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Articles 841 - 870 of 871
Full-Text Articles in Intellectual Property Law
Staying Patent Validity Litigation Pending Reexamination: When Should Courts Endeavor To Do So, Steven M. Auvil
Staying Patent Validity Litigation Pending Reexamination: When Should Courts Endeavor To Do So, Steven M. Auvil
Cleveland State Law Review
This note will discuss the circumstances under which it is appropriate for a court to exercise its authority to stay patent validity litigation pending reexamination of the patent-in-suit. The question must be analyzed with due regard to the unique relationship that exists between Patent Office reexamination and district court litigation. As a point of departure, the note explains the substance and procedure of statutory reexamination. Secondly, it will discuss the possible effects that reexamination may have on concurrent litigation in a district court. Thirdly, the note will examine the discernible factors that courts have considered in deciding whether to suspend …
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
"Conditional" Functionality: The New Standard For Evaluating "Aesthetic" Functionality Established By The Second Circuit In Wallace International Silversmiths, Inc. V. Godsinger Silver Art Co., Mark I. Peroff, Nancy J. Deckinger
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
The Trademark Protection Of Advertising Slogans: A Modern Perspective, Evynne Grover
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller
Heads I Win, Tails You Lose: A Study Of Antitrust Jurisprudence In The Federal Circuit, Steven W. Heller
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Brief Amicus Curiae Of The Taxpayers Asset Project Of The Center For Study Of Responsive Law In Support Of Petitioners, Genetics Institute, Inc., Et. Al. V. Amgen Inc., 502 U.S. 856 (1991), Michael H. Davis
Law Faculty Briefs and Court Documents
Although a patent appears to be a private right, that private right is only "secondary," as this Court has stated, to the public bargain of which it is but a part. The focus must always be whether the public has received full information about the nature of the invention so that future inventors may reuse and improve it. The decision below reflects a failure to recognize the patent's monopoly nature and as a result abandons the "best mode" rule forbidding the inventor form concealing the best way of replicating the invention. By turning the subjective test of "best mode" into …
The Role Of Technologically Trained Corporate Lawyers In Managing Risk, Homer O. Blair
The Role Of Technologically Trained Corporate Lawyers In Managing Risk, Homer O. Blair
RISK: Health, Safety & Environment (1990-2002)
An explanation of what technologically-trained lawyers ordinarily do as corporate employees. Lawyers with such training, while not members of the "public," have traditionally played a very small role in dealing with safety issues. It is strongly urged that they may be of great help in preventing harm which would be expensive, at best, to redress.
The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry
The Rejection Of Executory Contracts Under The Intellectual Property Bankruptcy Protection Act Of 1988, John J. Fry
Cleveland State Law Review
In October of 1988, Congress enacted the Intellectual Property Bankruptcy Protection Act. The Act is intended to "promote the development and licensing of intellectual property by providing certainty to licensees in situations where the licensor files bankruptcy and seeks to reject the license as an executory contract by providing the licensee an "assurance of being able to continue to use the licensed intellectual property after rejection, while debtors/licensors will still be able to free themselves of burdensome obligations." The Act adds a new subsection to 11 U.S.C. §365 which allows the licensee of intellectual property under an executory contract to …
Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht
Umc Electronics V. United States: Should Reduction To Practice Be A Requirement Of The On Sale Bar?, Michael R. Schacht
Seattle University Law Review
This Note asserts that the UMC Electronics v. United States court's "all circumstances" test cannot be consistently applied and does not satisfy the policies underlying the bar. Therefore, a test is proposed that distinguishes between an offer to sell an invention and the actual sale of an invention. In developing the test, this Note will first explain the policies that underly the on sale bar and review the past application of the bar. Second, the UMC case will be examined and its facts and holding explained. Third, the panel majority's conclusion that a reduction to practice has not been, and …
Hindering The Progress Of Science: The Use Of The Patent System To Regulate Research On Genetically Altered Animals, Robert B. Kambic
Hindering The Progress Of Science: The Use Of The Patent System To Regulate Research On Genetically Altered Animals, Robert B. Kambic
Fordham Urban Law Journal
This Note considers whether genetically altered animals should be protected by patents and discusses the ramifications of a congressionally imposed moratorium on the issuance of animal patents. The Note discusses the purpose of the patent system and analyzes case law concerning patents on living organisms, examines the controversy surrounding the patenting of altered animals, and contains a discussion of the PTO's role in issuing an ethically controversial patent. The Note concludes that the PTO was correct in determining that genetically altered animals are patentable subject matter.
Trade Regulations In International Transfer Of Technology Agreements: A Comparative View Of National And International Legal Provisions, Franz-Martin Wolff
Trade Regulations In International Transfer Of Technology Agreements: A Comparative View Of National And International Legal Provisions, Franz-Martin Wolff
LLM Theses and Essays
This LL.M. thesis provides a comprehensive comparative analysis of national and international legal frameworks governing the regulation of international transfer of technology agreements, set against the backdrop of the stalled UNCTAD negotiations on a Draft International Code of Conduct on the Transfer of Technology. The work examines the role of national patent systems under the Paris Convention, analyzes proposed modifications — including preferential treatment for Developing Countries — and evaluates the adverse effects of monopolistic rights granted under patent laws. Key topics include antitrust regulation in the United States (Sherman Act per se violations and rule of reason), the European …
The Copyright Monopoly After Sony Corp. Of America V. Universal City Studios, Inc.
The Copyright Monopoly After Sony Corp. Of America V. Universal City Studios, Inc.
Touro Law Review
No abstract provided.
An Economic Analysis Of Royalty Terms In Patent Licenses, Michael J. Meurer
An Economic Analysis Of Royalty Terms In Patent Licenses, Michael J. Meurer
Faculty Scholarship
Efficient exploitation of a patent often requires patentees to license users of their inventions. The courts, on the other hand, have proscribed many forms of license agreements and discouraged patent licensing in general, thereby diminishing the efficacy of the patent system as a stimulus to R & D. This negative attitude is attributable to fears that licensing will be used to protect invalid patents and secure illegitimate extensions of monopoly power. Part I of this Note reviews judicial treatment of certain royalty terms in patent licenses, describing the restraints the courts have imposed on the freedom of patentees to license …
General Motors Corporation V. Devex Corp., Lewis F. Powell Jr.
General Motors Corporation V. Devex Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Notes On Misc Re Contract - 1981, Wendy J. Gordon
Notes On Misc Re Contract - 1981, Wendy J. Gordon
Scholarship Chronologically
Once there is a patent, voluntarily-accepted user restrictions may not be enforceable. Or, at least, an attempt on the patentee's part to condition access of certain types on obtaining such restrictions, may be impossible. See 30 BNA PTCJ 104 (5/30/85)(Restrictions voided on availability of deposited yeast strains.) Filed under Yeast case.
Lecture Draft On Sensory Recall Device - 1980, Wendy J. Gordon
Lecture Draft On Sensory Recall Device - 1980, Wendy J. Gordon
Scholarship Chronologically
Perception is a bodily function. The brain “sees” according to the orders which the optic nerve relays from its position at the back of the eye. Similarly, it is the brain which also "hears." As we know from our dreaming and our remembering, neither eye nor ear is indispensable to having the sensations of seeing and hearing.
Dawson Chemical Co. V. Rohm & Haas Co., Lewis F. Powell Jr.
Dawson Chemical Co. V. Rohm & Haas Co., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Aronson V. Quick Point Pencil Company, Lewis F. Powell Jr.
Aronson V. Quick Point Pencil Company, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Glaxo Group Ltd., Lewis F. Powell Jr.
United States V. Glaxo Group Ltd., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Deepsouth Packing Co. V. Laitram Corp., Lewis F. Powell Jr.
Deepsouth Packing Co. V. Laitram Corp., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
"Related" Claims Of Unfair Competition And Patent Infringement - River Brand Rice Mills, Inc. V. General Foods Corp.
Maryland Law Review
No abstract provided.
Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review
Tying Arrangement With Trademark As The Tying Item Is Not A Per Se Violation Of The Antitrust Laws-Susser V. Carvel Corp., Michigan Law Review
Michigan Law Review
Several independent franchised soft ice-cream outlets brought suit for treble damages against Carvel Corporation, the franchising company, alleging that the contract between them constituted an illegal tying arrangement in violation of section 3 of the Clayton Act and sections 1 and 2 of the Sherman Act. The contract bound the dealers to purchase from Carvel-appointed suppliers all commodities sold as part of the retail dairy composite. Plaintiffs stipulated that they would rely on per se violations at trial. The district court found that the plaintiffs had failed to show the alleged violations and, in any case, the defendant had proved …
Know-How Licensing And The Antitrust Laws, David R. Macdonald
Know-How Licensing And The Antitrust Laws, David R. Macdonald
Michigan Law Review
The purpose of this article is to re-analyze the present antitrust status of know-how licensing for the purpose of clarifying the extent of the protection which the exploiter of know-how may accord himself without abusing the public interest in unfettered competition.
Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr.
Patents-Procedure-Applicability Of Invention Secrecy Act Where Government Use Of Invention Is Authorized, Thomas G. Dignan Jr.
Michigan Law Review
After extended negotiations, plaintiff entered into a contract with the United States for the development of a new model "hemisphere sight," a mock-up of which plaintiff had previously revealed to the Air Force. Acting upon a request by the Air Force, the Commissioner of Patents issued a secrecy order on the gun sight pursuant to provisions of the Invention Secrecy Act, thus preventing the issuance of a patent to the plaintiff. In order for the United States to have a second source of supply for the sights, the plaintiff revealed its engineering information to another manufacturer upon governmental request to …
Book Reviews, Kurt L. Hanslowe, Boaz Siegel, Walter J. Derenberg, David S. Stern, B. J. George
Book Reviews, Kurt L. Hanslowe, Boaz Siegel, Walter J. Derenberg, David S. Stern, B. J. George
Journal of Legal Education
No abstract provided.
Enforcement Of Intellectual Property Rights, Albert R. Teare
Enforcement Of Intellectual Property Rights, Albert R. Teare
Cleveland State Law Review
Wrongful use or appropriation of the property of another is a tort. The owner of a patent has a remedy by civil action for infringement of his patent, and the District Courts of the United States have original jurisdiction of any civil action arising under any act of Congress relating to patents, trademarks and copyrights.
Vaughan: The United States Patent System, Arthur M. Smith
Vaughan: The United States Patent System, Arthur M. Smith
Michigan Law Review
A Review of The United States Patent System. By Floyd L. Vaughan.
Regulation Of Business - Patents - Effect Of Section 271 On The Doctrine Of Contributory Infringement, Robert W. Steele S.Ed.
Regulation Of Business - Patents - Effect Of Section 271 On The Doctrine Of Contributory Infringement, Robert W. Steele S.Ed.
Michigan Law Review
Prior to 1952 the judiciary had sole control of questions involving the infringement of patents. The courts evolved their own concepts and rules of interpretation without legislative guidance. The Patent Act of 1952 marked a radical departure from this policy. Section 271 of the new patent act is an attempt on the part of Congress to codify the doctrine of contributory infringement. Prior to the enactment of this section there was considerable doubt as to the scope of this doctrine and even as to its continued existence. Supreme Court recognition of the defense of patent misuse appears to have diluted …
Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue
Federal Employee Invention Rights - Time To Legislate, Marcus B. Finnegan, Richard W. Pogue
Michigan Law Review
It is the purpose of this article to review judicial standards applicable to the determination of rights in inventions made by employees of the federal government, to note statutory provisions affecting the problem, to examine the content and effect of the present Executive program for determining such rights, to review and evaluate two fundamental and conflicting theories in this field, and to propose legislation establishing appropriate standards and procedures. This topic is believed to have general interest because, in addition to the urgencies suggested above, the problem touches some of the basic legal philosophy underlying the United States patent system.
Patents - The Changing Standard Of Patentable Invention: Confusion Compounded, John M. Webb S.Ed.
Patents - The Changing Standard Of Patentable Invention: Confusion Compounded, John M. Webb S.Ed.
Michigan Law Review
In Lyon v. Bausch and Lomb Optical Co., Judge Learned Hand carefully analyzed the problem and took the position that Congress intended to modify the standard then applied by the Supreme Court and revive that used twenty-five years ago. He stated that under recent Supreme Court decisions he would be compelled to find the patent invalid, but upheld it on the basis of his interpretation of the new statute. This comment is directed not only to Judge Hand's interpretation, but also to the effect that his decision has had, and may be expected to have in the future, both …