Recent Articles

Analyzing the Non-Competition Covenant as a Category of Intellectual Property Regulation

Analyzing the Non-Competition Covenant as a Category of Intellectual Property Regulation

The employee non-competition covenant is a category of intellectual property regulation, but it is rarely recognized as such. This essay proposes a new critique of the employee non-competition covenant: When we examine such covenants as a category of intellectual property regulation, they do not … Read More

The employee non-competition covenant is a category of intellectual property regulation, but it is rarely recognized as such. This essay proposes a new critique of the employee non-competition covenant: When we examine such covenants as a category of intellectual property regulation, they do not … Read more

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Limits on Hard-to-Reproduce Inventions: Process Elements and Biotechnology’s Compliance with the Enablement Requirement

Limits on Hard-to-Reproduce Inventions: Process Elements and Biotechnology’s Compliance with the Enablement Requirement

Reproducibility is the touchstone of the scientific method and one of the strongest norms of the research community.  In order to be accepted as scientific fact, results of an experiment must be reproducible by an independent operator following the description given by the original inventor.  This … Read More

Reproducibility is the touchstone of the scientific method and one of the strongest norms of the research community.  In order to be accepted as scientific fact, results of an experiment must be reproducible by an independent operator following the description given by the original inventor.  This … Read more

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An Accurate Diagnosis, But Is There A Cure?: An Appreciation of The Role of Science in Law by Robin Feldman

An Accurate Diagnosis, But Is There A Cure?: An Appreciation of The Role of Science in Law by Robin Feldman

Professor Feldman has provided an accurate and unsettling diagnosis of the law’s misuse of science.  Her central thesis is that the law defers to science far too much either by cloaking legal criteria in scientific terms, thus avoiding hard and indeed intractable problems, or by deferring to … Read More

Professor Feldman has provided an accurate and unsettling diagnosis of the law’s misuse of science.  Her central thesis is that the law defers to science far too much either by cloaking legal criteria in scientific terms, thus avoiding hard and indeed intractable problems, or by deferring to … Read more

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Subverting New Media for Profit: How Online Social Media “Black Markets” Violate Section 5 of the Federal Trade Commission Act

Subverting New Media for Profit: How Online Social Media “Black Markets” Violate Section 5 of the Federal Trade Commission Act

“Black markets” in social media votes and actions have in no way reached critical mass.  The number of sponsored “tweets,” “diggs,” and “favorites” on any given day no doubt represents a miniscule portion of the vast, burgeoning sea of authentic social media messages that … Read More

“Black markets” in social media votes and actions have in no way reached critical mass.  The number of sponsored “tweets,” “diggs,” and “favorites” on any given day no doubt represents a miniscule portion of the vast, burgeoning sea of authentic social media messages that … Read more

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‘Locked-In’ to Their Decisions: Investigating How the States Govern Revocation of Advance Directives and How Three States Make Revocation Impossible for People with Locked-In Syndrome

‘Locked-In’ to Their Decisions: Investigating How the States Govern Revocation of Advance Directives and How Three States Make Revocation Impossible for People with Locked-In Syndrome

The statutes governing revocation of advance directives in Colorado, Maryland, and Tennessee discriminate against locked-in patients and must be changed.  If those statutes are not changed, a person with locked-in syndrome in one of those states may not be able to legally revoke her advance … Read More

The statutes governing revocation of advance directives in Colorado, Maryland, and Tennessee discriminate against locked-in patients and must be changed.  If those statutes are not changed, a person with locked-in syndrome in one of those states may not be able to legally revoke her advance … Read more

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A Pathway to Follow-On Biologics

A Pathway to Follow-On Biologics

Biologics are rapidly growing in importance in the medical world.  The ability of biopharmaceutical drugs to replace natural proteins produced by the body make them invaluable as therapy regimens to target major disease including cancer, infectious agents, and a variety of other health conditions … Read More

Biologics are rapidly growing in importance in the medical world.  The ability of biopharmaceutical drugs to replace natural proteins produced by the body make them invaluable as therapy regimens to target major disease including cancer, infectious agents, and a variety of other health conditions … Read more

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Search Query Privacy: The Problem of Anonymization

Search Query Privacy: The Problem of Anonymization

Search queries may reveal quite sensitive information about the querier. Even though many queries are not directly associated with a particular person, it has been argued that the IP addresses and cookies of the users can often be sufficient to figure out who the querier is, especially if tied to … Read More

Search queries may reveal quite sensitive information about the querier. Even though many queries are not directly associated with a particular person, it has been argued that the IP addresses and cookies of the users can often be sufficient to figure out who the querier is, especially if tied to … Read more

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Software Patents Under 35 U.S.C. § 271(f): Should Congress Amend § 271 to Harmonize Protection Between Tangible and Intangible Inventions?

Software Patents Under 35 U.S.C. § 271(f): Should Congress Amend § 271 to Harmonize Protection Between Tangible and Intangible Inventions?

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 … Read More

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 … Read more

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Injunctive Relief Post eBay and the Various Applications of the Four-Factor Test in Differing Technological Industries

Injunctive Relief Post eBay and the Various Applications of the Four-Factor Test in Differing Technological Industries

In the 2006 opinion for eBay v. MercExchange the Supreme Court struck down the Federal Circuit’s blanket rule of granting injunctions for patent infringement. Outlining a four-factored test, the Court declared that injunctive relief should be determined based on “principles of equity.” This … Read More

In the 2006 opinion for eBay v. MercExchange the Supreme Court struck down the Federal Circuit’s blanket rule of granting injunctions for patent infringement. Outlining a four-factored test, the Court declared that injunctive relief should be determined based on “principles of equity.” This … Read more

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Reach Through Royalties as a Workaround for Patent Exhaustion

Reach Through Royalties as a Workaround for Patent Exhaustion

Reach through royalties (RTRs) allow companies that license patented research tools to profit from inventions created by others using these tools. Support for RTRs is split; some disfavor them for their potential anti-commons effects, while others believe RTRs provide important services, such as … Read More

Reach through royalties (RTRs) allow companies that license patented research tools to profit from inventions created by others using these tools. Support for RTRs is split; some disfavor them for their potential anti-commons effects, while others believe RTRs provide important services, such as … Read more

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