Recent Articles

Concerns Associated with Expanding DNA Databases

Concerns Associated with Expanding DNA Databases

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 … Read More

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 … Read more

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A Dreadful Prognosis: Patentability of Diagnostic and Personalized Medical Procedures in the Wake of In re Bilski

A Dreadful Prognosis: Patentability of Diagnostic and Personalized Medical Procedures in the Wake of In re Bilski

Over the past few decades, patent applicants in certain technological fields are discovering a conflict inherent between the nature of their claimed inventions and judicial interpretation of Jefferson’s Patent Act language throughout the 19th and 20th Centuries. This conflict is particularly … Read More

Over the past few decades, patent applicants in certain technological fields are discovering a conflict inherent between the nature of their claimed inventions and judicial interpretation of Jefferson’s Patent Act language throughout the 19th and 20th Centuries. This conflict is particularly … Read more

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The Role of the Subconscious in Intellectual Property Law

The Role of the Subconscious in Intellectual Property Law

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 … Read More

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 … Read more

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The Exportability of the Principles of Software: Lost in Translation?*

The Exportability of the Principles of Software: Lost in Translation?*

The American Law Institute approval of The Principles of Software Contracts is a significant milestone in the history of software law. The project began in 2004 because of the flaws of the Uniform Computer Information Transactions Act concerning this issue, problems strengthened by the widely held … Read More

The American Law Institute approval of The Principles of Software Contracts is a significant milestone in the history of software law. The project began in 2004 because of the flaws of the Uniform Computer Information Transactions Act concerning this issue, problems strengthened by the widely held … Read more

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Shifting the Burden: Proving Infringement and Damages in Patent Cases Involving Inconsistent Manufacturing Techniques

Shifting the Burden: Proving Infringement and Damages in Patent Cases Involving Inconsistent Manufacturing Techniques

The law is clear that it is the plaintiff-patentee’s burden to prove both infringement and damages. It is unclear, however, in cases involving inconsistent manufacturing techniques, what level of evidence is required to meet this burden and when, if at all, such burden should pass to the … Read More

The law is clear that it is the plaintiff-patentee’s burden to prove both infringement and damages. It is unclear, however, in cases involving inconsistent manufacturing techniques, what level of evidence is required to meet this burden and when, if at all, such burden should pass to the … Read more

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A Brief History of the Commercial Speech Doctrine (With Some Implications for Tobacco Regulation)

A Brief History of the Commercial Speech Doctrine (With Some Implications for Tobacco Regulation)

The passage of the Family Smoking Prevention and Tobacco Control Act of 2009 delegated substantial new responsibility to the U.S. Food & Drug Administration. Charged with implementation of the Act, the Food & Drug Administration issued a call for public comment on what approaches to take. … Read More

The passage of the Family Smoking Prevention and Tobacco Control Act of 2009 delegated substantial new responsibility to the U.S. Food & Drug Administration. Charged with implementation of the Act, the Food & Drug Administration issued a call for public comment on what approaches to take. … Read more

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Comments Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. 560 F.3d 1366 (Fed. Cir. 2009) and Wyeth v. Diana Levine 129 S.Ct 1187 (2009)

Comments Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. 560 F.3d 1366 (Fed. Cir. 2009) and Wyeth v. Diana Levine 129 S.Ct 1187 (2009)

Case notes concerning Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. 560 F.3d 1366 (Fed. Cir. 2009) and Wyeth v. Diana Levine 129 S.Ct 1187 (2009)Read More

Case notes concerning Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. 560 F.3d 1366 (Fed. Cir. 2009) and Wyeth v. Diana Levine 129 S.Ct 1187 (2009)Read more

State and Local Policy as a Tool to Complement and Supplement the FDA Law

State and Local Policy as a Tool to Complement and Supplement the FDA Law

With the recent passage of the Family Smoking Prevention and Tobacco Control Act of 2009, the U.S. Food and Drug Administration now has the authority to regulate tobacco sales, marketing, and use. Though this law is a beneficial step, some gaps remain. There are significant merits to state and local … Read More

With the recent passage of the Family Smoking Prevention and Tobacco Control Act of 2009, the U.S. Food and Drug Administration now has the authority to regulate tobacco sales, marketing, and use. Though this law is a beneficial step, some gaps remain. There are significant merits to state and local … Read more

IN RE BERNARD L. BILSKI AND RAND A. WARSAW

IN RE BERNARD L. BILSKI AND RAND A. WARSAW

At first glance, the Federal Circuit’s categorical rejection of the “useful, concrete, and tangible result” test announced in State Street in favor of the machine-or-transformation test for patent-eligible subject matter could be seen as the death knell for business method and software … Read More

At first glance, the Federal Circuit’s categorical rejection of the “useful, concrete, and tangible result” test announced in State Street in favor of the machine-or-transformation test for patent-eligible subject matter could be seen as the death knell for business method and software … Read more

PRINCO CORPORATION AND PRINCO AMERICA CORPORATION V. INTERNATIONAL TRADE COMMISSION

PRINCO CORPORATION AND PRINCO AMERICA CORPORATION V. INTERNATIONAL TRADE COMMISSION

In affirming the ITC’s holding as to Princo’s first tying claim, the court found that a reasonably broad reading of the Lagadec patent (Sony’s digital method) would support a finding of infringement where anyone practiced the Phillips analog method, currently used as the industry standard.  … Read More

In affirming the ITC’s holding as to Princo’s first tying claim, the court found that a reasonably broad reading of the Lagadec patent (Sony’s digital method) would support a finding of infringement where anyone practiced the Phillips analog method, currently used as the industry standard.  … Read more