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Full-Text Articles in Law
Catalyzing Technology Development Through University Research, Jorge Contreras, Charles R. Mcmanis
Catalyzing Technology Development Through University Research, Jorge Contreras, Charles R. Mcmanis
Working Papers
Research universities have traditionally been catalysts for technological innovation, particularly in new and emerging industries. Against this backdrop, it is not surprising that some of the most promising new technologies relating to climate change are being developed at research universities. In this chapter, we first summarize several modes of university technology development and licensing. Next we describe the evolution of university technology commercialization and the Bayh-Dole Act of 198'8 which is widely credited with establishing the intellectual property structure of current university licensing and technology transfer. We then discuss some important legal and intellectual property considerations relevant to the development, …
Equity, Antitrust, And The Reemergence Of The Patent Unenforceability Remedy, Jorge Contreras
Equity, Antitrust, And The Reemergence Of The Patent Unenforceability Remedy, Jorge Contreras
Articles in Law Reviews & Other Academic Journals
The conventional legal analysis of technical standard setting derives primarily from antitrust law. But antitrust remedies, taken alone, may not be broad enough to address recent abuses of the standardization process. The principal example of this shortcoming is the well-known case of Rambus, Inc., which, over the course of several years, was alleged to have concealed relevant patent applications from a standards organization in which it participated and then successfully sued the entire DRAM industry for royalties after the standard was “locked-in.” Remarkably, Rambus prevailed in its litigation campaign despite aggressive enforcement efforts by the Federal Trade Commission. Rambus’s success …