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 811 - 840 of 871
Full-Text Articles in Intellectual Property Law
The Doctrine Of Equivalents Into The Year 2000: The Line Is Becoming Brighter For Some But Remains Dim For Others, William T. Kryger
The Doctrine Of Equivalents Into The Year 2000: The Line Is Becoming Brighter For Some But Remains Dim For Others, William T. Kryger
Marquette Intellectual Property Law Review
Under the holding of Warner-Jenkinson Co. v. Hilton-Davis Chemical Co., a court will not limit an inventor to the sole remedy of literal infringement. The inventor may also rely on the "doctrine of equivalents," which permits finding of infringement if there is equivalence between the elements of the accused product and the claimed elements of the patented invention. With this backdrop, Mr. Kryger analyzes the courts' struggle in developing a bright-line rule to protect patentees from piracy and fraud on their patents. Mr. Kryger first chronicles the evolution of the doctrine of equivalents through caselaw, particularly Graver Tank v. Linde …
Deserved Deference: Reconsidering The De Novo Standard Of Review For Claim Construction, M. Reed Staheli
Deserved Deference: Reconsidering The De Novo Standard Of Review For Claim Construction, M. Reed Staheli
Marquette Intellectual Property Law Review
Markman v. Westview Instruments, Inc. (Markman II) concluded that patent claim construction is "exclusively within the province of the court," not the jury. However, it did not mention the appropriate standard for appellate review of claim construction, and the Federal Circuit has disagreed on the proper standard of review. As such, Mr. Staheli examines the evidentiary principles of claim construction adopted by the Federal Circuit and explores the inherent reliance a court places upon technical evidence when interpreting a complex claim, focusing on the factual disputes and determinations of credibility that result from a dependence on technical evidence. After a …
Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.
Notes On Trademark Monopolies, Wendy J. Gordon, Glynn S. Lunney Jr.
Scholarship Chronologically
Since 1742, when Lord Hardwicke seemingly equated trademark protection with monopoly in one of the first trademark cases, until the mid- 1950s, concerns that trademarks represented a form of illegitimate monopoly effectively constrained the growth of trademark protection. In the twentieth century, Edward Chamberlain became the leading proponent of the trademark as monopoly view with the publication of his work, The Theory of Monopolistic Competition, in 1933. In his work, Chamberlain argued that a trademark enabled its owner to differentiate her products and then to exclude others from using the differentiating feature. By doing so, trademark protection can effectively …
When Is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson
When Is Property Intellectual: The Leveraging Problem Essays, Mark R. Patterson
Faculty Scholarship
Patents and copyrights protect inventions and expression; they do not protect products. This distinction, I argue in this essay, is a key to the antitrust problem of the "leveraging" of intellectual property. In a typical leveraging case, the manufacturer of a durable good, like a copier or computer, refuses to sell replacement parts for its equipment unless the purchaser also hires the manufacturer to service the equipment. Such a practice can be illegal under antitrust law, but when the leveraging products-in this example, replacement parts-are protected by patent or copyright, the manufacturer will often claim that the leveraging is a …
In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer
In Vento Scribere: The Intersection Of Cyberspace And Patent Law, Max Oppenheimer
All Faculty Scholarship
No abstract provided.
Left To One’S Devices: Congress Limits Patents On Medical Procedures, Brett G. Alten
Left To One’S Devices: Congress Limits Patents On Medical Procedures, Brett G. Alten
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Patent Claim Interpretation After Markman: How The Federal Circuit Interprets Claims , John M. Romary, Arie M. Michelson
Patent Claim Interpretation After Markman: How The Federal Circuit Interprets Claims , John M. Romary, Arie M. Michelson
American University Law Review
No abstract provided.
1996 Patent Law Decisions Of The Federal Circuit , Michael L. Leetzow, Jeffrey A. Berkowitz, Kenneth E. Horton, Robert L. Burns, Lionel M. Levenue, Maria L. Maebius
1996 Patent Law Decisions Of The Federal Circuit , Michael L. Leetzow, Jeffrey A. Berkowitz, Kenneth E. Horton, Robert L. Burns, Lionel M. Levenue, Maria L. Maebius
American University Law Review
No abstract provided.
The Future Of Information Commerce Under Contemporary Contract And Copyright Principles , Stephen P. Tarolli
The Future Of Information Commerce Under Contemporary Contract And Copyright Principles , Stephen P. Tarolli
American University Law Review
No abstract provided.
Do Your Means Claims Mean What You Meant?, Jeffery N. Costakos, Walter E. Zimmerman
Do Your Means Claims Mean What You Meant?, Jeffery N. Costakos, Walter E. Zimmerman
Marquette Intellectual Property Law Review
The authors review recent decisions of the United States Court of Appeals for the Federal Circuit concerning "means claims" in order to provide practical guidelines and reduce the confusion surrounding 35 U.S.C. § 112 ¶ 6.
Rethinking Remedies At The Intersection Of Intellectual Property And Contract: Toward A Unified Body Of Law, Maureen A. O'Rourke
Rethinking Remedies At The Intersection Of Intellectual Property And Contract: Toward A Unified Body Of Law, Maureen A. O'Rourke
Faculty Scholarship
As society continues to move "on-line"' and technology advances in fields such as biotechnology, a paradigm shift is occurring. Investors are focusing less on asset valuations based on the physical goods owned by a particular firm and more on the value of intangibles-the information and know-how possessed by the firm and embodied in its intellectual property rights. Firms and even entire industries have grown up with the primarily paper assets of patents and copyrights.
Impact Of The Human Genome Project At The Interface Between Patent And Fda Laws, Brian C. Cunningham
Impact Of The Human Genome Project At The Interface Between Patent And Fda Laws, Brian C. Cunningham
RISK: Health, Safety & Environment (1990-2002)
Mr. Cunningham stresses the broad scope of biotechnological innovations. Besides endorsing the need for a new oversight commission to deal with potential social issues, he suggests, for example, that some products should be treated like biologics rather than new drugs.
Development Of Vaccines To Meet Public Health Needs: Incentives And Obstacles, Phillip K. Russell
Development Of Vaccines To Meet Public Health Needs: Incentives And Obstacles, Phillip K. Russell
RISK: Health, Safety & Environment (1990-2002)
Dr. Russell explains how such matters as high 'costs of regulation, lack of an effective plan for delivery (particularly abroad) and politics can interfere with providing globally needed vaccines.
Assertive Modesty: An Economics Of Intangibles, Wendy J. Gordon
Assertive Modesty: An Economics Of Intangibles, Wendy J. Gordon
Faculty Scholarship
At the center of our Symposium stand two papers: "A Manifesto Concerning the Legal Protection of Computer Programs" (Manifesto) and "Legal Hybrids: Between the Patent and Copyright Paradigms" (Legal Hybrids). Both are stimulating. Both are lengthy. As a result, my primary role is that of a guide: this Comment will summarize the authors' proposals, analyze certain aspects in greater detail, and outline their explicit and implicit methodologies. Part I of the Comment describes the papers' positions and methodologies. Part II highlights some of the papers' many contributions to the literature, and offers some other evaluative observations.
Biotechnology Process Patents: Is Special Legislation Needed?, Timothy P. Linkkila, Timothy E. Tracy
Biotechnology Process Patents: Is Special Legislation Needed?, Timothy P. Linkkila, Timothy E. Tracy
RISK: Health, Safety & Environment (1990-2002)
The authors review administrative and court decisions prompting proposed changes to the patent law. After reviewing pros and cons, they argue that, on balance, pending bills can easily cause more problems than they solve.
Overview Of Potential Intellectual Property Protection For Biotechnology, Kate H. Murashige
Overview Of Potential Intellectual Property Protection For Biotechnology, Kate H. Murashige
RISK: Health, Safety & Environment (1990-2002)
Dr. Murashige compares the function and value of copyright, patent and trade secret laws in recovering investments in developing genome-related biotechnology.
Technology Transfer And The Genome Project: Problems With Patenting Research Tools, Rebecca S. Eisenberg
Technology Transfer And The Genome Project: Problems With Patenting Research Tools, Rebecca S. Eisenberg
RISK: Health, Safety & Environment (1990-2002)
Professor Eisenberg argues against a system providing for federally-sponsored inventions to be patented if any associated person so desires. She believes that the system does not adequately weigh the possibility that the greatest social return from genome research will require some discoveries to be in the public domain.
Patenting Life In The European Community: The Proposed Directive On The Legal Protection For Biotechnological Inventions, Janice Mccoy
Patenting Life In The European Community: The Proposed Directive On The Legal Protection For Biotechnological Inventions, Janice Mccoy
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Arbitration Of Patent Disputes: An Important Option In The Age Of Information Technology, Karl P. Kilb
Arbitration Of Patent Disputes: An Important Option In The Age Of Information Technology, Karl P. Kilb
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Eec Licensing Of Intellectual Property, Valentine Korah
Eec Licensing Of Intellectual Property, Valentine Korah
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
International Patent Law Developments, Harold C. Wegner
International Patent Law Developments, Harold C. Wegner
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Commentary, William T. Fryer, Iii
Panel Commentary, William T. Fryer, Iii
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Gatt And Nafta Provisions On Intellectual Property, Emery Simon
Gatt And Nafta Provisions On Intellectual Property, Emery Simon
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Patent And Trademark Developments In The European Community, Oreste Montalto
Patent And Trademark Developments In The European Community, Oreste Montalto
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Panel Commentaries, S. Leslie Misrock, Oreste Montalto, Harold C. Wegner
Panel Commentaries, S. Leslie Misrock, Oreste Montalto, Harold C. Wegner
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trips Component Of The Gatt’S Uruguay Round: Competitive Prospects For Intellectual Property Owners In An Integrated World Market, J.H. Reichman
The Trips Component Of The Gatt’S Uruguay Round: Competitive Prospects For Intellectual Property Owners In An Integrated World Market, J.H. Reichman
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
International Aspects Of Patent Protection For Biotechnology, John Richards
International Aspects Of Patent Protection For Biotechnology, John Richards
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
[Introduction] The Science Court Is Dead - Long Live The Science Court, Thomas G. Field
[Introduction] The Science Court Is Dead - Long Live The Science Court, Thomas G. Field
RISK: Health, Safety & Environment (1990-2002)
[Excerpt] "It is a pleasure to introduce this symposium issue with its range of current thoughts about what Arthur Kantrowitz invented a little over twenty-five years ago and has since come to be known as the "Science Court." The pleasure is enhanced by being able to include papers by Dr. Kantrowitz, Allan Mazur (who worked closely with him), Carl Cranor, Itzhak Jacoby and Sheila Jasanoff - as well as an extensive list of citations to other discussions. In approaching these papers, readers may find it helpful to consider what Kantrowitz invented, he and others have attempted to improve, and the …
The Realities Of Our Times: The Semiconductor Chip Protection Act Of 1984 And The Evolution Of The Semiconductor Industry, John G. Rauch
The Realities Of Our Times: The Semiconductor Chip Protection Act Of 1984 And The Evolution Of The Semiconductor Industry, John G. Rauch
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Process Patents Amendments Act: The Labyrinth, David L. Hitchcock, Craig Allen Nard
The Process Patents Amendments Act: The Labyrinth, David L. Hitchcock, Craig Allen Nard
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.