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Articles 1 - 5 of 5
Full-Text Articles in Law
Unconstitutional Incontestability?: The Intersection Of The Intellectual Property And Commerce Clauses Of The Constitution: Beyond A Critique Of Shakespeare Co. V. Silstar Corp., Malla Pollack
Malla Pollack
This article makes several assertions: (1) The Intellectual Property Clause of the Constitution, even read with the Commerce Clause, prevents Congress from giving authors or inventors exclusive rights unbounded by premeasured time limitations; (2) Because such limits exist, even incontestable trademarks must be subject to functionality challenges in order to prevent conflict with the Patent Clause; (3) The Intellectual Property Clause requires a similar challenge to prevent conflict with the Copyright Clause; (4) The states are also limited by either direct constitutional mandate or statutory preemption. Based on the first two assertions, this article argues that the Fourth Circuit's decision …
Alternative Dispute Resolution In Patent Controversies, Norman L. Balmer
Alternative Dispute Resolution In Patent Controversies, Norman L. Balmer
RISK: Health, Safety & Environment (1990-2002)
Mr. Balmer relates how ADR allows attorneys to tailor rules to resolve disputes in light of, e.g., party relationships and internal dynamics. He notes that, for life to go on, having resolution is itself an important goal.
The Licensed-Foundry Defense In Patent Infringement Cases: Time To Take Some Of The Steam Out Of Patent Exhaustion?, Leonard J. Hope
The Licensed-Foundry Defense In Patent Infringement Cases: Time To Take Some Of The Steam Out Of Patent Exhaustion?, Leonard J. Hope
Georgia State University Law Review
No abstract provided.
Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise
Arbitration Of Patent Infringement Disputes: Encouraging The Use Of Arbitration Through Evidence Rules Reform, Gregg A. Paradise
Fordham Law Review
No abstract provided.
Patent Law, John G. Costa