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Articles 1 - 17 of 17
Full-Text Articles in Law
Standards, Patents, And The National Smart Grid, Jorge L. Contreras
Standards, Patents, And The National Smart Grid, Jorge L. Contreras
Pace Law Review
No abstract provided.
The Principle Of Fair Notice: Is It Prudent Guidance For The Future Of Patent Law? , Georgia E. Kralovic
The Principle Of Fair Notice: Is It Prudent Guidance For The Future Of Patent Law? , Georgia E. Kralovic
Pepperdine Law Review
No abstract provided.
Taking Nature Back: Why Tax Strategy Law Is Relevant To Gene Patents, Amy E. Sestric
Taking Nature Back: Why Tax Strategy Law Is Relevant To Gene Patents, Amy E. Sestric
Missouri Law Review
On July 29, 2011, the United States Court of Appeals for the Federal Circuit upheld the validity of several controversial patents in Association for Molecular Pathology v. United States Patent and Trademark Office.' The patents, exclusively assigned to Myriad Genetics, Inc. (Myriad), claim two human genes fundamental to understanding, researching, and diagnosing common strains of familial breast and ovarian cancers. Patients expressed concern that Myriad's exclusivity over the two genes made diagnosis excessively expensive and precluded the availability of independent second opinion testing. Although the Supreme Court of the United States vacated and remanded the Federal Circuit's decision, the Federal …
Oh, The Places You'll Go: The Implications Of Current Patent Law On Embryonic Stem Cell Research, Stacy Kincaid
Oh, The Places You'll Go: The Implications Of Current Patent Law On Embryonic Stem Cell Research, Stacy Kincaid
Pepperdine Law Review
No abstract provided.
Digestion And Re-Innovation: A Lesson Learned From China´S High-Speed Rail Technology-Transfer Agreements, Joe Massie
Digestion And Re-Innovation: A Lesson Learned From China´S High-Speed Rail Technology-Transfer Agreements, Joe Massie
Intellectual Property Brief
No abstract provided.
Markman Pro Publico: Friending The Courts On Patent Claim Interpretation Issues, Charles Lee Thomason
Markman Pro Publico: Friending The Courts On Patent Claim Interpretation Issues, Charles Lee Thomason
Intellectual Property Brief
In Markman claim term disputes, the paramount interest of the public in patents and in the public domain is unrepresented, even though “patent rights are ‘issues of great moment to the public.’” What delineates the outer bounds of the patent claim interpretation inquiry are the “private interests of the litigants.” The public interest is set aside. Neither the courts nor the litigants are well positioned to address the “underlying policy of the patent system” or to ask pointedly whether the patent claims, unless properly construed, have enough “worth to the public” to “outweigh the restrictive effect of the limited patent …
The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio
The Role Of Patents In The International Framework Of Clean Technology Transfer: A Discussion Of Barriers And Solutions, Mark Consilvio
Intellectual Property Brief
No abstract provided.
Rebutting Obviousness In The Pharmaceutical Industry: Secondary Considerations Of Analogs, Jolie D. Lechner
Rebutting Obviousness In The Pharmaceutical Industry: Secondary Considerations Of Analogs, Jolie D. Lechner
Chicago-Kent Journal of Intellectual Property
Pharmaceutical companies depend on patent protection to recuperate the high costs of research and development. In regards to the patentability of structurally related compounds, the courts must decide whether a compound is obvious in view of its structurally similar prior art. In general, a compound is non-obvious over the structurally related prior art if the compound exhibits unexpected results. However, placing primary emphasis on a compound's unexpected properties is out of step with the realities of drug development. For example, during drug development, chemists will modify a compound's structure until they produce a compound that exhibits optimal pharmakinetic properties. This …
Designer Collaborations As A Solution To The Fast-Fashion Copyright Dilemma, Arielle K. Cohen
Designer Collaborations As A Solution To The Fast-Fashion Copyright Dilemma, Arielle K. Cohen
Chicago-Kent Journal of Intellectual Property
This article explores the issue of large retailers capitalizing on designers’ designs by using the method of “close copying” and the dilemma that designers face due to their lack of recourse since their designs are not afforded copyright protection. The Council of Fashion Designers of America has been lobbying Congress for protection and their efforts have created the Innovative Design Protection and Piracy Prevention Act. This legislation is currently pending but it is a revised version of the earlier Design Piracy Prohibition Act and it removes many of the controversial provisions that were in the earlier version. Therefore, there is …
Patent Validity Across The Executive Branch: Ex Ante Foundations For Policy Development, Arti K. Rai
Patent Validity Across The Executive Branch: Ex Ante Foundations For Policy Development, Arti K. Rai
Duke Law Journal
Among patent scholars who address institutional questions, many favor the courts over the PTO as the policymaker of choice. Even though courts have familiar limitations with respect to policymaking, scholars often argue that the PTO is more likely to be captured. This Essay argues that the capture story has significant limits, particularly in key cases where PTO decision making has been influenced by other executive-branch decision makers. Meanwhile, exclusive reliance on ex post judicial development can yield a one-way ratchet towards the expansion of patent protection. When courts expand patent rights, they generally do not have to worry about retroactive …
Will Gene Patents Derail The Next-Generation Of Genetic Technologies?: A Reassessment Of The Evidence Suggests Not, Christopher M. Holman
Will Gene Patents Derail The Next-Generation Of Genetic Technologies?: A Reassessment Of The Evidence Suggests Not, Christopher M. Holman
UMKC Law Review
Judge Bryson recently asserted in Association for Molecular Pathology v. US Patent and Trademark Office (dissenting-in-part) that human gene patents "present a significant obstacle to the next generation of innovation in genetic medicine — multiplex tests and whole-genome sequencing." His concern over the impact of gene patents on genetic testing, which coincides with his position that certain gene patents should be declared patent ineligible, reflects a widely held misperception that 20% of human genes are patented in a manner that would necessarily result in infringement by whole genome sequencing and other forms of genetic testing. In fact, the myth that …
The Myth Of Generic Pharmaceutical Competition Under The Hatch-Waxman Act, Emily Michiko Morris
The Myth Of Generic Pharmaceutical Competition Under The Hatch-Waxman Act, Emily Michiko Morris
Fordham Intellectual Property, Media and Entertainment Law Journal
Without a doubt, health care costs are on the rise, and how to reduce those costs is of great concern to many. The Hatch-Waxman Act attempts to reduce pharmaceutical costs by encouraging market entry by lower-priced generic pharmaceuticals and without a doubt has been successful in doing so over the last three decades. The question is, at what price? Although designed to balance greater generic market entry with stronger incentives for brand-name pharmaceutical innovators to continue developing new drugs, the Act appears to have fall short of making those incentives nearly strong enough and, indeed, likely weakens them. Perhaps more …
Limits On Utility In The Face Of 21st Century Invention: The Problem With Limiting Patent Claims On Est Sequences, Kyle Strache
Limits On Utility In The Face Of 21st Century Invention: The Problem With Limiting Patent Claims On Est Sequences, Kyle Strache
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Patent Law—Patentability Post-Bilski: No Need To Throw The Baby Out With The Bath Water When Determining Subject Matter Eligibility Under 35 U.S.C. § 101, Jennifer L. Davis
Patent Law—Patentability Post-Bilski: No Need To Throw The Baby Out With The Bath Water When Determining Subject Matter Eligibility Under 35 U.S.C. § 101, Jennifer L. Davis
University of Arkansas at Little Rock Law Review
Pursuant to Title 35, §101 of the United States Code, anyone who "invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof" is eligible for a patent. Traditionally, the United States Patent and Trademark Office and the federal courts have enumerated a variety of tests for determining patent eligibility, but common language in the case law had lead to, in Bilski v. Kappos, 130 S. Ct. 3218 (2010), the development of what is known as the machine-or-transformation test. In an opinion delivered on the final day of the 2009-2010 …
Princo Corp. V. Int'l Trade Comm'n: Patent Misuse No Longer A Deterrent To Anticompetitive Behavior In The Group Venture Context, Brian D. Hill
Princo Corp. V. Int'l Trade Comm'n: Patent Misuse No Longer A Deterrent To Anticompetitive Behavior In The Group Venture Context, Brian D. Hill
Journal of Business & Technology Law
No abstract provided.
Patents Fettering Reproductive Rights, Scott A. Allen
Patents Fettering Reproductive Rights, Scott A. Allen
Indiana Law Journal
No abstract provided.
Patents 101: Patentable Subject Matter And Separation Of Powers, Max S. Oppenheimer
Patents 101: Patentable Subject Matter And Separation Of Powers, Max S. Oppenheimer
Vanderbilt Journal of Entertainment & Technology Law
The definition of statutory subject matter lies at the heart of the patent system. It is the reflection of Congress's policy decision as to what types of inventions one may patent. While the congressional definition of statutory subject matter (in what is now 35 U.S.C. § 101) has remained fundamentally constant since 1790, the Supreme Court has reinterpreted and redefined statutory subject matter several times, leaving lower courts with the frustrating task of trying to develop a coherent jurisprudence against a changing landscape. This inconstancy has introduced uncertainty for inventors who are trying to make the fundamental decision of whether …