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Articles 1 - 17 of 17
Full-Text Articles in Law
The Shield Act: A Good Attempt At Curbing Patent Trolls That Leaves Us Wanting More, Adina Sivaraman
The Shield Act: A Good Attempt At Curbing Patent Trolls That Leaves Us Wanting More, Adina Sivaraman
The Journal of Business, Entrepreneurship & the Law
This Comment explores the SHIELD Act in its entirety. Part II examines the historical background of the patent troll issue--focusing on former legislation and case law that sought to curb patent troll lawsuits. Part III discusses what the SHIELD Act is and what it aims to do. Part IV analyzes the positive and negative effects that the SHIELD Act would have if passed and takes a look at other options for limiting patent troll litigation, while ultimately contending that the SHIELD Act should be reformed to take a stronger stand against patent trolls by taking into account other proposed reforms. …
Whodunnit? Divided Patent Infringement In Light Of Akamai Technologies, Inc. V. Limelight Networks, Inc., Mark Tomlinson
Whodunnit? Divided Patent Infringement In Light Of Akamai Technologies, Inc. V. Limelight Networks, Inc., Mark Tomlinson
The Journal of Business, Entrepreneurship & the Law
This Note provides background information on divided patent infringement in the United States with emphasis on landmark cases and the previous understanding of the Patent Act. Part II provides background information on the underlying controversies and the software at issue in each case. Part III discusses the opinions of the factions of the court, and Part IV dissects the reasoning of each. Part V examines the implications of Akamai on businesses and other method patent holders while acknowledging that the future of the court's holding remains uncertain.
Federal Circuit's Obviousness Test For New Pharmaceutical Compounds: Gobbledygook?, Douglas L. Rogers
Federal Circuit's Obviousness Test For New Pharmaceutical Compounds: Gobbledygook?, Douglas L. Rogers
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Patent, But Where Is Home And Global Justice? A Rawlsian And Senian Inquiry, Deming Liu
Patent, But Where Is Home And Global Justice? A Rawlsian And Senian Inquiry, Deming Liu
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Making Room For Cooperative Innovation, Liza S. Vertinsky
Making Room For Cooperative Innovation, Liza S. Vertinsky
Florida State University Law Review
Patent law, created in response to a constitutional mandate to encourage innovation, may be discouraging important forms of cooperative innovation. Advances in technology have enabled new ways of pooling knowledge and computational capabilities, facilitating cooperation among many participants with complementary skills and motivations to collectively solve complex problems. But emerging models of cooperative innovation increasingly run into patent roadblocks.
Why might patent law sometimes thwart instead of support socially beneficial cooperative innovation? The problem lies in the tensions between the market-based incentives that patent law creates and the mechanisms that support emerging models of cooperative innovation. The complexity and cost …
Competing With The “Patent Court”: A Newly Robust Ecosystem, Arti K. Rai
Competing With The “Patent Court”: A Newly Robust Ecosystem, Arti K. Rai
Chicago-Kent Journal of Intellectual Property
In a provocative address, Chief Judge Wood of the Seventh Circuit Court of Appeals suggests exposing the Court of Appeals for the Federal Circuit, created in 1982 to hear all appeals from patent cases, to competition from sister appellate courts. This response, published as part of a Symposium on Chief Judge Wood's address, argues that competition is indeed desirable. Whether such competition is best provided by other appellate courts is unclear, however. The more tractable approach is to improve competitive input from sources that have already emerged. These include dissenting Federal Circuit judges, parties and amici who are not "patent …
Federal Circuit Exclusive Appellate Patent Jurisdiction: A Response To Chief Judge Wood, Harold C. Wegner
Federal Circuit Exclusive Appellate Patent Jurisdiction: A Response To Chief Judge Wood, Harold C. Wegner
Chicago-Kent Journal of Intellectual Property
No abstract provided.
It’S Blonder-Tongue All Over Again, Alex Kozinski, Daniel Mandell
It’S Blonder-Tongue All Over Again, Alex Kozinski, Daniel Mandell
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Reconciling Twombly And Patent Pleadings Beyond The Text Of Form 18, Yoonhee Kim
Reconciling Twombly And Patent Pleadings Beyond The Text Of Form 18, Yoonhee Kim
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Software Patentability After Prometheus, Joseph Holland King
Software Patentability After Prometheus, Joseph Holland King
Georgia State University Law Review
This Note examines the history of patentability of abstract ideas and the tests that courts have used to make the determination of whether an invention incorporating an abstract idea is patentable. Part I provides a history of the four seminal cases related to patentable subject matter, as well as some more recent on point decisions. Part II changes focus to the various tests and factors that have been used by the courts, exploring the history of each, discussing the treatment by the Supreme Court, and determining the strengths and weaknesses of each. Based on the discussion in Part II, Part …
Fixing Notice Failure: How To Tame The Trolls And Restore Balance To The Patent System, Mark Rawls
Fixing Notice Failure: How To Tame The Trolls And Restore Balance To The Patent System, Mark Rawls
William & Mary Business Law Review
Patent litigation has become more frequent, more uncertain, and more expensive. Much of this can be traced to the rise of patent trolls asserting vague and uncertain software patents. Trolls have been derided as bringing frivolous and vexatious suits against productive companies, sapping the very same innovativeness that the patent system is supposed to encourage. Instead, companies are subject to nuisance-value suits as an ordinary course of business; for less established companies, such suits can threaten their very existence. Often, because of uncertain rules about claim construction and the granting of very broad patents, the accused infringer has no notice …
Induced To Infringe: Divided Patent Infringement In Light Of The Akamai Ruling, Sean Africk
Induced To Infringe: Divided Patent Infringement In Light Of The Akamai Ruling, Sean Africk
Nevada Law Journal
No abstract provided.
The End Of The Imitation Age?: The Effect Of Apple Inc. V. Samsung, Melissa Barcena
The End Of The Imitation Age?: The Effect Of Apple Inc. V. Samsung, Melissa Barcena
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema
Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema
The Journal of Business, Entrepreneurship & the Law
This Article addresses a single problem: how can we allow engineers and scientists from different institutions to collaborate to set the best technical standards possible, not considering intellectual property (“IP”) rights, and then establish the royalty rates for each patent owner after the standard is set? The current system attempting to solve this problem requires patent owner participants to sign a Reasonable and Non-Discriminatory (“RAND”) commitment. These RAND commitments require the participants to agree an ante, i.e., before the standard is actually set, to license whatever patent rights they may ultimately have in the standard on terms that are reasonable …
Diagnostic Patents At The Supreme Court, Arti K. Rai
Diagnostic Patents At The Supreme Court, Arti K. Rai
Marquette Intellectual Property Law Review
None.
The Case For Flexible Intellectual Property Protections In The Trans-Pacific Partnership , Matthew E. Silverman
The Case For Flexible Intellectual Property Protections In The Trans-Pacific Partnership , Matthew E. Silverman
Journal of Law and Health
The United States and eleven other countries are currently in the end stages of negotiating the Trans-Pacific Partnership (TPP)—the largest free trade agreement (FTA) in U.S. history—which incorporates a range of trade topics, including the protection and enforcement of intellectual property rights (IPRs). Although the negotiations have been highly secretive, negotiating texts of the agreement leaked as recently as November 2013 have suggested that the United States is proposing IPR provisions, specifically relating to patent protection, that are stronger and less flexible than IPR provisions included within three of the four most recent U.S. FTAs. This paper addresses and analyzes …
Frand's Forever: Standards, Patent Transfers, And Licensing Commitments, Jay P. Kesan, Carol M. Hayes
Frand's Forever: Standards, Patent Transfers, And Licensing Commitments, Jay P. Kesan, Carol M. Hayes
Indiana Law Journal
No abstract provided.