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>>

In 1980, Congress enacted the Patent and Trademark Law Amendments Act, which is generally referred to as the Bayh-Dole Act. Even though Bayh-Dole was enacted almost three decades ago, its ramifications still persist today. This statute instructed universities to patent and commercialize publicly-fun...   MORE>>

I. INTRODUCTION

Pharmaceutical patent holders (brand name drug) and generic drug manufactures (generic drug) continually debate the optimal balance between innovation and access. Policymakers must confront brand name companies that argue, “research and development is a ‘costly and risky activ...   MORE>>

Granting patent rights for new genetic discoveries is a topic of heated debate in patent law due to the ethical, legal, and economic concerns involved. Since the United States Patent and Trademark Office (USPTO) issued the first gene patent in 1982, the number of gene patents in the United States ha...   MORE>>