Law Commons^™

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

Fordham Law Review

No abstract provided.

One Man's Trash Is Another Man's Treasure, Bioprospecting: Protecting The Rights And Interests Of Human Donors Of Genetic Material, Anne Nichols Hill

Journal of Health Care Law and Policy

No abstract provided.

Dna Patenting And Access To Healthcare: Achieving The Balance Among Competing Interests, Melissa E. Horn

Cleveland State Law Review

Increasing evidence suggests that the biotechnology industry's interest in generating revenue and the public's desire to obtain the best healthcare may be at odds. The patenting of genetic information is at the core of this debate. Most, if not all, of the products of the biotech industry's research are patentable. Historically, patents have been justified on the grounds that they are needed to create an incentive for researchers and companies to invest time and money in projects that have uncertain outcomes. In the biotechnology arena, patents do not simply encourage innovation and allow innovators to recoup their costs. Patents can …

Patenting Dilemma: Drugs For Profit Versus Drugs For Health, Christopher K. Eppich

Santa Clara Law Review

No abstract provided.

Application Of Patent Law Damages Analysis To Trade Secret Misappropriation Claims: Apportionment, Alternatives, And Other Common Limitations On Damages, Douglas G. Smith

Seattle University Law Review

Part I of this article discusses the case law acknowledging the applicability of patent law precedents in the context of trade secret damage claims. Part II discusses the application of patent law precedents regarding lost profits as a measure of damages. Part III analyzes the applicability of patent law damages principles in the context of unjust enrichment as a measure of damages. Part IV then proceeds to examine how patent law principles are frequently applied in the context of royalty damages. Part V discusses the case law relating to disaggregation and apportionment of damages in the context of patent and …

The Battle Over Life-Saving Pharmaceuticals: Are Developing Countries Being Tripped By Developed Countries, Michelle M. Nerozzi

Villanova Law Review

No abstract provided.

Fuel For Thought: Clean Gasoline And Dirty Patents, Scott H. Segal

American University Law Review

No abstract provided.

Patents And Traditional Knowledge Of The Uses Of Plants: Is A Communal Patent Regime Part Of The Solution To The Scourge Of Bio Piracy, Ikechi Mgbeoji

Indiana Journal of Global Legal Studies

No abstract provided.

Patenting Resources: Biotechnology And The Concept Of Sustainable Development, Yvonne Cripps

Indiana Journal of Global Legal Studies

No abstract provided.

Sustainable Agriculture, Patent Rights, And Plant Innovation, Mark D. Janis

Indiana Journal of Global Legal Studies

No abstract provided.

A Rule For Determining When Patent Misuse Should Be Applied, Katherine E. White

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Prior User Rights For Business Method Patents, Robert C. Haldiman

Saint Louis University Public Law Review

No abstract provided.

Limiting The Business Method Patent: A Comparison And Proposed Alignment Of European, Japanese And United States Patent Law, Brian P. Biddinger

Fordham Law Review

"That ideas should freely spread from one to another over the globe, for the moral and mutual instruction of man, and improvement of his condition…."

Pharmaceutical Patent Protection: More Generic Favored Legislation May Cause Pioneer Drug Companies To Pull The Plug On Innovation, Mandy Wilson

Kentucky Law Journal

No abstract provided.

Elementary And Persistent Errors In The Economic Analysis Of Intellectual Property, Edmund W. Kitch

Vanderbilt Law Review

The literature on the economic analysis of intellectual property rights evidences a broad scholarly consensus on a number of central and important issues. First, intellectual property rights en- able economic actors to capture some of the benefits of the investment they make in establishing a good reputation, creating expressive works, and inventing new and improved technology. Absent intellectual property rights, copiers are free to take for themselves a significant part of the economic benefit generated by these types of investment and to undermine the incentive to make these in- vestments in the first place. Second, the investment activities induced by …

An Unhurried View Of Private Ordering In Information Transactions, Yochai Benkler

Vanderbilt Law Review

We stand at an unprecedented moment in the history of exclusive private rights in information ("EPRIs").' Technology has made it possible, it seems, to eliminate to a large extent one aspect of what makes information a public good-its nonexcludability. A series of laws-most explicitly the Digital Millennium Copyright Act ("DMCA") and the Uniform Computers Information Transactions Act ("UCITA")-are building on new technologies for controlling individual uses of information goods to facilitate a perfect enclosure of the information environment.

The purpose of this Essay is to explain why economic justifications interposed in favor of this aspect of the enclosure movement are, …

Lessons From Studying The International Economics Of Intellectual Property Rights

Vanderbilt Law Review

When the Uruguay Round negotiations began in 1986, the subject of intellectual property rights ("IPRs") was completely unfamiliar to international trade economists. Presumably the area was ignored because global trade policy concerns had not moved into questions of domestic business regulation. Even today, readers will search in vain for serious treatments of the trade implications of exclusive rights to intellectual property ("IP") in international economics textbooks.

Despite this general inattention, a small but growing literature has emerged in which trade economists have framed specific questions and applied theory and statistical analysis to them. This literature has advanced the understanding of …

Are We Overprotecting Code? Thoughts On First-Generation Internet Law, Orin S. Kerr

Washington and Lee Law Review

No abstract provided.

En Banc Review, Horror Pleni, And The Resolution Of Patent Law Conflicts, William C. Rooklidge, Matthew F. Weil

Santa Clara Law Review

No abstract provided.

A Problematic Pat On The Back For The Pto: Dickinson V. Zurko, Jeffrey C. Metzcar

Case Western Reserve Law Review

No abstract provided.

Un-Unified Economic Theories Of Patents--The Not-Quite-Holy Grail, A. Samuel Oddi

Notre Dame Law Review

No abstract provided.

Trade Dress Protection Of Product Designs: Stifling The Progress Of Science And The Useful Arts For An Unlimited Time, Anthony E. Dowell

Notre Dame Law Review

No abstract provided.

When The State Steals Ideas: Is The Abrogation Of State Sovereign Immunity From Federal Infringement Claims Constitutional In Light Of Seminole Tribe?, Christina Bohannan, Thomas F. Cotter

Fordham Law Review

No abstract provided.

Software Protection: Copyrights, Patents, Trade Secrets And/Or Sui Generis, Karl F. Jorda

ILSA Journal of International & Comparative Law

What is the best form of protection for software has been and still is a most unsettled and vexing - and hence very topical - issue in intellectual property (IP) law and practice.

Eli Lilly & Co. V. American Cyanamid Co.: A "Patent Case" Of Dangerous Dicta In The Federal Circuit?, Nancy J. Flint

University of Miami Law Review

No abstract provided.

Protecting Reliance On The Patent System: The Economics And Equities Of Intervening Rights, Jonathan A. Platt

Case Western Reserve Law Review

No abstract provided.

Inventors Of The World, Unite - A Call For Collective Action By Employee-Inventors, Ann Bartow

Santa Clara Law Review

No abstract provided.

Biotechnology And The Patenting Of Living Organisms, Matthew Mcgovern

Animal Law Review

Mr. McGovern discusses the reasoning behind the leap from patentability of non-living things to the living thing~ within the last twenty years. He concludes that neither the Supreme Court or Court of Customs and Patent Appeals has offered a convincing rationale for the inclusion of living things within 35 U.S.C. Section 101.

Genome Research And Traditional Intellectual Property Protection -- A Bad Fit?, Kate H. Murashige

RISK: Health, Safety & Environment (1990-2002)

Dr. Murashige addresses the need for a patent system more closely tailored to the needs of biotechnology. For example, the obviousness requirement may interfere with using patents to recoup high costs of work when it could arguably be done by researchers of ordinary skill.

Social Issues Of Genome Innovation And Intellectual Property, Elaine Alma Draper

RISK: Health, Safety & Environment (1990-2002)

Dr. Draper's focus is the use of personal information derived from genome research. She identifies several potential problems, including access to and control of genetic information, employment discrimination and social stratification. She also recommends possible solutions.