Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Intellectual Property Law (27)
- Life Sciences (5)
- Science and Technology Law (5)
- Medicine and Health Sciences (4)
- Social and Behavioral Sciences (4)
-
- Agricultural and Resource Economics (3)
- Bioresource and Agricultural Engineering (3)
- Business (3)
- Chemistry (3)
- Engineering (3)
- Law and Economics (3)
- Medicinal-Pharmaceutical Chemistry (3)
- Pharmacy and Pharmaceutical Sciences (3)
- Physical Sciences and Mathematics (3)
- Science and Technology Studies (3)
- Biotechnology (2)
- Computer Law (2)
- Food and Drug Law (2)
- Legal Writing and Research (2)
- Litigation (2)
- Antitrust and Trade Regulation (1)
- Contracts (1)
- Courts (1)
- Education (1)
- Entertainment, Arts, and Sports Law (1)
- Higher Education (1)
- Information Literacy (1)
- Judges (1)
- Labor and Employment Law (1)
- Institution
-
- Chicago-Kent College of Law (7)
- Duke Law (4)
- SelectedWorks (4)
- University of New Hampshire (4)
- Selected Works (3)
-
- University of Michigan Law School (3)
- Boston University School of Law (2)
- Columbia Law School (2)
- University of Georgia School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Richmond (2)
- Fordham Law School (1)
- George Washington University Law School (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Mitchell Hamline School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Wollongong (1)
- Publication
-
- Faculty Scholarship (10)
- Chicago-Kent Law Review (7)
- Law Faculty Scholarship (4)
- Michigan Law Review (3)
- Law Faculty Publications (2)
-
- Scholarly Works (2)
- All Faculty Scholarship (1)
- Ariel Katz (1)
- Congressional Testimony (1)
- Daniel Harris Brean (1)
- Faculty Works (1)
- Faculty of Law - Papers (Archive) (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- GW Law Faculty Publications & Other Works (1)
- Hofstra Law Review (1)
- Moin A Yahya (1)
- Robin C Feldman (1)
- Ronald Mann (1)
- Severin de Wit (1)
- Shubha Ghosh (1)
- Publication Type
Articles 1 - 30 of 42
Full-Text Articles in Law
Trolling For Trolls: The Pitfalls Of The Emerging Market Competition Requirement For Permanent Injunctions In Patent Cases Post-Ebay, Benjamin H. Diessel
Trolling For Trolls: The Pitfalls Of The Emerging Market Competition Requirement For Permanent Injunctions In Patent Cases Post-Ebay, Benjamin H. Diessel
Michigan Law Review
In eBay v. MercExchange, a unanimous Supreme Court announced that a new four-factor test should be employed by district courts in determining whether to award an injunction or damages to an aggrieved party whose intellectual property has been infringed. In the context of permanent injunctions in patent cases, district courts have distorted the four-factor test resulting in a "market competition requirement." Under the new market competition requirement, success at obtaining an injunction is contingent upon a party demonstrating that it is a market competitor After consistent application in the first twenty-five district court cases post-eBay, the market competition requirement …
Infringement & The International Reach Of U.S. Patent Law, Moin A. Yahya, Cameron Hutchison
Infringement & The International Reach Of U.S. Patent Law, Moin A. Yahya, Cameron Hutchison
Moin A Yahya
American Patent Law, through both judicial and legislative efforts, has evolved from a strict territorial based set of laws asserting jurisdiction only over those infringements taking place on American soil to a more expansive set of rules asserting jurisdiction over any event that may harm patent holders in the United States regardless of where the infringement is taking place. This, we argue, is contrary to the original purpose of Patent Law and inconsistent with American obligations under the International Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). We argue for a return to territorial based rules of jurisdiction. Such a …
Race Specific Patents, Commercialization, & Intellectual Property Policy, Shubha Ghosh
Race Specific Patents, Commercialization, & Intellectual Property Policy, Shubha Ghosh
Shubha Ghosh
This Article examines the phenomenon of “race specific patents,” defined as patented inventions for which the claims or the disclosure is written using racial categories. Motivated by the grant of a patent in 2002 to a hypertension drug designed for used by “black patients,” as expressly stated in the patent claims, the study looks at race specific patents in several areas, including patents for pharmaceuticals, cosmetics, toys, and devices for determining personal identity. After cataloguing the over thousand patents that were discovered, the author presents an analysis of the use of racial categories in patent law that focuses on both …
Differing Shades Of Meaning, Robin C. Feldman
Differing Shades Of Meaning, Robin C. Feldman
Robin C Feldman
The relationship between patent law and antitrust law has challenged legal minds since the emergence of antitrust law in the late 19th century. In reductionist form, the two concepts pose a natural contradiction: One encourages monopoly while the other restricts it. To avoid uncomfortable dissonance, the trend across time has been to try to harmonize patent and antitrust law. In particular, harmonization efforts in recent decades have led Congress and the courts to engage in a series of attempts, some aborted and some half-formed, to graft antitrust doctrines onto patent law. These efforts have failed to resolve the conflicts.
This …
What's Wrong With The Patent System? Fuzzy Boundaries And The Patent Tax, James Bessen, Michael J. Meurer
What's Wrong With The Patent System? Fuzzy Boundaries And The Patent Tax, James Bessen, Michael J. Meurer
Faculty Scholarship
The annual number of patent lawsuits filed in the U.S. has roughly tripled from 1970 to 2004. The number of suits was more or less steady in the 1970s, climbed slowly in the 1980s, and exploded in the 1990s. Why? The usual answers point to (1) the growth of the “new economy” and the concomitant explosion of patenting, (2) the failure of the Patent Office to reject patents on old or obvious inventions, or (3) the rise of the patent troll. There is an element of truth in all these answers, but even collectively they do a poor job explaining …
Software Patents, Incumbents, And Entry, Ronald Mann
Software Patents, Incumbents, And Entry, Ronald Mann
Ronald Mann
Software patents have been controversial since the days when “software” referred to the crude programs that came free with an IBM mainframe. Different perspectives have been presented in judicial, legislative, and administrative fora over the years, and the press has paid as much attention to this issue as it has to any other intellectual property topic during this time. Meanwhile, a software industry developed and has grown to a remarkable size, whether measured by revenues or profitability, number of firms or employees, or research expenditures. The scope of software innovation has become even broader, as an increasing number of devices …
The Big Idea: Prizes To Stimulate R&D For New Medicines, James Love, Tim Hubbard
The Big Idea: Prizes To Stimulate R&D For New Medicines, James Love, Tim Hubbard
Chicago-Kent Law Review
No abstract provided.
The Demise And Rebirth Of Plant Variety Protection: A Comment On Technological Change And The Design Of Plant Variety Protection Regimes, Laurence R. Helfer
The Demise And Rebirth Of Plant Variety Protection: A Comment On Technological Change And The Design Of Plant Variety Protection Regimes, Laurence R. Helfer
Chicago-Kent Law Review
No abstract provided.
Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith
Technological Change And The Design Of Plant Variety Protection Regimes, Mark D. Janis, Stephen Smith
Chicago-Kent Law Review
In this paper, we examine the potential for plant variety protection ("PVP") regimes—that is, sui generis, industry-specific intellectual property regimes—to become compromised as a result of technological change. In particular, we analyze the shift in plant breeding from phenotypic selection to genotypic selection, and consider the impact of that shift on existing plant variety protection. We also lay out an alternative structure for plant intellectual property protection based on unfair competition, a model that differs radically in some respects from current PVP schemes. We offer our model as a starting point for debate on adaptations that might improve PVP …
Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci
Data Protection In A U.S.-Malaysia Free Trade Agreement: New Barriers To Market Access For Generic Drug Manufacturers., Robert Galantucci
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Creative Lawmaking: A Comment On Lionel Bently, Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Rochelle C. Dreyfuss
Creative Lawmaking: A Comment On Lionel Bently, Copyright, Translations, And Relations Between Britain And India In The Nineteenth And Early Twentieth Centuries, Rochelle C. Dreyfuss
Chicago-Kent Law Review
No abstract provided.
A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho
A New World Order For Addressing Patent Rights And Public Health, Cynthia M. Ho
Chicago-Kent Law Review
Can patent rights and public health coexist? This is a pressing global question in an era where the AIDS pandemic rages in countries that cannot afford to pay for the most effective—and patent-protected—AIDS treatment. Even in countries with higher levels of income, patent problems may nonetheless loom large in unanticipated situations that could turn deadly without access to patented drugs, such as the 2001 anthrax "crisis" or the potential avian flu epidemic. This article provides an important perspective on how international laws currently impact the intersection between patent rights and public health. This article begins with an explanation of patent …
The United States First-To-Invent System: Economic Justifications For Maintaining The Status Quo, Suzanne Konrad
The United States First-To-Invent System: Economic Justifications For Maintaining The Status Quo, Suzanne Konrad
Chicago-Kent Law Review
The latest patent reform bill, the United States Patent Act of 2005, has rehashed one of the most hotly contested debates in patent law: whether the United States should switch to a first-to-file system. Most arguments for keeping the current first-to-invent system center on fairness to small businesses or individual inventors. Although this argument has held its own for many years, it is beginning to erode in the face of counterarguments that the switch to a first-to-file system would be economically beneficial by simplifying matters and encouraging faster public disclosure. Thus fairness is no longer enough to justify maintaining the …
The Aftermath Of Festo V. Smc: Is There "Some Other Reason" For Justifying The Third Festo Rebuttal Criterion?, Erin Conway
The Aftermath Of Festo V. Smc: Is There "Some Other Reason" For Justifying The Third Festo Rebuttal Criterion?, Erin Conway
Chicago-Kent Law Review
Encouraging technological innovation and improvement lies at the heart of the U.S. patent system. To achieve this goal, the patent system must provide robust protection to patentees while assuring that would-be inventors know exactly where protected inventions end and areas open to development begin. In recognizing the importance of these two functions of the patent laws, the Supreme Court in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. ("Festo VIII") set out to clarify the relationship between two important, yet troublesome, patent law doctrines-the doctrine of equivalents and prosecution history estoppel. However, in its attempt to restore balance …
Should Patent Infringement Require Proof Of Copying?, Mark A. Lemley
Should Patent Infringement Require Proof Of Copying?, Mark A. Lemley
Michigan Law Review
Patent infringement is a strict liability offense. Patent law gives patent owners not just the right to prevent others from copying their ideas, but the power to control the use of their idea--even by those who independently develop a technology with no knowledge of the patent or the patentee. This is a power that exists nowhere else in intellectual property (IP) or real property law, but it is a one that patentees have had, with rare exceptions, since the inception of the Republic. In an important paper in the Michigan Law Review, Samson Vermont seeks to change this, arguing …
An Empirical Look At Software Patents, James Bessen, Robert M. Hunt
An Empirical Look At Software Patents, James Bessen, Robert M. Hunt
Faculty Scholarship
U.S. legal changes have made it easier to obtain patents on inventions that use software. Software patents have grown rapidly and now comprise 15 percent of all patents. They are acquired primarily by large manufacturing firms in industries known for strategic patenting; only 5 percent belong to software publishers. The very large increase in software patent propensity over time is not adequately explained by changes in R&D investments, employment of computer programmers, or productivity growth. The residual increase in patent propensity is consistent with a sizeable rise in the cost effectiveness of software patents during the 1990s. We find evidence …
Patents And Innovation, What We Learn From History, Severin De Wit
Patents And Innovation, What We Learn From History, Severin De Wit
Severin de Wit
No abstract provided.
Intellectual Property Management In Health And Agricultural Innovation: A Handbook Of Best Practices, Vol. 2, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski
Intellectual Property Management In Health And Agricultural Innovation: A Handbook Of Best Practices, Vol. 2, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski
Law Faculty Scholarship
Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities …
Pharmaceutical Lemons: Innovation And Regulation In The Drug Industry, Ariel Katz
Pharmaceutical Lemons: Innovation And Regulation In The Drug Industry, Ariel Katz
Ariel Katz
Before a new drug can be marketed the Food and Drug Administration must be satisfied that it is safe and effective. According to conventional wisdom, the cost and delay involved in this process diminish the incentives to invest in the development of new drugs. Accordingly, several reforms aimed at restoring such incentives have been implemented and others have been advocated. This paper challenges the central argument in the debate on the topic, namely that drug regulation and drug innovation are necessarily at odds with each other. Although intuitively appealing, the argument that drug regulation negatively affects the incentives to innovate …
Not All Property Is Created Equal: Why Modern Courts Resist Applying The Takings Clause To Patents, And Why They Are Right To Do So, Davida H. Isaacs
Not All Property Is Created Equal: Why Modern Courts Resist Applying The Takings Clause To Patents, And Why They Are Right To Do So, Davida H. Isaacs
Faculty Scholarship
After a century of disregard, the question of whether patents are entitled to protection under the Fifth Amendment's Takings Clause has recently become a topic of scholarly and judicial debate. While one might have expected this issue to have been settled long before, it is only the recent burgeoning of patentholders' regulatory takings claims that has made this question one of pressing interest. Thus far scholarship on the issue has focused on whether or not patents have historically been characterized as property. Meanwhile, last year's rejection by the Federal Circuit of a patentholder's right to assert a Takings Clause claim …
Ants, Elephant Guns, And Statutory Subject Matter, Kristen Jakobsen Osenga
Ants, Elephant Guns, And Statutory Subject Matter, Kristen Jakobsen Osenga
Law Faculty Publications
Questions about whether software qualifies for patent protection are becoming increasingly more prevalent, despite the fact the issue seemed settled. The Supreme Court has indicated its interest in the topic and the U.S. Patent and Trademark Office-which had previously been liberally issuing patents in the computer-related arts-now appears to be leading the groundswell against the subject-matter eligibility of these inventions, rejecting an increasing number of applications in this area for lack of statutory subject matter. Despite the broad definitions of patentable subject matter provided by the Constitution, Patent Act, and Supreme Court, the Patent Office has grafted various additional requirements …
Rembrandts In The Research Lab: Why Universities Should Take A Lesson From Big Business To Increase Innovation, Kristen Jakobsen Osenga
Rembrandts In The Research Lab: Why Universities Should Take A Lesson From Big Business To Increase Innovation, Kristen Jakobsen Osenga
Law Faculty Publications
In this Article, I argue that patents, if obtained and exploited strategically, can have a beneficial effect on university research. I will describe the barriers to university participation in the patent arena-that is, lack of money, lack of knowledge, lack of infrastructure, and cultural concerns-and explain, with reference to business, how and why universities need to overcome these barriers. By breaking down these barriers and ably exploiting their intellectual property, I argue that the obstacles to university research will be lessened, resulting in increased research and innovation. I further provide a primer to provide university administrators, technology transfer offices, and …
Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn
Race-Ing Patents/Patenting Race: An Emerging Political Geography Of Intellectual Property In Biotechnology, Jonathan Kahn
Faculty Scholarship
This article applies insights from critical race theory to examine an emerging phenomenon in biotechnology research and product development. The strategic use of race as a genetic category to obtain patent protection and drug approval. A dramatic rise in the use of race in biotechnology patents indicates that researchers and affiliated commercial enterprises are coming to see social categories of race as presenting opportunities for gaining, extending, or protecting monopoly market protection for an array of biotechnological products and services. Racialized patents are also providing the basis for similarly race-based clinical trial designs, drug development, capital raising and marketing strategies …
Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung
Stifling Or Stimulating - The Role Of Gene Patents In Research And Genetic Testing, Lawrence M. Sung
Congressional Testimony
No abstract provided.
Patents And Access To Antiretroviral Medicines In Vietnam After World Trade Organization Accession, Jakkrit Kuanpoth
Patents And Access To Antiretroviral Medicines In Vietnam After World Trade Organization Accession, Jakkrit Kuanpoth
Faculty of Law - Papers (Archive)
Antiretroviral (ARV) drugs, where they are accessible, have been shown to prolong the lives and increase the health and well-being of people living with human immunodeficiency virus/acquired immunodeficiency syndrome. In general terms, whether a country is able to provide affordable ARVs to people in need is determined by the pricing structure of the drugs, whichis in turn based on the patent environment that regulates them. Increasing access in many developing countries, including Vietnam, requires a thorough understanding of the patent environment and of the legal options that will allow the production and/or importation of affordable treatments. This article provides an …
Transaction Costs And Patent Reform, Paul J. Heald
Transaction Costs And Patent Reform, Paul J. Heald
Scholarly Works
This article considers current proposals for patent law reform in light of a simple theory about intellectual property law: In a world without transactions costs, the assignment of property rights is not necessary to stimulate the optimal production of creative goods. Because potential users of inventions could contract for their creation, a compelling justification for granting property rights in these intangibles is the reduction of real-world transaction and information costs that hinder, or make impossible, contract formation between users and creators. Proposals for patent law reform, therefore, should be evaluated by whether a change in legal rights, or in the …
Lexis V. Westlaw For Research - Better, Different, Or Same And The Qwerty Effect?, Jon R. Cavicchi
Lexis V. Westlaw For Research - Better, Different, Or Same And The Qwerty Effect?, Jon R. Cavicchi
Law Faculty Scholarship
There are synchronistic moments when in the process of writing. While contemplating this article, an email message made its way to my desk, past Pierce Law Center's spam firewall with the following subject line: "Pepsi v. Coke-Tell Us--Get $10." Do IP researchers choose Lexis or Westlaw justified by taste? Surely you jest, some voice said to me. Repressing this message, I proceeded to compare platform content, perform literature searches, and poll students and IP professors.
Yet another synchronistic moment came as the email from those taking the poll steamed into my email. Many IP professors indicated that they made the …
Standard Setting, Patents, And Access Lock-In: Rand Licensing And The Theory Of The Firm, Joseph S. Miller
Standard Setting, Patents, And Access Lock-In: Rand Licensing And The Theory Of The Firm, Joseph S. Miller
Scholarly Works
Many leading voluntary standard-setting organizations (SSOs) have adopted intellectual property (IP) policies under which participants must promise to license any patents on technology that they contribute to a standard, and to do so on reasonable and nondiscriminatory terms (RAND). The standard setting literature includes a substantial focus on the widespread use of this RAND promise. A common refrain in these analyses of the RAND promise is that its meaning is dysfunctionally uncertain. We know more about the RAND promise, however, than the existing literature suggests. I show that we already know the RAND promise's core meaning, and why it remains …
Intellectual Property Management In Health And Agricultural Innovation: Executive Guide, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski
Intellectual Property Management In Health And Agricultural Innovation: Executive Guide, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski
Law Faculty Scholarship
Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities …
Intellectual Property Management In Health And Agricultural Innovation: A Handbook Of Best Practices, Vol. 1, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski
Intellectual Property Management In Health And Agricultural Innovation: A Handbook Of Best Practices, Vol. 1, Anatole Krattiger, Richard T. Mahoney, Lita Nelsen, Jennifer A. Thomson, Alan B. Bennett, Kanikaram Satyanarayana, Gregory D. Graff, Carlos Fernandez, Stanley Kowalski
Law Faculty Scholarship
Prepared by and for policy-makers, leaders of public sector research establishments, technology transfer professionals, licensing executives, and scientists, this online resource offers up-to-date information and strategies for utilizing the power of both intellectual property and the public domain. Emphasis is placed on advancing innovation in health and agriculture, though many of the principles outlined here are broadly applicable across technology fields. Eschewing ideological debates and general proclamations, the authors always keep their eye on the practical side of IP management. The site is based on a comprehensive Handbook and Executive Guide that provide substantive discussions and analysis of the opportunities …