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Articles 1 - 30 of 81
Full-Text Articles in Law
Data-Generating Patents, Brenda M. Simon, Ted Sichelman
Data-Generating Patents, Brenda M. Simon, Ted Sichelman
Northwestern University Law Review
Patents and trade secrets are often considered economic substitutes. Under this view, inventors can decide either to maintain an invention as a trade secret or to seek a patent and disclose to the public the details of the invention. However, a handful of scholars have recognized that because the patent disclosure requirements are not always rigorous, inventors may sometimes be able to keep certain aspects of an invention secret, yet still receive a patent to the invention as a whole. Here, we provide further insight into how trade secrets and patents may act as complements. Specifically, we introduce the concept …
The Upside-Down Inequitable Conduct Defense, Tun-Jen Chiang
The Upside-Down Inequitable Conduct Defense, Tun-Jen Chiang
Northwestern University Law Review
“Inequitable conduct” is a patent law doctrine that renders a patent unenforceable when the patentee is found to have acted improperly before the U.S. Patent and Trademark Office. It is widely reviled and frequently criticized for being draconian: the Federal Circuit has famously called the doctrine an “absolute plague” that terrorizes patent owners. Responding to the concern about overdeterrence, the Federal Circuit has repeatedly narrowed the doctrine.
This Article takes a different perspective. The conventional wisdom is correct enough in arguing that the inequitable conduct doctrine sometimes produces overdeterrence. What has been overlooked, however, is the fact that the doctrine …
Informal Deference: A Historical, Empirical, And Normative Analysis Of Patent Claim Construction, J. Jonas Anderson, Peter S. Menell
Informal Deference: A Historical, Empirical, And Normative Analysis Of Patent Claim Construction, J. Jonas Anderson, Peter S. Menell
Northwestern University Law Review
No abstract provided.
Strategies For Trade Secrets Protection In China, J. Benjamin Bai, Guoping Da
Strategies For Trade Secrets Protection In China, J. Benjamin Bai, Guoping Da
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Role Of Dna Patents In Genetic Test Innovation And Access, Andrew S. Robertson
The Role Of Dna Patents In Genetic Test Innovation And Access, Andrew S. Robertson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Timing The Choice Of Law By Contract, Dolly Wu
Timing The Choice Of Law By Contract, Dolly Wu
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Prometheus Laboratories V. Mayo Clinic’S Gift To The Biotech Industry: A Study Of Patent-Eligibility Of Medical Treatment And Diagnostic Methods After Bilski, Dan Hoang
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
“I’M Litigatin’ It”: Infringement, Dilution, And Parody Under The Lanham Act, Patrick Emerson
“I’M Litigatin’ It”: Infringement, Dilution, And Parody Under The Lanham Act, Patrick Emerson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
P2p File-Sharing And The Making Available War, Diana Sterk
P2p File-Sharing And The Making Available War, Diana Sterk
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Patent Marking Estoppel And The Patent Licensee, Scott D. Locke
Patent Marking Estoppel And The Patent Licensee, Scott D. Locke
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Top Tens In 2010: Patent And Trademark Cases, Stephen Mcjohn
Top Tens In 2010: Patent And Trademark Cases, Stephen Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Top Tens In 2010: Copyright And Trade Secret Cases, Stephen Mcjohn
Top Tens In 2010: Copyright And Trade Secret Cases, Stephen Mcjohn
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr
Who Defines The Law? Uspto Rulemaking Authority, Jonathan Masur, James B. Speta, Nicholas M. Zovko, Donald L. Zuhn, Jr
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller
Federal Circuit Patent Precedent: An Empirical Study Of Institutional Authority And Ip Ideology, David Pekarek-Krohn, Emerson H. Tiller
Faculty Working Papers
In this paper, we aim to better understand the institutional authority of the Federal Circuit as a source of law as well as the influence of pro-patent and anti-patent ideological forces at play between the Supreme Court, Federal Circuit, and the district courts. Our specific focus is on the district courts and how they cite Federal Circuit precedent relative to Supreme Court precedent to support their decisions, whether they be pro-patent or anti-patent. Using a variety of citation approaches and statistical tests, we find that federal district courts treat the Federal Circuit as more authoritative (compared to the Supreme Court) …
Network Transparency: Seeing The Neutral Network, Adam Candeub
Network Transparency: Seeing The Neutral Network, Adam Candeub
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger
Machines And Transformations: The Past, Present, And Future Patentability Of Software, Andrei Iancu, Peter Gratzinger
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts
The Microsoft Case 10 Years Later: Antitrust And New Leading "New Economy" Firms, Chris Butts
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
The Patenting Of Social Interactions:, Jonathan Masur, Matthew Sag, Joshua Sarnoff, Daniel Williams
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner
Strategies For The Uspto: Ensuring America’S Innovation Future, Sharon Barner
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman
O’Keefe And The Wheel That Begs For Reinvention: An Exceptionalist Approach To Electronic Discovery In Criminal Actions, Jared S. Beckerman
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes
Three Years Post-Ksr: A Practitioner’S Guide To “Winning” Arguments On Obviousness And A Look At What May Lay Ahead, Katherine M. L. Hayes
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani
Empirical Analysis Of Drug Approval-Drug Patenting Linkage For High Value Pharmaceuticals, Ron A. Bouchard, Richard W. Hawkins, Robert Clark, Reider Hagtvedt, Jamil Sawani
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James Degiulio
The Genomic Research And Accessibility Act: More Science Fiction Than Fact, James Degiulio
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Is Patent Hold-Up Anticompetitive?, Vishesh Narayen
Is Patent Hold-Up Anticompetitive?, Vishesh Narayen
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Evaluation Of The Design Piracy Prohibition Act: Is The Cure Worse Than The Disease? An Analogy With Counterfeiting And A Comparison With The Protection Available In The European Community., Silvia Beltrametti
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
To Be Fixed Or Not To Be: The Seemingly Never-Ending Question Of Copyrighted Material, Karl O. Riley
To Be Fixed Or Not To Be: The Seemingly Never-Ending Question Of Copyrighted Material, Karl O. Riley
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr
Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Acquiring A Flavor For Trademarks: There's No Common Taste In The World, Amanda E. Compton
Acquiring A Flavor For Trademarks: There's No Common Taste In The World, Amanda E. Compton
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag
Trademark And Copyright In The Days Of Internet: The Google Influence, Michael H. Baniak, Matthew Sag
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Federal Circuit's Inequitable Conduct Standard After, Benjamin Johnson
The Federal Circuit's Inequitable Conduct Standard After, Benjamin Johnson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.