I. INTRODUCTION

In recent years, the Federal Trade Commission (FTC) has closely scrutinized "reverse payment" patent settlements in which brand-name drug manufacturers make payments to generic manufacturers. The FTC is concerned that such settlements harm consumers by delaying the market entry of...   MORE>>

When there is a choice between settlement and litigation, most would agree that a negotiated settlement is in everyone’s best interest. However, when two or more competitors reach an agreement, the logical question would be whether the agreement is in the public’s best interest. Congress institu...   MORE>>

Introduction

The protection of intellectual property rights in developing countries has been problematic since the genesis of the international system in the nineteenth century. From the moment a select group of European countries concluded a multilateral agreement for the protection of industria...   MORE>>

I. INTRODUCTION

In this article we address the challenges in presenting highly technical issues to a judge or a jury, and we specifically address the challenges inherent in litigating patent infringement cases. First, we discuss why it is so challenging to communicate the facts, theories, and arg...   MORE>>

I. INTRODUCTION

Most of us have business clients who advertise their goods or services. Suppose one day next week one of your clients calls and advises you that her business has been sued by a competitor who claims to have been tortiously injured as a result of your client’s trademark infringem...   MORE>>

On October 30, 2008, the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) issued a decision that has potentially significant implications for innovation in many fields, but particularly in the online commerce and the software industry. Indeed, with the issuance of In re...   MORE>>

ABSTRACT

In exchange for granting inventors a limited monopoly, the patent laws require inventors to “enable” the public to make and use their invention. In Liebel-Flarsheim Co. v. Medrad, Inc., Automotive Technologies International, Inc. v. BMW of North America, Inc., and Sitrick v. Dreamwor...   MORE>>

ABSTRACT

After decades of volatile treatment, patent pools have gained traction with U.S. antitrust enforcement agencies. In 1995, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) published guidelines that identified numerous procompetitive benefits of intellectual property ...   MORE>>

“[T]he trajectories of culture, economics and technology have reached a point where a distinction between idea and machine can no longer be sustained; where no bulwark of logic, but only the mist of undecidability, separates E=mc² from the light bulb.”

I. INTRODUCTION

Under 35 U.S.C. § 1...   MORE>>

Each year, millions of people living in low and middle-income countries die from treatable and preventable diseases. However, many deaths are the result of inadequate and improper drugs being administered to people in these countries. For example, the most commonly used drug to treat African sleepin...   MORE>>