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Full-Text Articles in Law
Patentable Subject [Anti]Matter, Kristoffer Leftwich
Patentable Subject [Anti]Matter, Kristoffer Leftwich
Duke Law & Technology Review
The statements, "The laws of nature," "the principles of nature," "the fundamental truths," etc., are not patentable, have been oft repeated but seldom understandingly used. They have led to misunderstanding and much confusion, not limited to members of the bar. In fact, the words... are all words of broad and also elastic meaning and are frequently used carelessly and without any attempt at refined distinctions.
Festo: Blessing To Patent Holders Or Thorn In Their Sides?, Jennifer Miller
Festo: Blessing To Patent Holders Or Thorn In Their Sides?, Jennifer Miller
Duke Law & Technology Review
The Supreme Court makes another attempt to strike a balance between protecting an inventor's patent rights and ensuring adequate notice to the public of what constitutes patent infringement. This iBrief discusses the Supreme Court ruling in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. and its foreseeable effects on the practice of patent law.
Software Patents: What One-Click Buy And Safe Air Travel Have In Common, Michael Guntersdorfer
Software Patents: What One-Click Buy And Safe Air Travel Have In Common, Michael Guntersdorfer
Duke Law & Technology Review
Have you ever sat in an airplane, typing on your laptop, when the darn thing crashes for the one-millionth time? Have you ever then thought about how the airplane you are sitting in is controlled by software, too--the technical term being "fly by wire"--and then started sweating uncontrollably? Software controls not only air traffic but plenty of other safety-critical technologies: the tightrope walk of controlling the chain reaction of radioactive elements in nuclear power plants; the navigation and activation of missiles;3 the moves and cutting-depth of a surgical laser when correcting eye-sights; the list goes on... With such reliance on …
Protecting Intellectual Capital In The New Century: Are Universities Prepared?, James Ottavio Castagnera, Cory R. Fine, Anthony Belfiore
Protecting Intellectual Capital In The New Century: Are Universities Prepared?, James Ottavio Castagnera, Cory R. Fine, Anthony Belfiore
Duke Law & Technology Review
In recent years, intellectual property has become increasingly important to academic institutions throughout the United States. As universities rely more heavily on trademarks and patents for additional revenue, questions arise as to whether these institutions are sufficiently protected by their current intellectual property policies. This iBrief explores the policies promulgated by a variety of academic institutions and assesses whether these universities are adequately protected by their policies.
The Enola Bean Patent Controversy: Biopiracy, Novelty And Fish-And-Chips, Gillian N. Rattray
The Enola Bean Patent Controversy: Biopiracy, Novelty And Fish-And-Chips, Gillian N. Rattray
Duke Law & Technology Review
Should traditional knowledge be patentable? As the number of patents filed by large corporations for native crops has increased, activists have become concerned about the economic effects of these patents on indigenous people. This iBrief discusses the attempts by one group of activists to test the validity of such patents in the United States and explores the issue of biopiracy in the Third World.
Fraud And Enforceability: Potential Implications For Federal Circuit Litigation, Michael Kim
Fraud And Enforceability: Potential Implications For Federal Circuit Litigation, Michael Kim
Duke Law & Technology Review
Should fraudulent litigation tactics and testimony affect the validity of underlying patents? What results are possible if the enforceability of a patent turns on the conduct of the applying party not only before the Patent and Trademark Office, but also before circuit courts? The author of the following article considers these questions in light of the recent Aptix Corp. case.