Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (8)
- Science and Technology Law (2)
- Chemistry (1)
- Computer Law (1)
- Energy Policy (1)
-
- Energy and Utilities Law (1)
- Environmental Chemistry (1)
- Environmental Law (1)
- Environmental Policy (1)
- Environmental Sciences (1)
- Genetics and Genomics (1)
- Human Rights Law (1)
- International Law (1)
- International Trade Law (1)
- Internet Law (1)
- Jurisprudence (1)
- Legal Ethics and Professional Responsibility (1)
- Life Sciences (1)
- Medicine and Health Sciences (1)
- Physical Sciences and Mathematics (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Law and Legal Theory (1)
- Science and Technology Studies (1)
- Social and Behavioral Sciences (1)
- Sustainability (1)
- Publication
- File Type
Articles 1 - 11 of 11
Full-Text Articles in Law
The Changing Damages Regime: Reasonable Royalties After Lucent And Willful Infringement And Enhanced Damages After Seagate, Christopher B. Seaman
The Changing Damages Regime: Reasonable Royalties After Lucent And Willful Infringement And Enhanced Damages After Seagate, Christopher B. Seaman
Christopher B. Seaman
No abstract provided.
The Giants Among Us, Robin Feldman, Thomas Ewing
The Giants Among Us, Robin Feldman, Thomas Ewing
Robin C Feldman
The patent world is undergoing a change of seismic proportions. A small number of entities have quietly amassed vast treasuries of patents. These are not the typical patent trolls that we have come to expect. Rather, these entities have participants such Apple, Google, Microsoft, Sony, the World Bank, and non-profit institutions. The largest and most secretive of these has accumulated a staggering 30,000-60,000 patents.
Investing thousands of hours of research and using publicly available sources, we pieced together a detailed picture of these giants and their activities. We consider the potential positive effects, including facilitating rewards for forgotten inventors, creating …
A Generation Of Software Patents, James Bessen
A Generation Of Software Patents, James Bessen
James Bessen
This study examines changes in the patenting behavior of the software industry since the 1990s. It finds that most software firms still do not patent, most software patents are obtained by a few large firms in the software industry or in other industries, and the risk of litigation from software patents continues to increase dramatically. Given these findings, it is hard to conclude that software patents have provided a net social benefit in the software industry.
Whose Body Is It Anyway? Human Cells And The Strange Effects Of Property And Intellectual Property Law, Robin C. Feldman
Whose Body Is It Anyway? Human Cells And The Strange Effects Of Property And Intellectual Property Law, Robin C. Feldman
Robin C Feldman
Book Review: Gene Patents And Collaborative Licensing Models: Patent Pools, Clearinghouses, Open Source Models And Liability Regimes (Ed. Geertrui Van Overwalle), Jonas Anderson
J. Jonas Anderson
The Accession Insight And Patent Infringement Remedies, Peter Lee
The Accession Insight And Patent Infringement Remedies, Peter Lee
Peter Lee
How should property rights be allocated when one party, without authorization, substantially improves the property of another? According to the doctrine of accession, a good-faith improver may take title to such improved property, subject to compensating the original owner for the value of the source materials. While shifting title to a converter seems like a remarkable remedy, this merely highlights the equitable nature of accession, which aims for fair allocation of property rights and compensation between two parties who both have plausible claims to an improved asset.
This Article draws on accession—a physical property doctrine with roots in Roman civil …
Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean M. Flynn
Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean M. Flynn
Sean Flynn
Since its inception in 1988, the United States Trade Representative’s “Special 301” adjudication of foreign intellectual property law standards has been used to promote policies restricting access to affordable medications around the world. President-elect Obama released a platform promising to “break the stranglehold that a few big drug and insurance companies have on these life-saving drugs” and pledged support for “the rights of sovereign nations to access quality-assured, low-cost generic medication to meet their pressing public health needs.” The 2009 and 2010 Special 301 reports, however, indicate that the Obama Administration has not yet implemented this pledge into administration trade …
Medical Device Patents, 2011 Edition, Lawrence Sung
Medical Device Patents, 2011 Edition, Lawrence Sung
Lawrence M. Sung
This product addresses the unique aspects of U.S. medical device patents, specifically durable medical equipment, and examines their grant and enforcement. Coverage includes information on prosecution, transfer, and litigation, including settlement. Patents for specific types of devices are addressed. The comprehensive treatment of patents in the medical specialties of orthopedics, cardiovascular disease, dentistry, ophthalmology, radiology, and surgery, among others, is a useful resource for readers, whether they seek competitive business insight or are curious about the history of medical technology development
Software Patents, Separation Of Powers, And Failed Syllogisms: A Cornucopia From The Enlarged Board Of Appeal Of The European Patent Office, Justine Pila
Justine Pila
The decision of the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) in G_0003/08 regarding the patentability of computer programs under the European Patent Convention (EPC) is considered, and the grounds for the EBA’s rejection of the President’s referral on the computer programs exclusion of Article 52(2)(c) & (3) analysed. An argument is made that the basis for that rejection is an interpretation of the President’s power of referral under Article 112(1)(b) EPC that is inconsistent with Articles 31–33 of the Vienna Convention, and that offends the constitutional principles on which the EBA relied. The EBA’s support …
The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau
The Problem With Intellectual Property Rights: Subject Matter Expansion, Andrew Beckerman Rodau
Andrew Beckerman Rodau
This article examines the expansion of the subject matter that can be protected under intellectual property law. Intellectual property law has developed legal rules that carefully balance competing interests. The goal has long been to provide enough legal protection to maximize incentives to engage in creative and innovative activities while also providing rules and doctrines that minimize the effect on the commercial marketplace and minimize interference with the free flow of ideas generally. The expansive view of subject matter protectable via intellectual property law has erased the clear delineation between patent, copyright, and trademark law. This has led to overprotection …
Will International Trade Law Promote Or Inhibit Global Artificial Photosynthesis, Thomas A. Faunce
Will International Trade Law Promote Or Inhibit Global Artificial Photosynthesis, Thomas A. Faunce
Thomas A Faunce
Artificial photosynthesis (AP) is an area of well-advanced research involving large international groups at the cutting edge of synthetic biology and nanotechnology. In simple terms it offers to produce a cheap source of hydrogen for fuel through using sunlight to split water, as well as making basic starches by a process involving absorption of carbon dioxide via the enzyme RuBisCO. As the proliferating numbers of university-based research teams working in this area begin to combine, there will be a natural escalation of the expected time for a global roll-out of AP domestic and international devices. Policy attention will then turns …