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Articles 1 - 18 of 18
Full-Text Articles in Law
The Experimental Purpose Doctrine And Biomedical Research, Tao Huang
The Experimental Purpose Doctrine And Biomedical Research, Tao Huang
Michigan Telecommunications & Technology Law Review
The experimental use doctrine is a common law rule in patent law that until a few years ago excused accused infringers who made and used patented products or processes on the basis of an experimental, educational, or nonprofit purpose when there was de minimis economic injury to the patent owner and de minimis economic gain to the infringer. While the application of the experimental purpose doctrine was always narrow, two recent Federal Circuit decisions indicate that there is not much left under its aegis. In Madey v. Duke University, the Federal Circuit strictly limited the application of the experimental purpose …
Better, Faster, Cheaper - Later: What Happens When Technologies Are Suppressed, Kurt M. Saunders, Linda Levine
Better, Faster, Cheaper - Later: What Happens When Technologies Are Suppressed, Kurt M. Saunders, Linda Levine
Michigan Telecommunications & Technology Law Review
Some inventions never see the light of day. Others enter the spotlight after long delays and the factors that slowed the arrival of that innovation are ignored. Technology suppression is a real occurrence involving well known and widely used products. In this Article, we examine the topic of technology suppression, seeking to reveal the tactics of suppression and the patterns and conditions under which it occurs. Current examples of US technologies are used to highlight the significance of this phenomenon. We consider related factors, including market and innovation forces, and we identify suppressive tactics, using illustrative cases where patent nonuse …
The Race To Patent The Sars Virus: The Trips Agreement And Access To Essential Medicines, Matthew Rimmer
The Race To Patent The Sars Virus: The Trips Agreement And Access To Essential Medicines, Matthew Rimmer
Matthew Rimmer
This article considers the race to sequence the Severe Acute Respiratory Syndrome virus ('the SARS virus') in light of the debate over patent law and access to essential medicines. Part II evaluates the claims of public research institutions in Canada, the United States, and Hong Kong, and commercial companies, to patent rights in respect of the SARS virus. It highlights the dilemma of 'defensive patenting' - the tension between securing private patent rights and facilitating public disclosure of information and research. Part III considers the race to patent the SARS virus in light of wider policy debates over gene patents. …
An Examination Of Patents, Licensing, Research Tools, And The Tragedy Of The Anticommons In Biotechnology Innovation, Michael S. Mireles
An Examination Of Patents, Licensing, Research Tools, And The Tragedy Of The Anticommons In Biotechnology Innovation, Michael S. Mireles
University of Michigan Journal of Law Reform
The continued development of and affordable access to potentially life saving pharmaceuticals, gene therapies and diagnostics is unquestionably a socially important issue. However, crafting government policy to encourage the development of and allowing affordable access to those services and products is difficult. On one hand, the development of those services and products requires a large investment of funds because of the complexity, collaborative nature, and uncertainty of the development of those products and services. Accordingly, investors require the safety of strong and stable patent rights to ensure a return on their investment in the development of a commercial end-product or …
The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn
The Future Role Of The United States Court Of Appeals For The Federal Circuit Now That It Has Turned 21, Richard Linn
American University Law Review
No abstract provided.
Gaining Momentum: A Review Of Recent Developments Surrounding The Expansion Of The Copyright Misuse Doctrine And Analylsis Of The Doctrine In Its Current Form, Neal Hartzog
Michigan Telecommunications & Technology Law Review
The United States intellectual property ("IP") system is the foundation for incentives for authors and inventors to create and invent so that their work will be distributed to the public for the betterment of society. These incentives, in the form of limited monopolies over creations via patents, copyrights, and trademarks, are becoming increasingly important as the United States depends upon intellectual property to sustain its economy. As the intellectual property industry grows, it becomes vital to preserve the impetus behind its creation: the public good, or more specifically, the public's ability to make use of and enjoy new ideas and …
Intellectual Property And Golden Gate University, Marc Greenberg
Intellectual Property And Golden Gate University, Marc Greenberg
Publications
Golden Gate University School of Law is uniquely positioned to train lawyers in this fast-paced field. Located in the heart of the hi-tech SOMA neighborhood of San Francisco and just north of Silicon Valley, the Law School is able to draw upon a rich community of legal and business expertise in Intellectual Property.
2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis
2003 Patent Law Decisions Of The Federal Circuit, Paul Devinsky, Mark G. Davis
American University Law Review
No abstract provided.
Is The Federal Circuit Succeeding? An Empirical Assessment Of Judicial Performance, Polk Wagner, Lee Petherbridge
Is The Federal Circuit Succeeding? An Empirical Assessment Of Judicial Performance, Polk Wagner, Lee Petherbridge
All Faculty Scholarship
As an appellate body jurisdictionally demarcated by subject matter rather than geography, the United States Court of Appeals for the Federal Circuit occupies a unique role in the federal judiciary. This controversial institutional design has had profound effects on the jurisprudential development of the legal regimes within its purview - especially the patent law, which the Federal Circuit has come to thoroughly dominate in its two decades of existence. In this Article, we assess the court's performance against its basic premise: that, as compared to prior regional circuit involvement, centralization of legal authority will yield a clearer, more coherent, and …
In The Wake Of Enzo: The Impact Of The Federal Circuit’S Decision On The U.S. Life Science Industry
In The Wake Of Enzo: The Impact Of The Federal Circuit’S Decision On The U.S. Life Science Industry
San Diego Law Review
The United States spends more on health care than any other country in the world.The U.S. Patent and Trademark Office (PTO) helps drive health care costs higher by awarding monopolies to scientific researchers whose inventions meet the requirements dictated by Title 35 of the U.S. Code.3 Once the PTO awards such a monopoly, the inventor is the only party legally entitled to make, use, or sell the invention in the United States. Though monopolies are thought to impair competition, under the U.S. system these exclusionary rights are the rewards an inventor earns in exchange for enriching the pool of publicly …
Of Patents And Path Dependency: A Comment On Burk And Lemley, R. Polk Wagner
Of Patents And Path Dependency: A Comment On Burk And Lemley, R. Polk Wagner
All Faculty Scholarship
This Article delves into issues surrounding the relationship between technology and the patent law. Responding to Dan Burk and Mark Lemley's earlier article, Is Patent Law Technology-Specific?, the piece notes that the basic question posed by Burk and Lemley's article is a relatively easy question given the several doctrines that explicitly link the subject matter context of an invention to the validity and scope of related patents. This sort of technological exceptionalism (which this Article refers to as micro-exceptionalism) is both observable and easily justifiable for a legal regime directed to technology policy. In contrast, Burk and Lemley's identification of, …
Patent Politics, Michael H. Davis
Counterclaims, The Well-Pleaded Complaint, And Federal Jurisdiction, Christopher A. Cotropia
Counterclaims, The Well-Pleaded Complaint, And Federal Jurisdiction, Christopher A. Cotropia
Law Faculty Publications
This Article proceeds as follows: Part I of the Article begins by laying the statutory and constitutional foundation of "arising under" jurisdiction. The current connection between "arising under" jurisdiction and federal question jurisdiction is discussed. Part I also fully sets forth the well-pleaded complaint rule, and discusses removal jurisdiction, which is governed by the concept of "arising under" jurisdiction. As necessary background to understanding the Court's reasoning in Holmes and why the case prompts a general discussion on federal jurisdiction implications, Part I concludes by defining a district court's jurisdiction over patent cases, the Federal Circuit's appellate jurisdiction over patent …
A Guide To U.S. Intellectual Property Searching Online, Jennifer L. Selby
A Guide To U.S. Intellectual Property Searching Online, Jennifer L. Selby
Law Librarian Scholarship
The disadvantage to searching intellectual property online, patents in particular, is that the available online databases do not encompass the array and extent of tools needed to conduct a comprehensive search.7 Essentially, you can search patents on the web, but you cannot do a true patent search. A complete patentability search must include not only U.S. patents, but foreign patents and all relevant non-patent literature also (all resources together are referred to as ‘‘prior art’’ for an invention).8 These additional resources can be researched at the Patent Office Library in Washington D.C., and, on a more limited basis, at a …
Obvious To Whom? Evaluating Inventions From The Perspective Of Phosita, Rebecca S. Eisenberg
Obvious To Whom? Evaluating Inventions From The Perspective Of Phosita, Rebecca S. Eisenberg
Articles
In this Article, I consider the possibility of giving the USPTO input from currently active technological practitioners in evaluating the obviousness of claimed inventions. Such input could potentially serve three useful functions. First, it could improve the accuracy of USPTO decisionmaking by providing access to the perspective of actual practitioners as to the obviousness of inventions from the perspective of the hypothetical PHOSITA. Second, it could help the USPTO document the evidentiary basis for rejections that rest in part upon tacit knowledge within technological communities. Third, it could provide a quality control mechanism that would improve the credibility of USPTO …
Biotechnology Law: A Tale Of Peptides And Lasers: Is Integra Lifesciences I, Ltd. V. Kgaa The End Of The Experimental Use Defense For Biomedical Innovation, Or Does § 271(E)(1) Of The Patent Act Save The Day, Melissa J. Alcorn Ph.D.
Biotechnology Law: A Tale Of Peptides And Lasers: Is Integra Lifesciences I, Ltd. V. Kgaa The End Of The Experimental Use Defense For Biomedical Innovation, Or Does § 271(E)(1) Of The Patent Act Save The Day, Melissa J. Alcorn Ph.D.
Oklahoma Law Review
No abstract provided.
A Unified Economic Theory Of Noninfringement Opinions, Michael B. Abramowicz
A Unified Economic Theory Of Noninfringement Opinions, Michael B. Abramowicz
GW Law Faculty Publications & Other Works
In the wake of the Federal Circuit’s ruling in Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp., this Article seeks to develop an economic theory of the functions that enhanced damages may serve in patent law specifically or litigation more generally as well as to explain the role that noninfringement opinions – opinions of counsel that conclude that activity will be noninfringing – could have within the context of such a theory. I consider the benefits and costs of a patent regime that generally provides enhanced damages but provides a safe harbor for potential infringers who acted only after receiving …
Patent Politics, Michael Henry Davis
Patent Politics, Michael Henry Davis
Law Faculty Articles and Essays
To observe that so-called intellectual property (IP) flowered in the late twentieth century, even supplanting, to a large extent, the place of real and tangible personal property in terms of corporate, if not individual, wealth, is almost trite. Since IP has become the bedrock of most commercial wealth, especially in international trade, and since international trade is, or is about to become, the center of most commercially valuable trade, a comprehensive understanding of IP has become essential. Instead of being the reserve of technicians, the field demands a full examination by jurists and the larger society.Although IP literature has blossomed, …