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Articles 1 - 30 of 51
Full-Text Articles in Law
Randomness, Ai Art, And Copyright, Richard H. Chused
Randomness, Ai Art, And Copyright, Richard H. Chused
Articles & Chapters
No abstract provided.
Metasoftware: Building Blocks For Legal Technology, Houman Shadab
Metasoftware: Building Blocks For Legal Technology, Houman Shadab
Articles & Chapters
This Article develops a novel concept in information technology called metasoftware. It then applies the concept of metasoftware to developing legal technology.
Metasoftware enables users to create the software of their choosing and stands in sharp contrast to traditional, functional software that is intended for a particular purpose or a defined range of tasks. Functional software is the default type of software that is currently produced and includes word processing, email, social networking, enterprise resource management, online marketplaces, and video game software. Metasoftware, by contrast, is not functional. Metasoftware presents the user with a blank slate upon which to build …
Eviscerating Patent Scope, Shahrokh Falati
Eviscerating Patent Scope, Shahrokh Falati
Articles & Chapters
The scope of patent claims directed to inventions in the field of pharmaceuticals and biotechnology has been stumped by the Court of Appeals for the Federal Circuit’s recent jurisprudence on 35 U.S.C. § 112. Specifically, the application of a heightened test for enablement of claims to a genus of compounds with functional limitations or a genus of therapeutic antibodies, coupled with an increasingly broader application of the written description doctrine, has resulted in considerable uncertainty in the biopharmaceutical industry. The Federal Circuit’s shift in interpreting 35 U.S.C. § 112 contravenes the statute and Supreme Court precedent by splitting the singular …
Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused
Charging Bull, Fearless Girl, Composition, And Copyright, Richard H. Chused
Articles & Chapters
No abstract provided.
Patent Eligibility Of Disease Diagnosis, Shahrokh Falati
Patent Eligibility Of Disease Diagnosis, Shahrokh Falati
Articles & Chapters
The U.S. Supreme Court effectively redefined the scope of patent eligible subject matter when it decided Mayo. This decision focused on medical diagnostic technology and has had a profound effect on the biotechnology and personalized medicine industries in the United States. Subsequent back-to-back decisions by the Supreme Court in Myriad and Alice have made it unequivocally clear that there is now wholesale broadening of the judicially created exceptions to statutory laws governing patent eligible subject matter. This has caused havoc in the biopharmaceutical industry by not only making it a near impossibility to obtain a patent in certain fields, but …
Sculpture, Industrial Design, Architecture, And The Right To Control Use Of Publicly Displayed Works, Richard H. Chused
Sculpture, Industrial Design, Architecture, And The Right To Control Use Of Publicly Displayed Works, Richard H. Chused
Articles & Chapters
This article explores the anomalous ways in which copyright owners may control use of works they publicly display. Treatment of rights associated with publicly displayed sculpture and architecture are dramatically different. The copyright statute deprives owners of copyrights in constructed buildings of the ability to police the ways in which imagery or other uses of the publicly visible structure may be exploited by others. This article focuses on three related but different settings involving the public display of (1) a work of graffiti, (2) a large-scale sculpture, and (3) a building with sculptural features. Through an analysis of the differences …
“Temporary” Conceptual Art: Property And Copyright, Hopes And Prayers, Richard H. Chused
“Temporary” Conceptual Art: Property And Copyright, Hopes And Prayers, Richard H. Chused
Articles & Chapters
No abstract provided.
To Promote Innovation, Congress Should Abolish The Supreme Court Created Exceptions To 35 U.S. Code Sec. 101, Shahrokh Falati
To Promote Innovation, Congress Should Abolish The Supreme Court Created Exceptions To 35 U.S. Code Sec. 101, Shahrokh Falati
Articles & Chapters
No abstract provided.
Cancer's Ip, Jacob S. Sherkow
Cancer's Ip, Jacob S. Sherkow
Articles & Chapters
The state of publicly funded science is in peril. Instead, new biomedical research efforts — in particular, the recent funding of a “Cancer Moonshot” — have focused on employing public-private partnerships, joint ventures between private industry and public agencies, as being more politically palatable. Yet, public-private partnerships like the Cancer Moonshot center on the production of public goods: scientific information. Using private incentives in this context presents numerous puzzles for both intellectual property law and information policy. This Article examines whether—and to what extent — intellectual property and information policy can be appropriately tailored to the goals of public-private partnerships. …
The Crispr Patent Decision Didn’T Get The Science Right. That Doesn’T Mean It Was Wrong, Jacob S. Sherkow
The Crispr Patent Decision Didn’T Get The Science Right. That Doesn’T Mean It Was Wrong, Jacob S. Sherkow
Other Publications
No abstract provided.
H&M V. Revok: Use Of Street Art In Commercial Ad Campaigns, Richard H. Chused
H&M V. Revok: Use Of Street Art In Commercial Ad Campaigns, Richard H. Chused
Other Publications
No abstract provided.
Bridges Ii: The Law-Stem Alliance & Next Generation Innovation, Jacob S. Sherkow
Bridges Ii: The Law-Stem Alliance & Next Generation Innovation, Jacob S. Sherkow
Articles & Chapters
No abstract provided.
Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman
Trust: A Model For Disclosure In Patent Law, Ari Ezra Waldman
Articles & Chapters
How to draw the line between public and private is a foundational, first-principles question of privacy law, but the answer has implications for intellectual property, as well. This project is the first in a series of papers about first-person disclosures of information in the privacy and intellectual property law contexts, and it defines the boundary between public and non-public information through the lens of social science — namely, principles of trust.
Patent law’s “public use” bar confronts the question of whether legal protection should extend to information previously disclosed to a small group of people. I present evidence that shows …
The Rise Of Ethical License, Christi Guerrini, Margaret Curnette, Jacob S. Sherkow, Christopher Scott
The Rise Of Ethical License, Christi Guerrini, Margaret Curnette, Jacob S. Sherkow, Christopher Scott
Other Publications
The Broad Institute's recent licensing of its gene editing patent portfolio demonstrates how licenses can be used to restrict controversial applications of emerging technologies while society deliberates their implications.
Patent Protection For Crispr: An Elsi Review, Jacob S. Sherkow
Patent Protection For Crispr: An Elsi Review, Jacob S. Sherkow
Articles & Chapters
The revolutionary gene-editing technology, CRISPR, has raised numerous ethical, legal, and social concerns over its use. The technology is also subject to an increasing patent thicket that raises similar issues concerning patent licensing and research development. This essay reviews several of these challenges that have come to the fore since CRISPR’s development in 2012. In particular, the lucre and complications that have followed the CRISPR patent dispute may affect scientific collaboration among academic research institutions. Relatedly, universities’ adoption of “surrogate licensors” may also hinder downstream research. At the same time, research scientists and their institutions have also used CRISPR patents …
Patent Protection For Microbial Technologies, Jacob S. Sherkow
Patent Protection For Microbial Technologies, Jacob S. Sherkow
Articles & Chapters
Microbial technologies often serve as the basis of fundamental research tools in molecular biology. These present a variety of ethical, legal and social issues concerning their patenting. This commentary presents several case studies of these issues across three major microbiological tools: CRISPR, viral vectors and antimicrobial resistance drugs. It concludes that the development of these technologies—both scienti cally and commercially—depend, in part, on the patent regime available for each, and researchers’ willingness to enforce those patents against others.
Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow
Inventive Steps: The Crispr Patent Dispute And Scientific Progress, Jacob S. Sherkow
Other Publications
Recent decisions by patent offices in the USA and Europe concerning the revolutionary gene-editing technology, CRISPR/Cas9, have shed light on the importance — and puzzles — of one particular area of patent law: “nonobviousness”, as it known in the USA, or, in Europe, the “inventive step”. Patent law does not always neatly align itself with the realities of biological research. But these competing decisions from the U.S. Patent and Trademark Office and the European Patent Office have put those differences on parade. Unpacking these standards for CRISPR tell us a lot about how advances in biology are actually made — …
Crispr, Surrogate Licensing, And Scientific Discovery, Jorge Contreras, Jacob S. Sherkow
Crispr, Surrogate Licensing, And Scientific Discovery, Jorge Contreras, Jacob S. Sherkow
Other Publications
Several research institutions are embroiled in a legal dispute over the foundational patent rights to CRISPR-Cas9 gene-editing technology, and it may take years for their competing claims to be resolved. But even before ownership of the patents is finalized, the institutions behind CRISPR have wasted no time capitalizing on the huge market for this groundbreaking technology by entering into a series of licensing agreements with commercial enterprises. With respect to the potentially lucrative market for human therapeutics and treatments, each of the key CRISPR patent holders has granted exclusive rights to a spinoff or "surrogate" company formed by the institution …
Protecting Products Versus Platforms, Jacob S. Sherkow
Protecting Products Versus Platforms, Jacob S. Sherkow
Articles & Chapters
Patents have long been the most important legal assets of biotech companies. Increasingly, however, biotech firms find themselves on one side of a divide: as either traditional product companies or platform companies. Given the differences between these two types of business models, the merits of intellectual property (IP) protection vary between them. This article explores how those differences relate to biotech startups and entrepreneurs seeking to protect their inventions.
Describing Drugs: A Response To Professors Allison And Ouellette, Jacob S. Sherkow
Describing Drugs: A Response To Professors Allison And Ouellette, Jacob S. Sherkow
Articles & Chapters
Profs. Allison and Ouellette’s Article, How Courts Adjudicate Patent Definiteness and Disclosure, 65 Duke L.J.609 (2015), on courts’ adjudication of certain patent disputes presents some surprising data: pharmaceutical patents litigated to judgment fare substantially worse on written-description analyses if they are not part of traditional pioneer-generic litigation. This Response engages in several hypotheses for this disparity and examines the cases that make up Allison and Ouellette’s dataset. An analysis of these cases finds that the disparity can be best explained by technological and judicial idiosyncrasies in each case, rather than larger differences among pharmaceutical patent cases. This finding contextualizes …
Who Owns Gene Editing? Patents In The Time Of Crispr, Jacob S. Sherkow
Who Owns Gene Editing? Patents In The Time Of Crispr, Jacob S. Sherkow
Other Publications
New gene-editing technologies, like CRISPR, promise revolutionary advances in biology and medicine. However, several patent disputes in the USA and UK may have complicated who can use CRISPR. What does this mean for the future of gene editing?
Pursuit Of Profit Poisons Collaboration, Jacob S. Sherkow
Pursuit Of Profit Poisons Collaboration, Jacob S. Sherkow
Other Publications
The CRISPR–Cas9 patent battle demonstrates how overzealous efforts to commercialize technology can damage science.
Pursuit Of Profit Poisons Collaboration, Jacob S. Sherkow
Pursuit Of Profit Poisons Collaboration, Jacob S. Sherkow
Other Publications
The CRISPR–Cas9 patent battle demonstrates how overzealous efforts to commercialize technology can damage science.
The Changing Life Science Patent Landscape, Arti K. Rai, Jacob S. Sherkow
The Changing Life Science Patent Landscape, Arti K. Rai, Jacob S. Sherkow
Articles & Chapters
Over the past two decades, patent law in the life sciences has been buffeted by numerous controversies. With courts, legislatures and patent offices all responding, one could be forgiven for believing that the main constant has been change. In the following article, we look back at some of the major events in life science intellectual property (IP) law and business practice over the past 20 years and then suggest where IP practice in the life sciences may be heading in the coming years.
Law, History And Lessons In The Crispr Patent Conflict, Jacob S. Sherkow
Law, History And Lessons In The Crispr Patent Conflict, Jacob S. Sherkow
Articles & Chapters
Predicting the outcome of the ongoing patent disputes surrounding genome-editing technology is equal parts patent analysis and history.
Genome-editing technology based on clustered, regularly interspaced, short palindromic repeats (CRISPR) and CRISPR associated protein 9 (Cas9) has generated great excitement in both academia and industry. But a potential patent dispute between two sets of inventors has left the biotech community pondering its fate. Understanding several facets of patent law and history may provide some lessons about the probable — and best — outcome for the dispute.
Administering Patent Litigation, Jacob S. Sherkow
Administering Patent Litigation, Jacob S. Sherkow
Articles & Chapters
Recent patent litigation reform efforts have focused on every branch of government — Congress, the President, and the federal courts — save the fourth: administrative agencies. Agencies, however, possess a variety of functions in patent litigation: they serve as “gatekeepers” to litigation in federal court; they provide scientific and technical expertise to patent disputes; they review patent litigation to fulfill their own mandates; and they serve, in several instances, as entirely alternative fora to federal litigation. Understanding administrative agencies’ functions in managing or directing, i.e., “administrating,” patent litigation sheds both descriptive and normative insight on several aspects of patent reform. …
Stem Cell Patents After The America Invents Act, Jacob S. Sherkow, Christopher Scott
Stem Cell Patents After The America Invents Act, Jacob S. Sherkow, Christopher Scott
Articles & Chapters
Under the newly passed Leahy-Smith America Invents Act (AIA), the U.S. Patent and Trademark Office may hear new challenges to stem cell patents. Here, we explore how the new law affects challenges to stem cell patents, focusing on two recent cases, and discuss the future of stem cell patent disputes.
The History Of Patenting Genetic Material, Jacob S. Sherkow, Henry T. Greely
The History Of Patenting Genetic Material, Jacob S. Sherkow, Henry T. Greely
Articles & Chapters
The US Supreme Court’s recent decision in Association for Molecular Pathology v. Myriad Genetics, Inc. declared, for the first time, that isolated human genes cannot be patented. Many have wondered how genes were ever the subjects of patents. The answer lies in a nuanced understanding of both legal and scientific history. Since the early twentieth century, “products of nature” were not eligible to be patented unless they were “isolated and purified” from their surrounding environment. As molecular biology advanced, and the capability to isolate genes both physically and by sequence came to fruition, researchers (and patent offices) began to apply …
Myriad Stands Alone, Jacob S. Sherkow, Christopher T. Scott
Myriad Stands Alone, Jacob S. Sherkow, Christopher T. Scott
Articles & Chapters
Myriad took no prisoners on its way to the top of the molecular diagnostics field. That strategy is unlikely to endure.
Myriad Genetics began in 1991 as a small University of Utah startup interested in the then-novel arena of diagnostic genetic testing. After winning a highly publicized race to sequence the BRCA1 and BRCA2 breast cancer genes, the company obtained patents on the gene sequences and methods of using them to determine cancer risk. The patents were broad and interlocking, covering BRCA genomic DNA, cDNA, methods of diagnosis and systems detecting mutations. Myriad also filed for diagnostic 'toolbox' patents, including …
The Natural Complexity Of Patent Eligibility, Jacob S. Sherkow
The Natural Complexity Of Patent Eligibility, Jacob S. Sherkow
Articles & Chapters
It has long been assumed that the doctrine of patent eligibility’s prohibition of patents on “laws of nature,” “natural phenomena,” and “products of nature” rests on legalistic interpretations of those terms. But there is good reason to doubt this assumption. Since the doctrine’s inception, the Supreme Court has yet to provide any framework, formula, or factors explaining these “natural” terms. Rather, the Court has increasingly fixated on a list of scientific tropes, such as gravity, the heat of the Sun, and extracted metals, that it believes are true examples of “natural laws,” “phenomena,” and “products.”
An actual examination of scientific …