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Full-Text Articles in Intellectual Property Law
Restoring The Fact/Law Distinction In Patent Claim Construction, J. Jonas Anderson, Peter S. Menell
Restoring The Fact/Law Distinction In Patent Claim Construction, J. Jonas Anderson, Peter S. Menell
NULR Online
Two decades ago, the Supreme Court sought to promote more effective, transparent patent litigation in Markman v. Westview Instruments by ruling that “the construction of a patent, including terms of art within its claim, is exclusively within the province of the court.” In so doing, the Court removed interpretation of patent claims from the black box of jury deliberations by holding that the Seventh Amendment right to a jury trial did not extend to patent claim construction. Failing to find clear historical evidence of how claim construction was handled in 1791, the Court turned to “the relative interpretive skills of …
How Not To Apply Actavis, Michael A. Carrier
Patent Imperialism, Bernard Chao
Inventing Around Copyright, Dan L. Burk
Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg
Doma's Ghost And Copyright Reversionary Interests, Brad A. Greenberg
NULR Online
No abstract provided.
Moderating Mayo, Bernard Chao
The Riddle Underlying Refusal-To-Deal Theory, Michael Jacobs, Alan Devlin
The Riddle Underlying Refusal-To-Deal Theory, Michael Jacobs, Alan Devlin
NULR Online
May a dominant firm refuse to share its intellectual property (IP) with its rivals? This question lies at the heart of a highly divisive, international debate concerning the proper application of the antitrust laws. In this short Essay, we consider a profound, yet previously unaddressed, incongruity underlying the controversy. Specifically, why is it that monopolists refuse to share their IP, even at monopoly prices? To resolve this issue, some have recommended compulsory licensing, which would require monopolists to license their IP in certain circumstances. This proposal, however, entails an inescapable contradiction, one rooted in the issue of monopolists’ seemingly inexplicable …
Intellectual Property Rights: The View From Competition Policy, Shubha Ghosh
Intellectual Property Rights: The View From Competition Policy, Shubha Ghosh
NULR Online
No abstract provided.