Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication Year
- Publication Type
Articles 151 - 174 of 174
Full-Text Articles in Science and Technology Law
Software Patents Under 35 U.S.C. Sec. 271(F): Should Congress Amend Sec. 271 To Harmonize Protection Between Tangible And Intangible Inventions, Robert A. Mcfarlane, Timothy V. Fisher
Software Patents Under 35 U.S.C. Sec. 271(F): Should Congress Amend Sec. 271 To Harmonize Protection Between Tangible And Intangible Inventions, Robert A. Mcfarlane, Timothy V. Fisher
UC Law Science and Technology Journal
U.S. Patent laws presumptively apply only to acts committed within this country. Congress has, however, imposed liability for domestic patent infringement based on actions taken, or at least completed, outside the United States. For example, Congress added § 271(f) to the patent statues in 1984 to impose liability for the unauthorized exportation of components of patented inventions to be assembled abroad, even where no infringing acts are completed in the United States. Courts' varying application of § 271(f) to patented inventions in various fields led to inconsistent protections across different technologies. The current article explores this asymmetry in patent protection, …
Concerns Associated With Expanding Dna Databases, Candice Roman-Santos
Concerns Associated With Expanding Dna Databases, Candice Roman-Santos
UC Law Science and Technology Journal
The establishment of DNA databases has been and continues to be a source of controversy. Proponents of DNA databases argue that it supports a discipline that does not rely on subjective judgments and interpretations, and expanding DNA databases will not only help to solve more crimes but also exonerate innocent people who have been wrongly convicted, ultimately reducing the need to reverse previous miscarriages of justice. Opponents of DNA databases, on the other hand, argue that there is a risk of DNA being used to the exclusion of material that might prove the innocence of the suspect. Also, the fact …
The Role Of The Subconscious In Intellectual Property Law, Robin Feldman
The Role Of The Subconscious In Intellectual Property Law, Robin Feldman
UC Law Science and Technology Journal
Human behavior stems from a fascinating tangle of conscious and subconscious impulses. Issues resulting from this combination can become relevant in a wide variety of legal contexts, including choosing where to place a burden or whom to hold liable. These nuances are particularly important in intellectual property, as much of it stems from the human mind as it interacts with the natural world as well as previous creations. This piece will consider how Intellectual Property law handles subconscious impulses on the part of participants in the system. Looking at examples from Copyright, Trade Secret, and Patent law, this Article argues …
Is Intellectual Property A Hurdle For Transferring Technology To Developing Countries - If So, How High Or A Hurdle, Cecily Anne O'Regan
Is Intellectual Property A Hurdle For Transferring Technology To Developing Countries - If So, How High Or A Hurdle, Cecily Anne O'Regan
UC Law Science and Technology Journal
It might appear that intellectual property protection has a positive impact on a country's economic development. According to Professor Franqois Dessemontet, "there is a strong correlation between the rate of patents sought by enterprise and the general level of economic developments." However, it would be arrogant to presume that a one-size-fits-all approach toward intellectual property protection would work for developing countries. In fact, as noted by Sir Hugh Laddie, "[flor too long intellectual property rights have been regarded as food for the rich countries and poison for poor countries ... Poor countries may find them useful provided they are accommodated …
Reach-Through Rights And The Patentability, Enforcement, And Licensing Of Patents On Drug Discovery Tools, Alfred C. Server, Nader Mousavi, Jane M. Love
Reach-Through Rights And The Patentability, Enforcement, And Licensing Of Patents On Drug Discovery Tools, Alfred C. Server, Nader Mousavi, Jane M. Love
UC Law Science and Technology Journal
A novel, nonobvious Discovery Tool and its use can be the subject of valid patent claims, but patent claims that reach through to cover as-of-yet-undiscovered drug products generally fail to meet the written description and enablement requirements of 35 U.S.C. § 112. Notwithstanding the Supreme Court's broad reading of the scope of the statutory exemption to infringement-under 35 U.S.C. § 271(e)(1)-in Merck v. Integra, and the occasionally misapplied common law experimental use exception, valid claims to Discovery Tools and their use are enforceable against unauthorized users. This article analyzes the legality of one form of compensation occasionally sought by Discovery …
The Patent Prosecution Highway: Is Life In The Fast Lane Worth The Cost, Alicia Pitts, Joshua Kim
The Patent Prosecution Highway: Is Life In The Fast Lane Worth The Cost, Alicia Pitts, Joshua Kim
UC Law Science and Technology Journal
Globalization has led to a rapid increase in the number of patent applications filed in the United States and abroad. In response, individual patent offices have introduced preliminary programs to share the workload and reduce redundancy, giving rise to the "patent prosecution highway." Setting grandiose visions aside, the patent prosecution highway is generally failing. This article examines the strengths and weakness of the patent prosecution highway and suggests some methods through which the highway should be navigated and used as part of a global patent strategy.
Of Babies And Bathwater - The Impact Of In Re Bilski On Life Science Patents, Michael J. Shuster, Juleen Konkell
Of Babies And Bathwater - The Impact Of In Re Bilski On Life Science Patents, Michael J. Shuster, Juleen Konkell
UC Law Science and Technology Journal
Tension between the broad language of 35 U.S.C. § 101 and limitations of its scope is an emerging issue in recent court decisions attempting to resolve the issue of whether patent claims preempt a natural phenomenon. These decisions significantly impact the patentability of personalized medicine inventions that rely on discovery of correlations between biomarkers and the safety and efficacy of therapeutic treatment in an individual. While a "business methods" case, the Federal Circuit's In re Bilski decision may have a profound impact on medical diagnostics and personalized medicine patents by altering the ability of personalized medicine companies to protect the …
A Better Carrot Incentivizing Patent Reexamination, James W. Beard
A Better Carrot Incentivizing Patent Reexamination, James W. Beard
UC Law Science and Technology Journal
Patent reexamination provides a potentially powerful alternative to full invalidity litigation, but it has been underutilized because of deficiencies in the patent reexamination system. The system's appeal as an alternative to invalidity litigation is greatly diminished by constraints on forms of evidence and grounds for invalidity, the limited potential for challengers to participate in the process, and the significant risk a challenger takes in pursuing patent reexamination. While reforms have been proposed, most have focused on enlarging the procedure within the context originally established by Congress. Although such reforms may be important, they do not address the central obstacle to …
Exceeding The Scope Of The Patent: Solving The Reserve Payment Settlement Problem Through Antitrust Enforcement And Regulatory Reform, William J. Newsom
Exceeding The Scope Of The Patent: Solving The Reserve Payment Settlement Problem Through Antitrust Enforcement And Regulatory Reform, William J. Newsom
UC Law Science and Technology Journal
Reverse payment settlements in pharmaceutical patent litigation, also known as "pay for delay" settlements, are almost universally anticompetitive. Nonetheless, because of the current regulatory framework and a failure of courts to address the definition of patent scope, many of these settlements are upheld as legal, falling under a patent "exception" to antitrust liability. The patent "exception", however, does not apply to pay-for-delay settlements, because paying to protect a patent is inherently beyond the scope of that patent. This note addresses the problem of reverse payment settlements and proposes a new comprehensive solution.
Ksr Fallout: Questions Of Law Based On Findings Of Fact And The Continuing Problem Of Hindsight Bias, Adam Powell
Ksr Fallout: Questions Of Law Based On Findings Of Fact And The Continuing Problem Of Hindsight Bias, Adam Powell
UC Law Science and Technology Journal
The KSR v. Teleflex decision marked the Supreme Court's first significant return to the issue of "obviousness" in over four decades. While KSR may make it easier to invalidate a patent by a finding of obviousness, it is unclear how lower courts will implement the decision. The resulting uncertainty presents an opportunity to rethink the jury's role in an obviousness determination. This note discusses current model jury instructions and jury verdict forms, the jury's continuing role in obviousness decisions, and how new jury instructions that conform to KSR's standards can aid lower courts in addressing a jury's use of hindsight.
Historic Perspectives On Law & Science, Robin Feldman
Historic Perspectives On Law & Science, Robin Feldman
Faculty Scholarship
No abstract provided.
Law's Misguided Love Affair With Science, Robin Feldman
Law's Misguided Love Affair With Science, Robin Feldman
Faculty Scholarship
No abstract provided.
Judges As "Amateur Scientists", David L. Faigman
Judges As "Amateur Scientists", David L. Faigman
Faculty Scholarship
No abstract provided.
Making Moral Judgments Through Behavioural Science: The "Substantial Lack Of Volitional Control" Requirement In Civil Commitments, David L. Faigman
Making Moral Judgments Through Behavioural Science: The "Substantial Lack Of Volitional Control" Requirement In Civil Commitments, David L. Faigman
Faculty Scholarship
No abstract provided.
Considerations On The Emerging Implementation Of Biometric Technology, Robin Feldman
Considerations On The Emerging Implementation Of Biometric Technology, Robin Feldman
Faculty Scholarship
No abstract provided.
The Tipping Point In The Law's Use Of Science: The Epidemic Of Scientific Sophistication That Began With Dna Profiling And Toxic Torts, David L. Faigman
The Tipping Point In The Law's Use Of Science: The Epidemic Of Scientific Sophistication That Began With Dna Profiling And Toxic Torts, David L. Faigman
Faculty Scholarship
No abstract provided.
Embracing The Darkness: Logerquist V. Mcvey And The Doctrine Of Ignorance Of Science Is An Excuse, David L. Faigman
Embracing The Darkness: Logerquist V. Mcvey And The Doctrine Of Ignorance Of Science Is An Excuse, David L. Faigman
Faculty Scholarship
No abstract provided.
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
The Law's Scientific Revolution: Reflections And Ruminations On The Law's Use Of Experts In Year Seven Of The Revolution, David L. Faigman
Faculty Scholarship
No abstract provided.
Truth, With A Small "T", David L. Faigman
The Battered Woman Syndrome In The Age Of Science, David L. Faigman, Amy J. Wright
The Battered Woman Syndrome In The Age Of Science, David L. Faigman, Amy J. Wright
Faculty Scholarship
No abstract provided.
The Discovery Confidentiality Controversy, Richard L. Marcus
The Discovery Confidentiality Controversy, Richard L. Marcus
Faculty Scholarship
No abstract provided.
Discovery Along The Litigation/Science Interface, Richard L. Marcus
Discovery Along The Litigation/Science Interface, Richard L. Marcus
Faculty Scholarship
No abstract provided.
To Have And Have Not: Assessing The Value Of Social Science To The Law As Science And Policy, David L. Faigman
To Have And Have Not: Assessing The Value Of Social Science To The Law As Science And Policy, David L. Faigman
Faculty Scholarship
No abstract provided.
Limitations On The Uses Of Behavioral Science In The Law, Geoffrey C. Hazard Jr.
Limitations On The Uses Of Behavioral Science In The Law, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.