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The Research Exemption To Patent Infringement: The Delicate Balance Between Current And Future Technical Progress, Katherine J. Strandburg
The Research Exemption To Patent Infringement: The Delicate Balance Between Current And Future Technical Progress, Katherine J. Strandburg
Katherine J. Strandburg
No abstract provided.
Debate, The Obviousness Requirement In The Patent Law, R. Polk Wagner, Katherine J. Strandburg
Debate, The Obviousness Requirement In The Patent Law, R. Polk Wagner, Katherine J. Strandburg
Katherine J. Strandburg
In this debate, Professor R. Polk Wagner, of Penn, and Professor Katherine J. Strandburg, of DePaul University College of Law, consider the merits (and demerits) of one doctrinal approach to the so-called "obviousness" requirement in patent law--the "teaching, suggestion, or motivation" (TSM) test. In Wagner's view, "even with its imperfections, the law and policy of the TSM analysis, done right, offers the best opportunity to bring predictability, transparency, and rigor to what is, at the end of the day, the enormously difficult task of quantifying what the patent law rewards as invention." For reasons she explains, Strandburg maintains that "the …