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Full-Text Articles in Law

Concerning The Use Of Solitary Confinement In Immigrant Detention Facilities In The United States Of America (2013), John Marshall Law School International Human Rights Clinic, Sarah Dávila-Ruhaak, Steven D. Schwinn Sep 2013

Concerning The Use Of Solitary Confinement In Immigrant Detention Facilities In The United States Of America (2013), John Marshall Law School International Human Rights Clinic, Sarah Dávila-Ruhaak, Steven D. Schwinn

UIC Law White Papers

This report relates to the situation of immigrant detainees who are held in solitary confinement in detention facilities in the United States. It is submitted in response to the United States’ fourth periodic report and specifically addresses the widespread use of solitary confinement in immigrant detention as it violates immigrant detainees’ rights to due process and judicial remedies, violations of minimum standards of the right to humane treatment, and the right to personal liberty. The report discusses the policies and practices of the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) that support the use of …


Appellant's Response To The Court's Invitation To Address Any Empirical Analysies Of Jury Polls, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn Sep 2013

Appellant's Response To The Court's Invitation To Address Any Empirical Analysies Of Jury Polls, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn

Court Documents and Proposed Legislation

No abstract provided.


Filed Response By Appellant Glenn Verser Attorney Steven D. Schwinn To Defendants-Appellees' Submission Of Supplemental Authority, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn Sep 2013

Filed Response By Appellant Glenn Verser Attorney Steven D. Schwinn To Defendants-Appellees' Submission Of Supplemental Authority, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn

Court Documents and Proposed Legislation

No abstract provided.


Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso May 2013

Segregation In The Chicago Metropolitan Area: Some Immediate Measures To Reverse This Impediment To Fair Housing (2013), John Marshall Law School Fair Housing Legal Support Center, F. Willis Caruso

UIC Law White Papers

No abstract provided.


Reply Brief Of Plaintiff-Appellant, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn Mar 2013

Reply Brief Of Plaintiff-Appellant, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn

Court Documents and Proposed Legislation

No abstract provided.


Supported Decision-Making: A Viable Alternative To Guardianship?, Amy T. Campbell Mar 2013

Supported Decision-Making: A Viable Alternative To Guardianship?, Amy T. Campbell

UIC Law Open Access Faculty Scholarship

No abstract provided.


Brief And Required Short Appendix Of Plaintiff-Appellant, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn Feb 2013

Brief And Required Short Appendix Of Plaintiff-Appellant, Glenn Verser V. Jeffrey Barfield, Et Al, Docket No. 11-02091, 741 F.3d 734 (7th Circuit Court Of Appeals 2013), Steven D. Schwinn

Court Documents and Proposed Legislation

No abstract provided.


Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery Jan 2013

Dysfunctional Contracts And The Laws And Practices That Enable Them: An Empirical Analysis, 46 Ind. L. Rev. 797 (2013), Debra Pogrund Stark, Jessica M. Choplin, Eileen Linnabery

UIC Law Open Access Faculty Scholarship

While many courts refuse to strike down these clauses under the unconscionability test, this Article argues that the results from the Remedies Experiment should lead courts to adopt a different set of tests for ruling on the enforceability of limitation-of-remedy clauses in home purchase contracts. Part I of this Article highlights the relevant results from two empirical studies Professor Stark conducted regarding major problems with the fairness of purchase agreement forms used by residential real estate developers in Illinois. Part I also discusses the lack of home purchaser understanding of key relevant laws and legal documents examined in an empirical …


Self-Replicating Technologies And The Challenge For The Patent And Antitrust Laws, 32 Cardozo Arts & Ent. L.J. 131 (2013), Daryl Lim Jan 2013

Self-Replicating Technologies And The Challenge For The Patent And Antitrust Laws, 32 Cardozo Arts & Ent. L.J. 131 (2013), Daryl Lim

UIC Law Open Access Faculty Scholarship

Few patented inventions challenge the traditional boundaries of the patent and antitrust laws like those that are capable of multiplying as they are used. These self-replicating technologies are embedded in our food, fortify our vaccines, and form the computer code upon which the information age is based. These inventions create an inherent conflict between patentees and their customers. The conflict arises because every customer could become competitors as the product replicates, potentially making every first sale the patentee's last. They also challenge how we think about fundamental issues of ownership as well as innovation and market competition, and make it …


Pushing Ahead With The Pro Bono Assistance Program, 12 J. Marshall Rev. Intell. Prop. L. 286 (2013), John Calvert Jan 2013

Pushing Ahead With The Pro Bono Assistance Program, 12 J. Marshall Rev. Intell. Prop. L. 286 (2013), John Calvert

UIC Review of Intellectual Property Law

Lawyers often contribute their time and energy helping the under-resourced through pro bono work, whether because it’s required of them or because of a personal desire to assist those less fortunate. But until 2011, few, if any programs were available for IP Professionals to volunteer their time for patent legal services, leaving them to contribute to areas of law outside their expertise. A group of IP law experts from LegalCORPS and a pro bono program created by the America Invents Act (AIA) has changed that. In this brief Article, John Calvert, author of the AIA provision that created the USPTO …


Patent Portfolio Strategy For The America Invents Act, 12 J. Marshall Rev. Intell. Prop. L. 289 (2013), George Wheeler Jan 2013

Patent Portfolio Strategy For The America Invents Act, 12 J. Marshall Rev. Intell. Prop. L. 289 (2013), George Wheeler

UIC Review of Intellectual Property Law

The Leahy-Smith America Invents Act made significant changes to U.S. patent law when it was enacted on September 16, 2011. Some provisions did not immediately take effect, however, and arguably the most important of these delayed provisions are the new rules under section 102 relating to prior art and the transition from a “first to invent” system to a “first inventor to file” system. This Article provides a guide to understanding the new rules relating to prior art and the impact these changes have on patent prosecution. Then, several strategies and techniques are discussed for managing a patent portfolio in …


On Measuring The Expertise Of Patent-Pilot Judges: Encouraging Enhancement Of Claim-Construction Uniformity, 12 J. Marshall Rev. Intell. Prop. L. 309 (2013), Etan S. Chatlynne Jan 2013

On Measuring The Expertise Of Patent-Pilot Judges: Encouraging Enhancement Of Claim-Construction Uniformity, 12 J. Marshall Rev. Intell. Prop. L. 309 (2013), Etan S. Chatlynne

UIC Review of Intellectual Property Law

A Pilot Program to “encourage enhancement of expertise” in patent cases among district judges recently got underway in the federal courts. The program is designed to funnel patent cases to judges who volunteer to become “pilot judges.” The idea is that as these judges hear more patent cases and become more familiar with patent law, they will be able to craft claim constructions and opinions that are increasingly likely to survive the scrutiny of the Court of Appeals for the Federal Circuit. Unfortunately, the Federal Circuit’s jurisprudence may itself encumber these efforts because of a split among the Federal Circuit …


The Biosimilars Act: The United States’ Entry Into Regulating Biosimilars And Its Implications, 12 J. Marshall Rev. Intell. Prop. L. 322 (2013), Shawn P. Gorman, Adrian Pishko, John Iwanicki, Judith Stone-Hulslander Jan 2013

The Biosimilars Act: The United States’ Entry Into Regulating Biosimilars And Its Implications, 12 J. Marshall Rev. Intell. Prop. L. 322 (2013), Shawn P. Gorman, Adrian Pishko, John Iwanicki, Judith Stone-Hulslander

UIC Review of Intellectual Property Law

The Patient Protection and Affordable Care Act is most well-known for creating a mandate requiring individuals to have health insurance. However, another provision of the Act, the Biologics Price Competition and Innovation Act, created a new process for companies to introduce biosimilars, products that are highly similar to licensed drugs in terms of purity, safety, and potency, but have minor differences in the inactive ingredients. This provision seeks to alleviate strain on companies introducing biosimilars by creating an abbreviated pathway for their approval by the Food and Drug Administration, similar to an Abbreviated New Drug Application under the Hatch-Waxman Act. …


“Cyberanarchy” In The Digital Age: Developing A System Of Human (Copy)Rights, 12 J. Marshall Rev. Intell. Prop. L. 424 (2013), Michael L. Boyle Jan 2013

“Cyberanarchy” In The Digital Age: Developing A System Of Human (Copy)Rights, 12 J. Marshall Rev. Intell. Prop. L. 424 (2013), Michael L. Boyle

UIC Review of Intellectual Property Law

“Cyberanarchy,” broadly refers to the idea that legal regulation of the Internet is an infeasible objective. One prime example is current online enforcement mechanisms’ inability to quell copyright infringement. These mechanisms do little more than perpetuate a technological arms race between copyright holders and infringers. Moreover, with notable public relations failures, such as the RIAA lawsuits and digital rights management schemes, society has taken on a nonchalant attitude towards online infringement. Examining traditional justifications behind obedience to the law, this blasé attitude takes root in societal feelings of inadequacy both in “normative” and “instrumental” perspectives of justice. Normatively, there lacks …


#Bewareofovershare: Social Media Discovery And Importance In Intellectual Property Litigation, 12 J. Marshall Rev. Intell. Prop. L. 449 (2013), Jennifer K. Gregory Jan 2013

#Bewareofovershare: Social Media Discovery And Importance In Intellectual Property Litigation, 12 J. Marshall Rev. Intell. Prop. L. 449 (2013), Jennifer K. Gregory

UIC Review of Intellectual Property Law

As the use of social media continues to expand, lawyers will increasingly rely on evidence gleaned from social media sources. This is already true in several areas of litigation, including various types of intellectual property litigation. Thus far, the rules of civil procedure, evidence, and professional conduct have addressed many of the issues that arise regarding the acquisition and use of social media evidence. Lawyers should at least investigate social media usage by key parties in each particular case in order to be aware of what social media evidence could be available. Lawyers are also responsible for having a basic …


The Trademark/Domain Name Protection War: A Comparative Study Of The U.S., Udrp And Taiwanese Law, 12 J. Marshall Rev. Intell. Prop. L. 350 (2013), Chih-Hong (Henry) Tsai Jan 2013

The Trademark/Domain Name Protection War: A Comparative Study Of The U.S., Udrp And Taiwanese Law, 12 J. Marshall Rev. Intell. Prop. L. 350 (2013), Chih-Hong (Henry) Tsai

UIC Review of Intellectual Property Law

Trademarks have ancient origins, and a long developmental history that has informed and shaped modern approaches to trademark disputes. Many of these disputes are familiar. Yet others are a product of technological developments, such as the threats modern trademark owners face as a result of young and vibrant domain names. The United States Congress and the Internet Corporation for Assigned Names and Numbers (ICANN) have each attempted to address conflicts between trademarks and domain names, while Taiwan has not. After surveying the U.S. and ICANN attempts, and comparing each to existing Taiwanese law, this Article provides a set of recommendations …


As Seen On Tv: Your Compromising Cameo On National Reality Programming, 12 J. Marshall Rev. Intell. Prop. L. 403 (2013), Ryan Westerman Jan 2013

As Seen On Tv: Your Compromising Cameo On National Reality Programming, 12 J. Marshall Rev. Intell. Prop. L. 403 (2013), Ryan Westerman

UIC Review of Intellectual Property Law

The pop-culture phenomenon of reality television has taken over national programming. With the click of a remote, viewers can gain an inside look into the daily lives of celebrity families, toddler pageant queens, wealthy housewives, even pregnant teenagers. Reality television also profiles different professions: repo-men, pawn shop owners, and real estate agents all have television time slots. While it seems everyone is desperate for their fifteen minutes of fame, there are still those who wish to avoid the public spotlight. However, a recent Illinois ruling may make avoiding prime-time attention impossible for certain individuals caught on tape in compromising, and …


Mad Men Posing As Ordinary Consumers: The Essential Role Of Self-Regulation And Industry Ethics On Decreasing Deceptive Online Consumer Ratings And Reviews, 12 J. Marshall Rev. Intell. Prop. L. 462 (2013), Lucille M. Ponte Jan 2013

Mad Men Posing As Ordinary Consumers: The Essential Role Of Self-Regulation And Industry Ethics On Decreasing Deceptive Online Consumer Ratings And Reviews, 12 J. Marshall Rev. Intell. Prop. L. 462 (2013), Lucille M. Ponte

UIC Review of Intellectual Property Law

Technology provides consumers with new ways to avoid advertisements, such as fast forwarding through TV commercials and using filtering software to block pop-up ads. Accordingly brand sponsors and their advertising marketing firms have sought alternative methods to pierce through consumer resistance to ads. Social media offers an optimal platform to reach millions of consumers on a nearly daily basis who interact and often rely heavily on the reviews and rankings of fellow consumers. However, many of today’s branding campaigns now mask sponsored ads as ordinary consumer reviews or “Like” and “Don’t Like” responses to a service or product. Unbeknownst to …


Outspoken: Social Media And The Modern College Athlete, 12 J. Marshall Rev. Intell. Prop. L. 509 (2013), Meg Penrose Jan 2013

Outspoken: Social Media And The Modern College Athlete, 12 J. Marshall Rev. Intell. Prop. L. 509 (2013), Meg Penrose

UIC Review of Intellectual Property Law

The First Amendment to the United States Constitution grants American citizens the right to free speech. However, in the case of college athletes, this right is not without limitation. In exchange for the privilege of participating in college level athletics, college athletes voluntarily agree to terms that restrict their abilities to speak freely, specifically in the context of social media platforms. This article details situations in which college athletes have made offensive statements via social media for which they later needed to delete, explain, and apologize. These examples support the notion that restrictions on college athletes’ speech are not only …


The Emerging Reality Of Social Media: Erosion Of Individual Privacy Through Cyber-Vetting And Law’S Inability To Catch Up, 12 J. Marshall Rev. Intell. Prop. L. 551 (2013), Saby Ghoshray Jan 2013

The Emerging Reality Of Social Media: Erosion Of Individual Privacy Through Cyber-Vetting And Law’S Inability To Catch Up, 12 J. Marshall Rev. Intell. Prop. L. 551 (2013), Saby Ghoshray

UIC Review of Intellectual Property Law

The rise of social media means that data about a large number of people is available in public and quasi-public digital locations. Employers, keen on taking advantage of this additional data to decrease the risk associated with an offer of employment, are engaging in “cyber-vetting”—non-consenting social media searches conducted by third parties or the employers themselves. To the extent that current law applies to this practice, the regulation it provides is weak and attacks only part of the problem. Left unchecked, cyber-vetting has the potential to fundamentally alter the scope of prospective employees’ rights. This article surveys the legal and …


What Close Cases And Reversals Reveal About Claim Construction At The Federal Circuit, 12 J. Marshall Rev. Intell. Prop. L. 583 (2013), Thomas W. Krause, Heather F. Auyang Jan 2013

What Close Cases And Reversals Reveal About Claim Construction At The Federal Circuit, 12 J. Marshall Rev. Intell. Prop. L. 583 (2013), Thomas W. Krause, Heather F. Auyang

UIC Review of Intellectual Property Law

Claim construction is central to patent litigation and has been the focus of a voluminous body of scholarship. Researchers have collected data from all aspects of claim construction cases, looking for answers to questions such as why the Federal Circuit reverses district courts’ claim constructions so frequently, why Federal Circuit judges reach different conclusions from one another, and what methodologies these judges are utilizing. This paper takes a novel approach to analyze these questions. Rather than focus on all claim construction cases, this paper focuses only on cases where the Federal Circuit was divided and a dissent was written, and …


Million-Card Monte: Reforming The Markush Claim Post-Aia To Save Synthetic Chemical Innovation, 12 J. Marshall Rev. Intell. Prop. L. 720 (2013), Adam Sussman Jan 2013

Million-Card Monte: Reforming The Markush Claim Post-Aia To Save Synthetic Chemical Innovation, 12 J. Marshall Rev. Intell. Prop. L. 720 (2013), Adam Sussman

UIC Review of Intellectual Property Law

The Markush patent claim arose as a solution to the challenging problem of describing inventions that could not be defined any other way than by a list of the members of a group. The original Markush group, claimed in 1923, listed only three alternatives; in the years since, the populations of these groups have swelled to totals beyond calculation, as pharmaceutical companies took advantage of the opportunity to claim multitudes of alternative chemical compounds by systematically iterating the functional groups at various molecular positions. However, without completing the now-impossible task of synthesizing and testing each of innumerable chemical compounds for …


Should There Be A Presumption Favoring Awards Of Attorney’S Fees In Copyright Litigation?, 12 J. Marshall Rev. Intell. Prop. L. 630 (2013), William T. Mcgrath Jan 2013

Should There Be A Presumption Favoring Awards Of Attorney’S Fees In Copyright Litigation?, 12 J. Marshall Rev. Intell. Prop. L. 630 (2013), William T. Mcgrath

UIC Review of Intellectual Property Law

Section 505 of the Copyright Act allows courts to award attorney’s fees to the prevailing party in a copyright case. Almost twenty years ago, the Supreme Court in Fogerty resolved a split among the circuits over the interpretation of that statute. First, it held that courts should apply several nonexclusive factors when determining if the prevailing party, whether defendant or plaintiff, should be entitled to recover attorney’s fees. Second, the Court refused to apply a presumption that the prevailing party will automatically recover attorney’s fees, opting instead for the districts courts to apply “equitable discretion” in awarding fees. But in …


Allocation Of New Top-Level Domain Names And The Effect Upon Religious Freedom, 12 J. Marshall Rev. Intell. Prop. L. 697 (2013), N. Cameron Russell Jan 2013

Allocation Of New Top-Level Domain Names And The Effect Upon Religious Freedom, 12 J. Marshall Rev. Intell. Prop. L. 697 (2013), N. Cameron Russell

UIC Review of Intellectual Property Law

The monopoly provided when trademark protection is given to a religious name is in direct tension with an individual’s right to freedom of religion. One’s ability to freely use a particular religious name in spiritual practice, and to identify one’s belief system with the words that commonly describe it, are weakened when trademark law designates just one owner. This Article explores the impact of the impending issuance of brand new top-level domains utilizing religious names, and how the providing of an exclusive right for one entity to govern over a religious top-level domain, in addition to the existence of a …


A Context-Sensitive Inquiry: The Interpretation Of Meaning In Cases Of Visual Appropriation Art, 12 J. Marshall Rev. Intell. Prop. L. 746 (2013), Elizabeth Winkowski Jan 2013

A Context-Sensitive Inquiry: The Interpretation Of Meaning In Cases Of Visual Appropriation Art, 12 J. Marshall Rev. Intell. Prop. L. 746 (2013), Elizabeth Winkowski

UIC Review of Intellectual Property Law

As Andy Warhol’s famous depiction of a soup can has demonstrated, the meaning of a work depends on its context. While the Campbell’s label signified one thing to shoppers in supermarkets, it raised new questions when presented as a work of art. Warhol’s work is just one example of what has come to be known as appropriation art, an artistic practice that borrows and repurposes images from the media, popular culture, and other sources. Unsurprisingly, this art form is in frequent tension with copyright law. This comment suggests that in analyzing the“purpose and character” factor of the fair use inquiry, …


Reverse Payment Settlements: The U.S. Supreme Court Has Finally Agreed To Resolve The Issue, 12 J. Marshall Rev. Intell. Prop. L. 787 (2013), Tyler Cho Jan 2013

Reverse Payment Settlements: The U.S. Supreme Court Has Finally Agreed To Resolve The Issue, 12 J. Marshall Rev. Intell. Prop. L. 787 (2013), Tyler Cho

UIC Review of Intellectual Property Law

Paragraph IV of the Hatch-Waxman Act provides a mechanism for litigating pharmaceutical patent infringement disputes. Many of these cases have been settled with “reverse payments” from the brand to the generic in return for delayed generic entry. The U.S. Federal Trade Commission (FTC) has contested a number of these settlements with mixed results. On July 16, 2012, the U.S. Court of Appeals for the Third Circuit issued a decision holding that pharmaceutical patent settlements that restrict generic entry and contain a payment to the generic company are presumptively unlawful under U.S. antitrust laws. By holding that a patent settlement can …


Directed To Or Encompassing A Human Organism: How Section 33 Of The America Invents Act May Threaten The Future Of Biotechnology, 12 J. Marshall Rev. Intell. Prop. L. 768 (2013), Ava Caffarini Jan 2013

Directed To Or Encompassing A Human Organism: How Section 33 Of The America Invents Act May Threaten The Future Of Biotechnology, 12 J. Marshall Rev. Intell. Prop. L. 768 (2013), Ava Caffarini

UIC Review of Intellectual Property Law

Biotechnology is a rapidly growing field that has pushed the limits of patent eligible subject matter. In response to the expansion of biotechnology, critics have emerged with both economic and moral concerns over the development and patenting of these technologies. On the economic front, critics are wary of the potential development of an“anticommons.” On the moral front, critics are concerned with the potential to erode human dignity and “play God.” Congress has responded to the moral concerns with section 33 of the America Invents Act. Section 33 states that“[n]otwithstanding any other provision of law, no patent may issue on a …


Idea Into Practice: How Well Does U.S. Patent Law Implement Modern Innovation Theory, 12 J. Marshall Rev. Intell. Prop. L. 644 (2013), Stephen M. Maurer Jan 2013

Idea Into Practice: How Well Does U.S. Patent Law Implement Modern Innovation Theory, 12 J. Marshall Rev. Intell. Prop. L. 644 (2013), Stephen M. Maurer

UIC Review of Intellectual Property Law

The U.S. Supreme Court’s decision in Graham v. John Deere (1966) placed neoclassical economic insights at the heart of modern patent law. But economic theory has moved on. Since the 1990s, legal scholars have repeatedly mined the discipline to propose ad hoc rules for individual industries, such as biotech and software. So far, however, they have almost always ignored the literature’s broader lessons for doctrine. This article asks how well today’s patent doctrine follows and occasionally departs from modern economic principles. The analysis begins by reviewing what neoclassical economists have learned about innovation since the 1970s. Legal scholars usually divide …


How The Internet Has Removed The Historical Rationale For "Non-Analogous Arts", 13 J. Marshall Rev. Intell. Prop. L. 68 (2013), Hal Milton Jan 2013

How The Internet Has Removed The Historical Rationale For "Non-Analogous Arts", 13 J. Marshall Rev. Intell. Prop. L. 68 (2013), Hal Milton

UIC Review of Intellectual Property Law

The growth of the Internet has affected countless aspects of daily life, including the patent system. Internet-based legal research has grown considerably, given the convenience of general search agents such as Google, legally-focused search agents such as Westlaw and Lexis, and patent-focused search agents such as the PAIR system of the United States Patent and Trademark Office. These legal research tools have not only made it easier to find prior art, they have also expanded the volume of information that is available to one of ordinary skill in the art. Consequently, the traditional rules of so-called “analogous arts” are changing. …


Application Of The Hatch-Waxman Act's Safe Harbor Provision Following Momenta, 13 J. Marshall Rev. Intell. Prop. L. 1 (2013), Alfred C. Server Jan 2013

Application Of The Hatch-Waxman Act's Safe Harbor Provision Following Momenta, 13 J. Marshall Rev. Intell. Prop. L. 1 (2013), Alfred C. Server

UIC Review of Intellectual Property Law

The Federal Circuit’s recent decision in Momenta v. Amphastar highlights the continuing uncertainty regarding the scope of the statutory exemption from patent infringement provided in 35 U.S.C. § 271(e)(1). The statute states that “[i]t shall not be an act of infringement to make, use, offer to sell, or sell within the United States or import into the United States a patented invention . . . solely for uses reasonably related to the development and submission of information under a Federal law which regulates the manufacture, use, or sale of drugs or veterinary biological products.” Since its adoption in 1984 with …