Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Science and Technology Law (88)
- Entertainment, Arts, and Sports Law (59)
- Antitrust and Trade Regulation (36)
- Health Law and Policy (36)
- International Law (27)
-
- Law and Economics (25)
- Litigation (24)
- Courts (23)
- Internet Law (22)
- Computer Law (18)
- Business (17)
- Social and Behavioral Sciences (17)
- International Trade Law (16)
- Food and Drug Law (15)
- Life Sciences (15)
- Contracts (14)
- Law and Society (14)
- Legislation (14)
- Supreme Court of the United States (13)
- Technology and Innovation (13)
- Administrative Law (12)
- Business Organizations Law (12)
- Comparative and Foreign Law (12)
- Civil Procedure (11)
- Jurisprudence (11)
- Legal Writing and Research (11)
- Medicine and Health Sciences (11)
- Constitutional Law (10)
- Institution
-
- Northwestern Pritzker School of Law (79)
- Marquette University Law School (78)
- Fordham Law School (67)
- American University Washington College of Law (57)
- The University of Akron (52)
-
- University of Georgia School of Law (45)
- SJ Quinney College of Law, University of Utah (41)
- Boston University School of Law (36)
- University of Denver (27)
- New York Law School (25)
- Texas A&M University School of Law (23)
- University of New Hampshire (21)
- Chicago-Kent College of Law (18)
- University of Richmond (18)
- BLR (16)
- The Catholic University of America, Columbus School of Law (15)
- University of Baltimore Law (14)
- Vanderbilt University Law School (13)
- Washington and Lee University School of Law (12)
- University of Michigan Law School (11)
- Pepperdine University (10)
- Seattle University School of Law (10)
- Southern Methodist University (9)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (9)
- Georgetown University Law Center (8)
- Maurer School of Law: Indiana University (8)
- Touro University Jacob D. Fuchsberg Law Center (8)
- University of Colorado Law School (8)
- University of Maine School of Law (8)
- Emory University School of Law (7)
- Publication Year
- Publication
-
- Northwestern Journal of Technology and Intellectual Property (75)
- Marquette Intellectual Property Law Review (74)
- Faculty Scholarship (65)
- Fordham Intellectual Property, Media and Entertainment Law Journal (61)
- Utah Law Faculty Scholarship (40)
-
- Georgia Journal of Law & Technology (29)
- Akron Intellectual Property Journal (27)
- Sturm College of Law: Faculty Scholarship (27)
- All Faculty Scholarship (23)
- American University Law Review (23)
- ExpressO (16)
- Akron Law Review (15)
- Articles & Chapters (15)
- Scholarly Works (14)
- Scholarly Articles (13)
- Amicus Briefs & Court Filings (12)
- Law Faculty Scholarship (12)
- Law Faculty Publications (11)
- Scholarly Articles in Law Reviews & Journals (11)
- Vanderbilt Law School Faculty Publications (11)
- Faculty Articles (10)
- Faculty Publications (10)
- Seattle University Law Review (10)
- Akron Law Faculty Publications (9)
- Chicago-Kent Journal of Intellectual Property (9)
- Faculty Journal Articles and Book Chapters (9)
- Michigan Law Review (9)
- Journal Articles (8)
- RISK: Health, Safety & Environment (1990-2002) (8)
- Touro Law Review (8)
- Publication Type
- File Type
Articles 631 - 660 of 871
Full-Text Articles in Intellectual Property Law
Level Of Skill And Long-Felt Need: Notes On A Forgotten Future, Joe Miller
Level Of Skill And Long-Felt Need: Notes On A Forgotten Future, Joe Miller
Scholarly Works
The Supreme Court's KSR decision transforms the way we think about patent law's ordinary artisan. The ordinary artisan, the Supreme Court states, is also a person of ordinary creativity, not an automaton. This transformation, which sweeps aside a contrary precept that had informed the Federal Circuit's nonobviousness jurisprudence for a generation, raises a key question: How do we fill out the rest of our conception, in a given case, of the ordinary artisan's level of skill at the time the invention was made? Reaching back to a large vein of case law typified by Judge Learned Hand's decisions about nonobviousness, …
Current Patent Laws Cannot Claim The Backing Of Human Rights - 2008, Wendy J. Gordon
Current Patent Laws Cannot Claim The Backing Of Human Rights - 2008, Wendy J. Gordon
Scholarship Chronologically
The majority of the world's countries (one exception being the United States) have undertaken a commitment at the level of human rights to protect the interests of persons who author 'scientific ... production[s]'. This commitment is embodied in the International Covenant on Economic, Social and Cultural Rights (ICESCR), which recognizes in Article 15.1.(c) the rights of everyone 'to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.'
Meddimmune, Microsoft, And Ksr: The United States Supreme Court In 2007 Tips The Balance In Favor Of Innovation In Patent Cases, And Thrice Reverses The Federal Circuit, Sue Ann Mota
Marquette Intellectual Property Law Review
In 2007 the Supreme Court reversed three patent cases from the Court of Appeals for the Federal Circuit. The three cases were MedImmune, Inc. v. Genentech, Inc. (holding a patent licensee does not have to breach a license agreement before seeking declaratory judgment that the underlying patent is invalid, unenforceable, or not infringed), Microsoft Corp. v. AT&T Corp. (holding Microsoft did not supply a component of an invention from the United States that had the possibility of infringing under the Patent Act), and KSR International Co. v. Teleflex Inc. (holding the requirement of non-obviousness under the Patent Act is analyzed …
Speaking Words Of Wisdom: Let It Be: The Reexamination Of The Human Embryonic Stem Cell Patents, Julia Vom Wege Dovi
Speaking Words Of Wisdom: Let It Be: The Reexamination Of The Human Embryonic Stem Cell Patents, Julia Vom Wege Dovi
Marquette Intellectual Property Law Review
Embryonic stem cell research represents an area of scientific inquiry that bears great promise, and patent law ensures that stem cell technology is both protected and utilized to its fullest potential. This article analyzes why the USPTO should not invalidate or narrow three challenged stem cell patents owned by the Wisconsin Alumni Research Foundation (WARF) through the Public Patent Foundation. The author outlines the science behind stem cells, explains the applicable law, and articulates the policy considerations relevant to patent law and stem cells. Ultimately, the author argues that that the challenged patents should remain valid because they have not …
In Re Seagate: Did It Really Fix The Waiver Issue? A Short Review And Analysis Of Waiver Resulting From The Use Of A Counsel's Opinion Letter As A Defense To Willful Infringement, Dov Greenbaum
Marquette Intellectual Property Law Review
The Federal Circuit, through its decision in Seagate, sought to clarify and definitively establish various consequences of an assertion of willful infringement by a patentee. This comment discusses the history and potential outcomes of the Seagate decision; first, by outlining basic issues of privilege and immunity and examining the history of uncertainty regarding waiver leading up to the Seagate decision. The remainder of the comment examines the potential outcomes of the decision, and presents possible resolutions to further resolve the issue and more fully repair attorney-client privilege and immunity.
What If Seeds Were Not Patentable?, Elizabeth I. Winston
What If Seeds Were Not Patentable?, Elizabeth I. Winston
Scholarly Articles
In 2001, the United States Supreme Court held that seeds were patentable subject matter - a decision, I assert, of much discussion and little impact. Protection of agricultural intellectual property through private ordering, used both to expand the protection available through public ordering and to circumvent the restrictions public ordering places on owners of intellectual property, has provided the incentives necessary to promote investment and innovation in seeds. It has not been the patentability of seeds that has led to agricultural advances, but rather the profitability of licensing agricultural intellectual property. What if seeds were not patentable? So what if …
The Enablement Pendulum Swings Back, Sean B. Seymore
The Enablement Pendulum Swings Back, Sean B. Seymore
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel
Ip Litigation In The 21st Century, Michael H. Baniak, Daniel A. Boehnen, Jeanne Gills, Binal J. Patel
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.
The Pendulum Swings Back: The Impact Of Recent Scotus And Federal Circuit Cases, Troy A. Groetken, Timothy R. Holbrook, Sean Seymore, Donald L. Zuhn, Jr.
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Famous For Fifteen Minutes: Ip And Internet Social Networking, Patricia S. Abril, Jonathan Darrow, Peter Ludlow, J. Michael Monahan
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai
Enablement Issues Concerning Aggressively Broad Generic Claims, J. Benjamin Bai
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson
Open Source, Open Access, And Open Transfer: Market Approaches To Research Bottlenecks, Robin Feldman, Kris Nelson
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels
Should Only Technical Inventions Be Patentable, Following The European Example?, Reinier B. Bakels
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel
Legal Turbulence After : New Possibilities For Patent Licensing At Research Institutions, Jonathan Hillel
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze
Regulating Virtual Realms Optimally: The Model End User License Agreement, Jason T. Kunze
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks
Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks
Northwestern Journal of Technology and Intellectual Property
Attorneys increasingly are confronting the significant ethical issues raised when a data-security breach occurs. Many traps exist for the unwary in this evolving area of the law, especially in light of concerns regarding e-discovery and a lack of judicial interpretation of applicable statutes. This article provides a legal framework in this area of the law and explores ethical considerations arising when an attorney represents a client who has suffered a data-security breach.
Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia
Questioning The Justifiability Of Innovation Protection In Antimicrobial Drugs: A Law And Economics Perspective, Ankur Sood, Vardaan Ahluwalia
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz
Ksr International Co. V. Teleflex Inc.: Patentability Clarity Or Confusion?, Stephen J. Schanz
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Raising The Dead: How The Ninth Circuit Avoided The Supreme Court's Guidelines Concerning Aesthetic Functionality And Still Got Away With It In Au-Tomotive Gold, Yevgeniy Markov
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev
Statistical Analysis Of The United States’ Accession To The Madrid Protocol, Ash Nagdev
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Massively Multiplayer Online Fraud: Why The Introduction Of Real World Law In A Virtual Context Is Good For Everyone, Ethan E. White
Massively Multiplayer Online Fraud: Why The Introduction Of Real World Law In A Virtual Context Is Good For Everyone, Ethan E. White
Northwestern Journal of Technology and Intellectual Property
No abstract provided.
Do Patents Perform Like Property?, Michael J. Meurer, James Bessen
Do Patents Perform Like Property?, Michael J. Meurer, James Bessen
Faculty Scholarship
Do patents provide critical incentives to encourage investment in innovation? Or, instead, do patents impose legal risks and burdens on innovators that discourage innovation, as some critics now claim? This paper reviews empirical economic evidence on how well patents perform as a property system.
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
Indirect Infringement From A Tort Law Perspective, Charles W. Adams
University of Richmond Law Review
No abstract provided.
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
Sandisk Corp. V. Stmicroelectronics, Inc., Patrick R. Colsher
NYLS Law Review
No abstract provided.
New Research Uses For Patent And Trademark Data, Roger V. Skalbeck
New Research Uses For Patent And Trademark Data, Roger V. Skalbeck
Law Faculty Publications
In this article, I examine alternative uses for information found in patent and trademark filing databases, suggesting ways to locate a law firm's clients, perform competitive intelligence, and locate or investigate expert witnesses. Finally, I talk about an interesting non-law use of patent data, i.e., historical research.
The "Reasonable Plant" Test: When Progress Outruns The Constitution, Max Oppenheimer
The "Reasonable Plant" Test: When Progress Outruns The Constitution, Max Oppenheimer
All Faculty Scholarship
No abstract provided.
Patents, Taxes And The Nuclear Option: Do We Need A “Tax Strategy Patent” Ban?, Max Oppenheimer
Patents, Taxes And The Nuclear Option: Do We Need A “Tax Strategy Patent” Ban?, Max Oppenheimer
All Faculty Scholarship
No abstract provided.
Remixing Obviousness, Joseph S. Miller
Remixing Obviousness, Joseph S. Miller
Scholarly Works
In April 2007, the Supreme Court, for the first time in 41 years, decided a case about the basic contours of patent law's nonobviousness standard. The case, KSR, upends 25 years of Federal Circuit jurisprudence, and on a legal requirement that every patent must satisfy. In this essay, I show how KSR dismantles two predicates that have long shaped Federal Circuit nonobviousness cases - namely, the intertwined premises that hindsight-driven distortion is the gravest risk to an accurate nonobviousness requirement, and that the person of ordinary skill in the art (from whose perspective nonobviousness is judge) is singularly uncreative. In …
Moral Philosophy, Information Technology, And Copyright, Wendy J. Gordon
Moral Philosophy, Information Technology, And Copyright, Wendy J. Gordon
Faculty Scholarship
A plethora of philosophical issues arise where copyright and patent laws intersect with information technology. Given the necessary brevity of the chapter, my strategy will be to make general observations that can be applied to illuminate one particular issue. I have chosen the issue considered in MGM v. Grokster,2 a recent copyright case from the U.S. Supreme Court Grokster, Ltd., provided a decentralized peer-to-peer technology that many people, typically students, used to copy and distribute music in ways that violated copyright law. The Supreme Court addressed the extent to which Grokster and other technology providers should be held …
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
A Constitutional Idea-Expression Doctrine: Qualifying Congress’ Commerce Power When Protecting Intellectual Property Rights., Yavar Bathaee
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.