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Full-Text Articles in Law
Diminishing Uncertainty In Software Patents: After The Supreme Court Denied Certiorari For Synopsys Inc. V. Mentor Graphics Corp., Kayla Hope Barnes
Diminishing Uncertainty In Software Patents: After The Supreme Court Denied Certiorari For Synopsys Inc. V. Mentor Graphics Corp., Kayla Hope Barnes
Journal of Intellectual Property Law
There is currently a gap in United States' patent law that is threatening American innovation. The lack of predictability of the patent eligibility of new computer software has left many to wonder what the future holds for the industry. This idea is illustrated by the Global Intellectual Property Center's most recent patent protection rankings where, for the first time, the Global Intellectual Property Center ranked the United States tenth in patent protection tied with Hungary. To put this in perspective, the Center ranked the United States as the best country for patents in 2016. The 2017 report cites "uncertainty" in …
Protecting Blockchain Investments In A Patent Troll World, Kelli Spearman
Protecting Blockchain Investments In A Patent Troll World, Kelli Spearman
Journal of Intellectual Property Law
When blockchain technology was first introduced via the now-infamous Bitcoin in 2008, it was almost immediately recognized by the tech industry as being even more valuable (and certainly less volatile) than the cryptocurrency it embodied. The publicly distributed ledger known as the blockchain has created a frenzy that is continuing to grow as industries explore future adaptations of the technology. Following this explosion of cross-industry innovation, intellectual property issues naturally follow as early adaptors seek to capture the value of pioneering new blockchain technology. The rising popularity of the blockchain has created an intellectual property gold-rush as firms hoping to …
The Shifting Landscape Of Medicine: Patents Of Personalized Biologic Treatments And Their Potential Conflicts With Right-To-Try Laws, Johnson T. Laney
The Shifting Landscape Of Medicine: Patents Of Personalized Biologic Treatments And Their Potential Conflicts With Right-To-Try Laws, Johnson T. Laney
Journal of Intellectual Property Law
The United States has gone back and forth over whether its citizens have a moral right to access potentially life sustaining or lifesaving treatment when they are terminally ill. Currently, forty-one states and the US Senate have passed "right to try" laws that permit terminally ill patients to have access to experimental treatments that have not yet received FDA approval. The United States has had a difficult time determining whether a patient has the right to refuse life-sustaining or lifesaving treatment because of fear that the patient is suicidal. The Supreme Court has addressed this problem and determined that the …
Monetizing Tribal And State Sovereign Immunity In Patent Law: An Attempt To Neutralize The Patent Death Squad, Sean P. Belding
Monetizing Tribal And State Sovereign Immunity In Patent Law: An Attempt To Neutralize The Patent Death Squad, Sean P. Belding
Journal of Intellectual Property Law
On September 8, 2017, Allergan announced the assignment of six of its patents to the St. Regis Mohawk Tribe. These six patents protected Allergan 's exclusivity over the blockbuster drug RESTASIS and were at risk of invalidity due to an inter partes review proceeding. In return for substantial monetary consideration, the Mohawk Tribe granted Allergan an exclusive license back and agreed to invoke its tribal sovereign immunity in an attempt to obtain a dismissal of the inter partes review proceedings against the RESTASIS patents. Allergan's strategy is an attempt to monetize sovereign immunity that raises significant concerns in patent law …
Patent Law And The Emigration Of Innovation, Greg Day, Steven Udick
Patent Law And The Emigration Of Innovation, Greg Day, Steven Udick
Scholarly Works
Legislators and industry leaders claim that patent strength in the United States has declined, causing firms to innovate in foreign countries. However, scholarship has largely dismissed the theory that foreign patents have any effect on where firms invent, considering that patent law is bound by strict territorial limitations (as a result, one cannot strengthen their patent protection by innovating abroad). In essence, then, industry leaders are deeply divided from scholarship about whether innovative firms seek out jurisdictions offering stronger patent rights, affecting the rate of innovation.
To resolve this puzzle, we offer a novel theory of patent rights — which …