrights (A Note Of Peregrine, Cybernetic And Their Progeny), R. Scott Griffin

Georgia State University Law Review

No abstract provided.

Comment: Exactly Backwards: Exceptionalism And The Federal Circuit, R. Polk Wagner

Case Western Reserve Law Review

No abstract provided.

Comment: Experiments After The Federal Circuit, John F. Duffy

Case Western Reserve Law Review

No abstract provided.

An Efficient Way To Improve Patent Quality For Plant Varieties, Katherine E. White

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Judicial Constellations: Guiding Principles As Navigational Aids, Honorable Paul Michel

Case Western Reserve Law Review

No abstract provided.

The Federal Circuit: A Continuing Experiment Specialization, Rochelle Cooper Dreyfuss

Case Western Reserve Law Review

No abstract provided.

The Law, Technology And The Arts Symposium: The Past, Present And Future Of The Federal Circuit - Introduction, Gerald Korngold

Case Western Reserve Law Review

No abstract provided.

In Search Of The Golden Years: How Compulsory Licensing Can Lower The Price Of Prescription Drugs For Millions Of Senior Citizens In The United States, Debjani Roy

Cleveland State Law Review

This article will show that compulsory licensing is the best remedy for the escalating cost of prescription drugs in the United States. Section II will provide a historical overview of American pharmaceutical patent law and will introduce the concept of compulsory licensing as a method to decrease the high cost of prescription drugs for senior citizens in the United States. Section III will look at the newly enacted Medicare Prescription Drug and Modernization Act, and state and local government plans to import cheaper brand-name prescription drugs from Canada. Section IV will look at the United States' international support for compulsory …

“Orange Book” Listing Of Patents Under The Hatch-Waxman Act, Jacob S. Wharton

Saint Louis University Law Journal

No abstract provided.

Promoting Intellectual Property For Economic Growth, Rita Hayes, Ambassador

Vanderbilt Journal of Transnational Law

The World Intellectual Property Organization, based in Geneva, is a specialized agency of the United Nations that deals with international intellectual property matters. The Organization is perhaps best known for international agreements such as the Patent Cooperation Treaty (the PCT), The Madrid Agreement, and the Hague Agreement, which provide international registration and protection for patents, trademarks, and industrial designs, respectively.

The Organization's work in standard setting--through the development of international intellectual property law--covers the range of intellectual property from industrial property to copyright. Many of you are familiar with the WIPO Internet Treaties, two international treaties that came into force …

The Psychological Manipulation Of The Consumer-Patient Population Through Direct-To-Consumer Prescription Drug Advertising., Elizabeth C. Melby

The Scholar: St. Mary's Law Review on Race and Social Justice

Drug direct-to-consumer advertisements manipulates the public through the manufacturer’s marketing practices. The goal of pharmaceutical companies is to create consumer demand for their products, and they achieve this goal by showing advertisements that portray their products as life-enhancing. This leads to an exponential increase in demand for and spending on these pharmaceutical drugs. This increased promotion of direct-to-consumer advertising affects the physician-patient relationship, while drug companies face little, if any, liability. Drug companies expend significant efforts to obtain patents to keep their products competitive on the market, and to prevent customers from switching to an inexpensive generic drug. The author …

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.

Festo To The Rescue? The Return Of The Warner-Jenkinson Standard And A Preemptive Solution For The Future Of The Patent Law Balance, R. Flynt Strean

Kentucky Law Journal

No abstract provided.

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

Fordham Law Review

No abstract provided.