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Articles 1 - 6 of 6
Full-Text Articles in Law
Finding The Groove: A Path Forward On Terminations Of Sound Recording Transfers, Adam Rich '12
Finding The Groove: A Path Forward On Terminations Of Sound Recording Transfers, Adam Rich '12
NYLS Law Review
No abstract provided.
John Wiley & Sons, Inc. V. Kirtsaeng, Terence Keegan
John Wiley & Sons, Inc. V. Kirtsaeng, Terence Keegan
NYLS Law Review
No abstract provided.
What If Extinction Is Not Forever?, Jacob S. Sherkow
What If Extinction Is Not Forever?, Jacob S. Sherkow
Other Publications
No abstract provided.
Patent Infringement As Criminal Conduct, Jacob S. Sherkow
Patent Infringement As Criminal Conduct, Jacob S. Sherkow
Articles & Chapters
Criminal and civil law differ greatly in their use of the element of intent. The purposes of intent in each legal system are tailored to effectuate very different goals. The Supreme Court’s recent decision in Global-Tech Appliances, Inc. v. SEB S.A., 131 S. Ct. 2060 (2011), however, imported a criminal concept of intent — willful blindness — into the statute for patent infringement, a civil offense, despite these differences. This importation of a criminal law concept of intent into the patent statute is novel and calls for examination. This Article compares the purposes behind intent in criminal law with the …
Federal Trade Commission V. Actavis, Inc. And Reverse-Payment Or Pay-For-Delay Settlements, Jacob S. Sherkow
Federal Trade Commission V. Actavis, Inc. And Reverse-Payment Or Pay-For-Delay Settlements, Jacob S. Sherkow
Articles & Chapters
An imminent US Supreme Court ruling should resolve one of the thorniest legal issues facing pharmaceutical companies today.
And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow
And How: Mayo V. Prometheus And The Method Of Invention, Jacob S. Sherkow
Articles & Chapters
The Mayo Court's novel test for patent eligibility — whether or not an invention involves “well-understood, routine, conventional activity, previously engaged in by researchers in the field” — focuses on how an invention is accomplished rather than what an invention is. That concern with the method of invention poses several normative, statutory, and administrative difficulties. Taken seriously, the “how” requirement will likely have broad effects across all levels of patent practice.