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Articles 1 - 9 of 9
Full-Text Articles in Law
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Ann L. Nowak
No abstract provided.
Best Practices For Drafting University Technology Assignment Agreements After Filmtec, Stanford V. Roche, And Patent Reform, Parker Miles Tresemer
Best Practices For Drafting University Technology Assignment Agreements After Filmtec, Stanford V. Roche, And Patent Reform, Parker Miles Tresemer
Parker Tresemer
Since the end of World War II, federally funded universities and private companies have been an integral part of continued American innovation and technological production. However, like most rational economic actors, universities and private companies are only willing to invest in federally funded technologies if they are guaranteed some sort of exclusive return on their investment. By granting federal contractors exclusive patent rights to their employee’s federally funded inventions, the Bayh-Dole Act provided the necessary incentives for private sector investment in federally funded technologies. However, case law subsequent to Bayh-Dole’s enactment has significantly undermined the system of incentives Congress intended …
Best Practices For Drafting University Technology Assignment Agreements After Filmtec, Stanford V. Roche, And Patent Reform, Parker Tresemer
Best Practices For Drafting University Technology Assignment Agreements After Filmtec, Stanford V. Roche, And Patent Reform, Parker Tresemer
Parker Tresemer
Since the end of World War II, federally funded universities and private companies have been an integral part of continued American innovation and technological production. However, like most rational economic actors, universities and private companies are only willing to invest in federally funded technologies if they are guaranteed some sort of exclusive return on their investment. By granting federal contractors exclusive patent rights to their employee’s federally funded inventions, the Bayh-Dole Act provided the necessary incentives for private sector investment in federally funded technologies. However, case law subsequent to Bayh-Dole’s enactment has significantly undermined the system of incentives Congress intended …
Serious Flaw Of Employee Invention Ownership Under The Bayh-Dole Act In Stanford V. Roche: Finding The Missing Piece Of The Puzzle In The German Employee Invention Act, Toshiko Takenaka Prof.
Serious Flaw Of Employee Invention Ownership Under The Bayh-Dole Act In Stanford V. Roche: Finding The Missing Piece Of The Puzzle In The German Employee Invention Act, Toshiko Takenaka Prof.
Toshiko Takenaka Prof.
In Stanford v. Roche, the Supreme Court highlighted a serious flaw of employee invention ownership under the Bayh-Dole Act (BDA). This article argues that the current BDA is incomplete without a mechanism for contractors to secure the ownership of all federally funded inventions and proposes a revision to introduce such a mechanism from the German Employee Invention Act (EIA). Because the EIA influenced the drafting of the BDA, the EIA and BDA share key features, which make it easy for the BDA to adopt an ownership transfer mechanism from the EIA. This article also proposes to adopt a mechanism to …
Shirking The Duty To Defend In Florida: Is Assignment The Exception To Argonaut?, Matthew J. Jowanna
Shirking The Duty To Defend In Florida: Is Assignment The Exception To Argonaut?, Matthew J. Jowanna
Matthew J. Jowanna
A lawsuit is filed by a plaintiff and the defendant is served. The defendant has a drawer full of liability insurance policies and, therefore, the insured defendant sends a copy of the served complaint to any and all insurance carriers that may provide coverage for the claim. The insured defendant then receives a few coverage denials for reasons such as the event at issue did not occur within a certain policy period or that the insured’s private automobile policy does not provide coverage for a commercial general liability claim. In any event, the denials appear to be valid - so …
Shirking The Duty To Defend In Florida: Is Assignment The Exception To Argonaut?, Matthew J. Jowanna
Shirking The Duty To Defend In Florida: Is Assignment The Exception To Argonaut?, Matthew J. Jowanna
Matthew J. Jowanna
A lawsuit is filed by a plaintiff and the defendant is served. The defendant has a drawer full of liability insurance policies and, therefore, the insured defendant sends a copy of the served complaint to any and all insurance carriers that may provide coverage for the claim. The insured defendant then receives a few coverage denials for reasons such as the event at issue did not occur within a certain policy period or that the insured’s private automobile policy does not provide coverage for a commercial general liability claim. In any event, the denials appear to be valid -so the …
The Assignment Of The Arbitration Agreement: Comparative Trends, With Special Reference To Arbitration Clauses In Bills Of Lading., Karim Youssef
The Assignment Of The Arbitration Agreement: Comparative Trends, With Special Reference To Arbitration Clauses In Bills Of Lading., Karim Youssef
Dr. Karim Y Youssef
No abstract provided.
Substitution, Shaun Martin
Substitution, Shaun Martin
Shaun Martin
Rule 25 of the Federal Rules of Civil Procedure is a relatively obscure, but critical, procedural provision. When parties merge, die, become incompetent, are replaced in office, or assign their interests, Rule 25 allows the litigation to persist, and does so (at least in theory) without substantial substantive alteration in the litigation. This seemingly straightforward provision has been increasingly utilized by parties and federal courts, particularly as underlying economic transactions potentially relevant to litigation have become both more sophisticated and more commonplace. Although Rule 25 has been universally viewed as containing self-evident and entirely unproblematic principles, both in theory and …
Comment, Limits On The Privity And Assignment Of Legal Malpractice Claims, Tom Bell
Comment, Limits On The Privity And Assignment Of Legal Malpractice Claims, Tom Bell
Tom W. Bell
No abstract provided.