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Postmodern 'Progress': Reconsidering The Copyright And Patent Power, Margaret Chon
Postmodern 'Progress': Reconsidering The Copyright And Patent Power, Margaret Chon
Faculty Articles
This article undertakes a postmodern analysis of the term ‘Progress’ in the Constitution’s Copyright Clause, finding stewarding the production of knowledge is integral to the clause. First, by deconstructing the linear, forward assumption entailing Progress. As technology concentrates, Progress entails distributional fairness and decentralized control over knowledge. Relying on the writings of the Founders and recent copyright decisions, this article does not limit postmodernism to a theory recognizing that words have multiple meanings, instead it argues that the Copyright Clause transforms the idea of knowledge to a common resource like water and air, and places knowledge into a public trust, …
Expanding The Use Of Hypothetical Analysis When Evaluating Patent Infringement Under The Doctrine Of Equivalents, Brian E. Lewis
Expanding The Use Of Hypothetical Analysis When Evaluating Patent Infringement Under The Doctrine Of Equivalents, Brian E. Lewis
Seattle University Law Review
Accordingly, the purpose of this Comment is twofold: first, to bring the reader up-to-date on the doctrine of equivalents, and second, to suggest an improvement on the doctrine's application that is consistent with recent developments. This Comment proposes that the hypothetical technique should be expanded to evaluate more than prior art alone. Before exploring how this new use of the hypothetical would work, however, it is necessary to explain the doctrine of equivalents' history, the factors that affect the range of equivalents, and the methods to determine and apply equivalents.