Issue Archives

Open Source and the Age of Enforcement

Open Source and the Age of Enforcement

The last five years have seen the first serious enforcement efforts by licensors of open source software, so we are truly at the dawning of the age of enforcement. But open source claims are not like other claims.  Understanding the distinctions between open source software claims and other … Read More

The last five years have seen the first serious enforcement efforts by licensors of open source software, so we are truly at the dawning of the age of enforcement. But open source claims are not like other claims.  Understanding the distinctions between open source software claims and other … Read more

The Medicines Patent Pool: Promoting Access and Innovation for Life-Saving Medicines Through Voluntary Licenses

The Medicines Patent Pool: Promoting Access and Innovation for Life-Saving Medicines Through Voluntary Licenses

Monopolies over many life-saving drugs have led to high prices that remain out of reach for patients in the developing world, leading to a crisis of access over these essential medicines. High intellectual property barriers harm not only access to medicines, but can also impact future innovation. In … Read More

Monopolies over many life-saving drugs have led to high prices that remain out of reach for patients in the developing world, leading to a crisis of access over these essential medicines. High intellectual property barriers harm not only access to medicines, but can also impact future innovation. In … Read more

FDA FDA Enforcement of Criminal Liability for Clinical Investigator Fraud

FDA FDA Enforcement of Criminal Liability for Clinical Investigator Fraud

Clinical investigator fraud is a very real problem, and falls squarely within FDA’s mandate to protect the public health.  The Eighth Circuit has held that under this mandate, FDA has the authority to impose affirmative duties to protect the public health by promulgating relevant regulations. … Read More

Clinical investigator fraud is a very real problem, and falls squarely within FDA’s mandate to protect the public health.  The Eighth Circuit has held that under this mandate, FDA has the authority to impose affirmative duties to protect the public health by promulgating relevant regulations. … Read more

Finding a “Fit”: Gene Patents and Innovation Policy

Finding a “Fit”: Gene Patents and Innovation Policy

The district court’s decision in Ass’n for Molecular Pathology v. U.S. Patent & Trademark Office (the Myriad litigation) that isolated DNA does not constitute patentable subject matter because the isolated DNA is not markedly different from the naturally occurring DNA sequence redrew the … Read More

The district court’s decision in Ass’n for Molecular Pathology v. U.S. Patent & Trademark Office (the Myriad litigation) that isolated DNA does not constitute patentable subject matter because the isolated DNA is not markedly different from the naturally occurring DNA sequence redrew the … Read more

Induced Infringement as a Strict Liability Claim: Abolishment of the Specific Intent Requirement

Induced Infringement as a Strict Liability Claim: Abolishment of the Specific Intent Requirement

This Note argues that the specific intent requirement for § 271(b) should be abolished.  It shows that the language of § 271(b) does not provide textual support for the specific intent requirement.  Additionally, it argues that the specific intent requirement is contrary to early case law before … Read More

This Note argues that the specific intent requirement for § 271(b) should be abolished.  It shows that the language of § 271(b) does not provide textual support for the specific intent requirement.  Additionally, it argues that the specific intent requirement is contrary to early case law before … Read more

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