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Full-Text Articles in Law
23andme Inc.: Patent Law And Lifestyle Genetics, Matthew Rimmer
23andme Inc.: Patent Law And Lifestyle Genetics, Matthew Rimmer
Matthew Rimmer
The venture, 23andMe Inc., raises a host of issues in respect of patent law, policy, and practice in respect of lifestyle genetics and personalised medicine. The company observes: ‘We recognize that the availability of personal genetic information raises important issues at the nexus of ethics, law, and public policy’. 23andMe Inc. has tested the boundaries of patent law, with its patent applications, which cut across information technology, medicine, and biotechnology. The company’s research raises fundamental issues about patentability, especially in light of the litigation in Bilski v. Kappos, Mayo Collaborative Services v. Prometheus Laboratories Inc. and Association for Molecular Pathology …
The Rise Of Contingent Fee Representation In Patent Litigation, David Schwartz
The Rise Of Contingent Fee Representation In Patent Litigation, David Schwartz
David L. Schwartz
No abstract provided.
Patents For Humanity, Matthew Rimmer
Patents For Humanity, Matthew Rimmer
Matthew Rimmer
This article evaluates two policy initiatives by the United States Government to address access to essential medicines—Priority Review vouchers and “Patents for Humanity”. Such proposals are aimed at speeding up the regulatory review of inventions with humanitarian uses and applications by the United States Food and Drug Administration, and the United States Patent and Trademark Office. It is argued that such measures fall short of international standards and norms established by the World Intellectual Property Organization Development Agenda 2007; the World Trade Organization’s Doha Declaration on the TRIPS Agreement and Public Health 2001 and the WTO General Council Decision of …
Rules Versus Standards: Competing Notions Of Inconsistency Robustness In Patent Law, David S. Olson, Stefania Fusco
Rules Versus Standards: Competing Notions Of Inconsistency Robustness In Patent Law, David S. Olson, Stefania Fusco
David S. Olson
This Article applies a new paradigm from the field of computer science—inconsistency robustness (IR)—in order to analyze the competing ways in which the Supreme Court and Federal Circuit craft patent law standards and rules. The IR paradigm is a shift from the previous paradigm of inconsistency elimination. The new IR paradigm recognizes that modern, complex information systems must perform notwithstanding persistent and continuous inconsistencies. The focus on IR encourages system designers to recognize the reality of persistent inconsistency when building robust systems that can perform reliably. Legal systems regularly process a great deal of complexity and inconsistency, and thus, by …
Patent Contingent Fee Litigation, David Schwartz
Patent Contingent Fee Litigation, David Schwartz
David L. Schwartz
No abstract provided.
A Submission To The Joint Standing Committee On Treaties On The Anti-Counterfeiting Trade Agreement 2011 (#Acta), Matthew Rimmer
A Submission To The Joint Standing Committee On Treaties On The Anti-Counterfeiting Trade Agreement 2011 (#Acta), Matthew Rimmer
Matthew Rimmer
“If Hollywood could order intellectual property laws for Christmas, what would they look like? This is pretty close.” David Fewer“While European and American IP maximalists have pushed for TRIPS-Plus provisions in FTAs and bilateral agreements, they are now pushing for TRIPS-Plus-Plus protections in these various forums.” Susan Sell“ACTA is a threat to the future of a free and open Internet.” Alexander Furnas“Implementing the agreement could open a Pandora's box of potential human rights violations.” Amnesty International.“I will not take part in this masquerade.” Kader Arif, Rapporteur for the Anti-Counterfeiting Trade Agreement 2011 in the European ParliamentExecutive SummaryAs an independent scholar …
Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, Samuel Oddi
Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, Samuel Oddi
Samuel Oddi
As literary devices, a “story-within-a story” and a “play-within-a-play” have a long lineage. Shakespeare seems to have been particularly fond of these devices. The legal analog may be seen as the “case-within-a-case” (“trial-within-a-trial,” “suit-within-a-suit”) arising in legal malpractice cases. The case-within-a-case terminology seems to be the most commonly used and hence will be used herein. While it is clear that the “case” is the malpractice case, it is not so clear what the “case-within-” is, which is usually referred to as the “underlying case.” Often, it seems to be presumed that the underlying case is limited to litigation, which would …
Paving The Path To Accurately Predicting Legal Outcomes: A Comment On Professor Chien's Predicting Patent Litigation (With J. Kesan & T. Sichelman), David Schwartz
David L. Schwartz
No abstract provided.
Analyzing The Role Of Npes In The Patent System (With J. Kesan), David Schwartz
Analyzing The Role Of Npes In The Patent System (With J. Kesan), David Schwartz
David L. Schwartz
Currently, there is an important debate about the role of non-practicing entities in patent litigation. People are asking: what are the costs and benefits associated with NPE litigation? Are they too high, too low, or just right? This paper makes two contributions to the discussion. First, we review a recent study, "The Direct Costs of NPE Disputes," by James Bessen and Michael J. Meurer. The study presents new data on the litigation costs and settlement expenses incurred by a subset of defendants in NPE cases. Some of their findings are provocative, but we find their methodology to be deficient in …
America's First Patents, Michael Risch
America's First Patents, Michael Risch
Michael Risch
Courts and commentators vigorously debate early American patent history because of a spotty documentary record. To fill these gaps, scholars have examined the adoption of the Intellectual Property Clause of the Constitution, correspondence, dictionaries, and British and colonial case law. But there is one largely ignored body of information — the content of early patents themselves. While many debate what the founders thought, no one asks what early inventors thought — and those thoughts are telling. This Article is the first comprehensive examination of how early inventors and their patents should inform our current thoughts about the patent system. To …
Patent Troll Myths, Michael Risch
Patent Troll Myths, Michael Risch
Michael Risch
It turns out that just about everything we thought about patent trolls – good or bad – is wrong. Using newly gathered data, this article presents an ethnography of sorts about highly litigious non-practicing entity (NPE) plaintiffs. The results are surprising: they show that the conventional wisdom about patent trolls is likely based on anecdotal, but infrequently occurring, events. Instead, the patents enforced by so-called trolls – and the companies that obtained them – look a lot like other litigated patents and their owners. To be sure, whether an NPE qualifies as a troll depends on who is doing the …