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Articles 1 - 30 of 78
Full-Text Articles in Law
Slide To Unlock: Apple-Samsung, Alice, And The Need For Clarity In Assessing Patent-Eligibility Under Section 101 For Touchscreen Software Patents, Tucker J. Mckinley
Slide To Unlock: Apple-Samsung, Alice, And The Need For Clarity In Assessing Patent-Eligibility Under Section 101 For Touchscreen Software Patents, Tucker J. Mckinley
Journal of Intellectual Property Law
No abstract provided.
Stop In The Name Of The Pto! A Review Of The Fresenius Saga And Pto-Judicial Interplay, Wayne A. Kalkwarf
Stop In The Name Of The Pto! A Review Of The Fresenius Saga And Pto-Judicial Interplay, Wayne A. Kalkwarf
Journal of Intellectual Property Law
No abstract provided.
Invalidated Patents And Associated Patent Examiners, Shine Tu
Invalidated Patents And Associated Patent Examiners, Shine Tu
Law Faculty Scholarship
This study attempts to determine whether there are common
characteristics between examiners who issue invalidated patents. This
study uses two new patent databases that code for nearly 1.7 million
patents and approximately one thousand patents that were litigated to
a 'final" judgment between 2010 and 2011. This study finds that
approximately one-third of patents that are litigated to final judgment
are found invalid. Most invalidated patents are found in technology
centers 1600, 2600, and 2700, which correspond to biotechnology and
organic chemistry, communications, and computer science, respectively.
Most patents are invalidated on prior art-type novelty and obviousness
grounds. This study …
Some Key Things Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony Luppino, Malika S. Simmons
Some Key Things Entrepreneurs Need To Know About The Law And Lawyers, Lawrence J. Trautman, Anthony Luppino, Malika S. Simmons
Lawrence J. Trautman Sr.
New business formation is a powerful economic engine that creates jobs. Diverse legal issues are encountered as a start-up entity approaches formation, initial capitalization and fundraising, arrangements with employees and independent contractors, and relationships with other third parties. The endeavors of a typical start-up in the United States will likely implicate many of the following areas of law: intellectual property; business organizations; tax laws; employment and labor laws; securities regulation; contracts and licensing agreements; commercial sales; debtor-creditor relations; real estate law; health and safety laws/codes; permits and licenses; environmental protection; industry specific regulatory laws and approval processes; tort/personal injury, products …
The Rule Of Reason And The Scope Of The Patent, Herbert Hovenkamp
The Rule Of Reason And The Scope Of The Patent, Herbert Hovenkamp
San Diego Law Review
For a century-and-a-half, the Supreme Court has described perceived abuses of patents as conduct that reaches "beyond the scope of the patent." That phrase, which evokes an image of boundary lines in real property, was applied to both government and private activity and came to have many different meanings. Sometimes it was used offensively to conclude that certain patent uses were unlawful because they extended beyond the scope of the patent. Later it came to be used defensively as well, to characterize activities as lawful if they did not extend beyond the patent's scope. In the first half of the …
Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza
Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza
Nevada Law Journal
No abstract provided.
Sharing Research Data And Intellectual Property Law: A Primer, Michael Carroll
Sharing Research Data And Intellectual Property Law: A Primer, Michael Carroll
Articles in Law Reviews & Other Academic Journals
Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security …
Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll
Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll
Joint PIJIP/TLS Research Paper Series
Sharing research data by depositing it in connection with a published article or otherwise making data publicly available sometimes raises intellectual property questions in the minds of depositing researchers, their employers, their funders, and other researchers who seek to reuse research data. In this context or in the drafting of data management plans, common questions are (1) what are the legal rights in data; (2) who has these rights; and (3) how does one with these rights use them to share data in a way that permits or encourages productive downstream uses? Leaving to the side privacy and national security …
Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll
Sharing Research Data And Intellectual Property Law: A Primer, Michael W. Carroll
Michael W. Carroll
Patent Claim Construction: A Modern Synthesis And Structured Framework, Peter S. Menell, Matthew D. Powers, Steven C. Carlson
Patent Claim Construction: A Modern Synthesis And Structured Framework, Peter S. Menell, Matthew D. Powers, Steven C. Carlson
Peter Menell
No abstract provided.
The Emergence Of Classical American Patent Law, Herbert Hovenkamp
The Emergence Of Classical American Patent Law, Herbert Hovenkamp
Herbert Hovenkamp
The Emergence of Classical Patent Law
Abstract
One enduring historical debate concerns whether the American Constitution was intended to be "classical" -- referring to a theory of statecraft that maximizes the role of private markets and minimizes the role of government in economic affairs. The most central and powerful proposition of classical constitutionalism is that the government's role in economic development should be minimal. First, private rights in property and contract exist prior to any community needs for development. Second, if a particular project is worthwhile the market itself will make it occur. Third, when the government attempts to induce …
Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss
Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss
Andrew P. Morriss
Patent law today is a complex institution in most developed economies and the appropriate structure for patent law is hotly debated around the world. Despite their differences, one crucial feature is shared by the diverse patent systems of the industrialized world even before the recent trend toward harmonization: modern patent regimes include self-imposed restrictions of executive and legislative discretion, which we refer to as "constitutionalized" systems. Given the lucrative nature of patent monopolies, the long history of granting patents as a form of patronage, and the aggressive pursuit of patronage in most societies, the choice to confine patents within a …
Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss
Constitutionalizing Patents: From Venice To Philadelphia, Craig Allen Nard, Andrew P. Morriss
Andrew P. Morriss
Patent law today is a complex institution in most developed economies and the appropriate structure for patent law is hotly debated around the world. Despite their differences, one crucial feature is shared by the diverse patent systems of the industrialized world even before the recent trend toward harmonization: modern patent regimes include self-imposed restrictions of executive and legislative discretion, which we refer to as "constitutionalized" systems. Given the lucrative nature of patent monopolies, the long history of granting patents as a form of patronage, and the aggressive pursuit of patronage in most societies, the choice to confine patents within a …
The Bayh–Dole Act & Public Rights In Federally Funded Inventions: Will The Agencies Ever Go Marching In?, Ryan Whalen
The Bayh–Dole Act & Public Rights In Federally Funded Inventions: Will The Agencies Ever Go Marching In?, Ryan Whalen
Northwestern University Law Review
For over thirty years, the Bayh–Dole Act has granted federal agencies the power to force the recipients of federal research funding to license the resulting inventions to third parties. Despite having this expansive power, no federal agency has ever seen fit to utilize it. This Note explores why Bayh–Dole march-in rights have never been used, and proposes reforms that would help ensure that, in the instances when they are most required, the public is able to access the inventions it bankrolled.
There have been five documented march-in petitions since the Bayh–Dole Act was passed into law. Each petition was dismissed …
Exclusionary And Diffusionary Levers In Patent Law, Colleen Chien
Exclusionary And Diffusionary Levers In Patent Law, Colleen Chien
Faculty Publications
The patent system is built on the premise that exclusion leads to innovation. But a mounting body of evidence calls into question the assumption that “innovation by exclusion” – innovation based on excluding rivals– is the only, or even primary, way innovation happens today: nearly 50% of manufacturers got the idea for their most important new product from an outside source that shared it with them, 45-60% of patentees acquire patents to access the technology of others, and over 1,300 companies, including five of the ten top holders of patents, have pledged to share their patents with others. But because …
When Tigers Bare Teeth: A Qualitative Study Of University Patent Enforcement, Jacob H. Rooksby
When Tigers Bare Teeth: A Qualitative Study Of University Patent Enforcement, Jacob H. Rooksby
Akron Law Review
Part I provides a brief background on patent infringement litigation involving university plaintiffs, including information on the activity’s costs, historical incidence, and how leading voices within the technology transfer community view the activity. Part II details the methodology used in the study conducted for this article. It describes the research questions that guided the study, its theoretical framework, information on participants and how they were selected for inclusion, and other information concerning data collection. Finally, Part III presents and discusses the study’s findings, which are arrayed thematically.
Trade Secrets Registry, Chagai Vinizky
Trade Secrets Registry, Chagai Vinizky
Pace Law Review
The present article considers four aspects in which the trade secret method is less efficient than the patents method: litigation costs, transaction costs, financing costs, and employment costs. The main part of the article is devoted to the proposal of establishing a particular type of trade secrets registry, with the intention that it will reduce the above-mentioned costs and will improve the efficiency of the trade secret method. I propose a structure for the registration of trade secrets that is likely to solve most of the problems left unresolved by the escrow companies and the Indonesian legislation. A trade secret …
The New Plague: False Claims Liability Based On Inequitable Conduct During Patent Prosecution, Gregory Michael, William J. Newsom, Matthew Avery
The New Plague: False Claims Liability Based On Inequitable Conduct During Patent Prosecution, Gregory Michael, William J. Newsom, Matthew Avery
Fordham Intellectual Property, Media and Entertainment Law Journal
In January 2009, Amphastar Pharmaceuticals filed a first of its kind qui tam suit on behalf of the federal government and several states alleging that its competitor, Aventis Pharma, violated the Federal False Claims Act (FCA) when it fraudulently acquired a patent and then overcharged the government for its patented drug. By utilizing a fraudulently acquired patent to elevate the price of Lovenox, a drug for treating deep-vein thrombosis, Amphastar alleged that Aventis had overcharged the government for every Lovenox pill purchased with government funds, including all prescriptions funded in part by Medicare or other federal insurance programs. The FCA …
Teaching Would-Be Ip Lawyers To "Speak Engineer": An Interdisciplinary Module To Teach New Intellectual Property Attorneys To Work Across Disciplines, Cynthia Laury Dahl
Teaching Would-Be Ip Lawyers To "Speak Engineer": An Interdisciplinary Module To Teach New Intellectual Property Attorneys To Work Across Disciplines, Cynthia Laury Dahl
All Faculty Scholarship
More than ever before, law school graduates interested in business law enter a workforce where they must effectively interface with professionals from other disciplines. Yet there are precious few opportunities in law school for students to practice the skills required to perform on an interdisciplinary team. This is especially true regarding mixed teams of law and technical students.
This essay explores a model for integrating an interdisciplinary practicum module into a free-standing class. The module challenges teams of law and engineering students to work together to perform a prior art search, interview an inventor, and draft patent claims over a …
The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds
The Proper Scope Of The Copyright And Patent Power, Robert Patrick Merges, Glenn Harlan Reynolds
Robert P Merges
No abstract provided.
Intellectual Property Rights And Bargaining Breakdown: The Case Of Blocking Patents, Robert Merges
Intellectual Property Rights And Bargaining Breakdown: The Case Of Blocking Patents, Robert Merges
Robert P Merges
No abstract provided.
As Many As Six Impossible Patent Before Breakfast: Property Rights For Business Concepts And Patent System Reform, Robert P. Merges
As Many As Six Impossible Patent Before Breakfast: Property Rights For Business Concepts And Patent System Reform, Robert P. Merges
Robert P Merges
No abstract provided.
Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges
Intellectual Property In Higher Life Forms: The Patent System And Controversial Technologies, Robert P. Merges
Robert P Merges
No abstract provided.
Reflections On Current Legislation Affecting Patent Misuse, Robert P. Merges
Reflections On Current Legislation Affecting Patent Misuse, Robert P. Merges
Robert P Merges
No abstract provided.
Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Dna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Opinion Letter As To The Patentability Of Certain Inventions Associated With The Identification Of Partial Dna Sequences, Rebecca S. Eisenberg, Robert P. Merges
Robert P Merges
No abstract provided.
Uncertainty And The Standard Of Patentability, Robert P. Merges
Uncertainty And The Standard Of Patentability, Robert P. Merges
Robert P Merges
No abstract provided.
Co-Ownership Of Patents: A Comparative And Economic View, Robert P. Merges, Lawrence A. Locke
Co-Ownership Of Patents: A Comparative And Economic View, Robert P. Merges, Lawrence A. Locke
Robert P Merges
No abstract provided.
The Law And Economics Of Employee Inventions, Robert P. Merges
The Law And Economics Of Employee Inventions, Robert P. Merges
Robert P Merges
No abstract provided.
Estoppel Doctrine For Patented Standards, An, Robert P. Merges, Jeffery M. Kuhn
Estoppel Doctrine For Patented Standards, An, Robert P. Merges, Jeffery M. Kuhn
Robert P Merges
No abstract provided.
On The Complex Economics Of Patent Scope, Robert P. Merges, Richard R. Nelson
On The Complex Economics Of Patent Scope, Robert P. Merges, Richard R. Nelson
Robert P Merges
No abstract provided.