The E-Books Price Fixing Litigation: Curious Outlier Or Harbinger Of Change In Antitrust Enforcement Policy?,
2014
UC Law SF
The E-Books Price Fixing Litigation: Curious Outlier Or Harbinger Of Change In Antitrust Enforcement Policy?, Evan D. Brewer
UC Law Science and Technology Journal
In 2012 the Department of Justice brought suit against Apple and five major US publishing houses for conspiring to fix the price of e-books. The complaint contained many detailed factual allegations, including the sort of high-level executive collusion commonly seen in criminal price fixing cases. The charged conduct, horizontal price fixing, is per se illegal under the Sherman Act and among the “hardcore” violations that under Antitrust Division policy merit criminal charges. Yet instead the government brought a civil case against Apple and the publishers. This note analyses the details of the Antitrust Division’s case, viewed in light of current …
Three-Parent Ivf And Its Effect On Parental Rights,
2014
UC Law SF
Three-Parent Ivf And Its Effect On Parental Rights, Padmini Cheruvu
UC Law Science and Technology Journal
Three-parent in vitro fertilization (“IVF”) is a controversial procedure that offers the possibility of preventing the inheritance of genetically caused mitochondrial disease, sparing future generations from a range of incapacitating conditions. Due to the use of a controversial form of cloning technology, the procedure is currently banned in both the United Kingdom and the United States. If the procedure was to be made legal in the United States, it is unclear how the states would legally view the donor parent. This note argues that the rights that donor parents in three-parent IVF procedures receive will most likely parallel the rights …
Rise Of The Machines: Machine-Generated Data And The Confrontation Clause,
2014
Barry University
Rise Of The Machines: Machine-Generated Data And The Confrontation Clause, Brian Sites
Faculty Scholarship
No abstract provided.
The Effects That Liquid And Solid Cattle Manure Have On The Water Quality Of Drainage Ditches In Putnam County, Ohio,
2014
Bowling Green State University
The Effects That Liquid And Solid Cattle Manure Have On The Water Quality Of Drainage Ditches In Putnam County, Ohio, Janelle Horstman
Honors Projects
Lake Erie has experienced harmful algal blooms with increased frequency since the mid-1990s due to excess nutrients from Rivers, such as the Maumee River, and largely agricultural watersheds. Nonpoint source pollution from agriculture contributes to eutrophication, algal blooms, and the degradation of water quality. This creates stress on aquatic fauna, reduced aesthetic quality, odor, and limits of the water for usage of drinking, recreation, and industry. This research paper asks what the contributions of having access to manure application records, soil records, and information about antibiotics have on what is known about manure management and antibiotic resistance, which has been …
Holding Up And Holding Out,
2014
Santa Clara University
Holding Up And Holding Out, Colleen V. Chien
Michigan Telecommunications & Technology Law Review
Patent “hold-up” and patent “hold-out” present important, alternative theories for what ails the patent system. Patent “hold-up” occurs when a patent owner sues a company when it is most vulnerable—after it has implemented a technology—and is able wrest a settlement because it is too late for the company to change course. Patent “hold-out” is the practice of companies routinely ignoring patents and resisting patent owner demands because the odds of getting caught are small. Hold-up has arguably predicted the current patent crises, and the ex ante assertion of technology patents whether in the smartphone war, standards, or patent “troll” context. …
After Myriad: Reconsidering The Incentives For Innovation In The Biotech Industry,
2014
University of Michigan
After Myriad: Reconsidering The Incentives For Innovation In The Biotech Industry, Daniel K. Yarbrough
Michigan Telecommunications & Technology Law Review
35 U.S.C. § 101 allows a patent for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Recently, the Supreme Court issued several key decisions affecting the doctrine of patentable subject matter under § 101. Starting with Bilski v. Kappos (2011), and continuing with Mayo Collaborative Services, Inc. v. Prometheus Laboratories (2012), Association for Molecular Pathology v. Myriad Genetics (2013) and, most recently, Alice Corporation Pty. Ltd. v. CLS Bank International (2014), every year has brought another major change to the way in which the Court assesses patentability. In Myriad, the …
Sowing The Seeds Of Protection,
2014
The Catholic University of America, Columbus School of Law
Sowing The Seeds Of Protection, Elizabeth I. Winston
Scholarly Articles
Seeds are chattel. As such, seeds are protectable by the same tapestry of public and private ordering as other forms of chattel. However, the distinguishing characteristic of seeds, their method of propagation, and the history of seeds-traditionally viewed as a public good rather than chatteldistort that tapestry. The model of seed distribution thus needs to be refrained in light of the often disparate interests of innovators, producers, and consumers. As with all chattel, there is no single, correct model for distributing seeds, but law and contract may be woven together to strike a balance.
Response To "Pervasive Sequence Patents Cover The Entire Human Genome",
2014
West Virginia University College of Law
Response To "Pervasive Sequence Patents Cover The Entire Human Genome", Shine Tu, Christopher M. Holman, Adam Mossoff, Ted M. Sichelman, Michael Risch, Jorge L. Contreras, Yaniv Heled, Gregory Dolin, Lee Petherbridge
All Faculty Scholarship
In a widely reported article by Jeffrey Rosenfeld and Christopher Mason published in Genome Medicine, significant misstatements were made, because the authors did not sufficiently review the claims – which define the legal scope of a patent – in the patents they analyzed. Specifically, the authors do not provide an adequate basis for their assertion that 41% of the genes in the human genome have been claimed.
Five Steps To Successfully Developing A Law Practice Technology Course,
2014
Duke Law School
Five Steps To Successfully Developing A Law Practice Technology Course, Femi Cadmus
Faculty Scholarship
No abstract provided.
Sexting And Freedom Of Expression: A Comparative Approach,
2014
University of Louisville, Louis D. Brandeis School of Law
Sexting And Freedom Of Expression: A Comparative Approach, Joanne Sweeny
Kentucky Law Journal
No abstract provided.
Redesigning The Science Court,
2014
University of Maryland Francis King Carey School of Law
Redesigning The Science Court, Justin Sevier
Maryland Law Review
No abstract provided.
How Real Is The Concern That Seed Patents Will Turn Farmers Into Inadvertent Infringers?,
2014
University of Missouri - Kansas City, School of Law
How Real Is The Concern That Seed Patents Will Turn Farmers Into Inadvertent Infringers?, Christopher M. Holman
Faculty Works
The fear that farmers could be found liable for patent infringement based on the inadvertent presence of patented genetically modified plants on the farmer’s fields has led to calls for limitations on the scope and enforceability of patents. These “reforms” would be especially problematic for agricultural biotechnology companies like Monsanto, but the repercussions could be more widespread, impacting a host of important cutting-edge technologies like synthetic biology and nanotechnology. Although stories of farmers being sued by Monsanto after their fields where inadvertently contaminated by genetic drift are widely circulated, inadvertent infringement based upon genetic drift or the presence of trace …
Masthead,
2014
Case Western Reserve University School of Law
Masthead, Volume 5 Issue 1 (2014)
Journal of Law, Technology, & the Internet
No abstract provided.
Volume 5 (2014),
2014
Case Western Reserve University School of Law
Volume 5 (2014), Case Western Reserve Journal Of Law, Technology & The Internet
Journal of Law, Technology, & the Internet
No abstract provided.
Use Of Technology Transfers To Promote Domestic Innovation Of Climate Change Technologies In China,
2014
Case Western Reserve University School of Law
Use Of Technology Transfers To Promote Domestic Innovation Of Climate Change Technologies In China, Ankit Patel
Journal of Law, Technology, & the Internet
No abstract provided.
Using Egg Freezing To Extend The Biological Clock: Fertility Insurance Or False Hope?,
2014
Barry University
Using Egg Freezing To Extend The Biological Clock: Fertility Insurance Or False Hope?, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation,
2014
University of Maryland Francis King Carey School of Law
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Journal of Business & Technology Law
No abstract provided.
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment,
2014
University of Maryland Francis King Carey School of Law
Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide
Journal of Business & Technology Law
No abstract provided.
Maryland's Social Networking Law: No "Friend" To Employers And Employees,
2014
University of Maryland Francis King Carey School of Law
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Journal of Business & Technology Law
No abstract provided.
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers,
2014
University of Maryland Francis King Carey School of Law
Intellectual Property Issues In The Network Cloud: Virtual Models And Digital Three-Dimensional Printers, Darrell G. Mottley
Journal of Business & Technology Law
No abstract provided.
