Category Archives: Patents & Technology

Patent Royalties Extending Beyond Expiration: An Illogical Ban From Brulotte to Scheiber

By: Michael Koenig A recent decision by the Seventh Circuit Court of Appeals, Scheiber v. Dolby Laboratories, Inc., called into question, yet dutifully applied, the somewhat disfavored Supreme Court patent case of Brulotte v. Thys Co. For thirty-eight years, Brulotte … Continue reading

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Patentable Subject [Anti]matter

By: Kristoffer Leftwich The statements, “The laws of nature,” “the principles of nature,” “the fundamental truths,” etc., are not patentable, have been oft repeated but seldom understandingly used. They have led to misunderstanding and much confusion, not limited to members … Continue reading

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Festo: Blessing to Patent Holders or Thorn in Their Sides?

By: Jennifer Miller The Supreme Court makes another attempt to strike a balance between protecting an inventor’s patent rights and ensuring adequate notice to the public of what constitutes patent infringement. This iBrief discusses the Supreme Court ruling in Festo … Continue reading

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Software Patents: What One-Click Buy and Safe Air Travel Have in Common

By: Michael Guntersdorfer Have you ever sat in an airplane, typing on your laptop, when the darn thing crashes for the one-millionth time? Have you ever then thought about how the airplane you are sitting in is controlled by software, … Continue reading

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Protecting Intellectual Capital in the New Century: Are Universities Prepared?

By: James Ottavio Castagnera, Cory R. Fine & Anthony Belfiore In recent years, intellectual property has become increasingly important to academic institutions throughout the United States. As universities rely more heavily on trademarks and patents for additional revenue, questions arise … Continue reading

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The Enola Bean Patent Controversy: Biopiracy, Novelty and Fish-And-Chips

By: Gillian N. Rattray Should traditional knowledge be patentable? As the number of patents filed by large corporations for native crops has increased, activists have become concerned about the economic effects of these patents on indigenous people. This iBrief discusses … Continue reading

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Fraud and Enforceability: Potential Implications for Federal Circuit Litigation

By: Michael Kim Should fraudulent litigation tactics and testimony affect the validity of underlying patents? What results are possible if the enforceability of a patent turns on the conduct of the applying party not only before the Patent and Trademark … Continue reading

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Facilitating Access of Aids Drugs While Maintaining Strong Patent Protection

By: Dana Ziker The AIDS pandemic has thrust the subject of patent protection into the spotlight, a spotlight that has attracted the attention of broad audience including interested parties from the political, legal, and medical communities. Can the United States’ … Continue reading

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Cybernetic Implications for the U.C.C.

By: Stephen Dirksen & Kyle Grimshaw In the following iBrief, the authors assess the impact of recent a recent decision from the 9th Circuit assessing whether the patent system’s filing mechanism preempts the U.C.C. Article 9 requirement that creditors perfect … Continue reading

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A Victory for the Student Researcher: Chou v. University of Chicago

By: Kyle Grimshaw For years, graduate and other student researchers at universities have alleged that the hierarchical system in academic research allows supervising PhDs to steal and patent inventions that were rightfully discovered by students. In July 2001, the Federal … Continue reading

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International Upheaval: Patent Independence Protectionists and the Hague Conference

By: Kyle Grimshaw International lawmakers presently are negotiating a treaty that would not only allow U.S. courts to grant summary judgment in patent infringement suits if a court in Canada or Europe previously found patent infringement, but would actually require … Continue reading

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Patent Amendments and Prosecution History Estoppel Under Festo

By: Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Michael Kim & Steven Mesnick On November 29, 2000, the Federal Circuit retroactively reduced the value of nearly 1.2 million unexpired United States patents by announcing a new rule for the somewhat obscure … Continue reading

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Deutsche Telekom and Voicestream Merger: Charting a New Regulatory Course

By: Aaron Futch, Yemi Giwa, Andrew Grimmig, Kisa Mlela & Amy Richardson On July 24, 2000, the German telecommunications giant Deutsche Telekom AG (Deutche Telekom) agreed to purchase the Bellvue, Washington based VoiceStream Wireless Corporation (VoiceStream) for over $50 billion. … Continue reading

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Who’s Afraid of amazon.com v. barnesandnoble.com?

By: Stephen Dirksen, Kyle Grimshaw, Michael Hostetler, Ian Jinkerson & Michael Kim On October 2, 2000, the Court of Appeals for the Federal Circuit heard the appeal in the case of Amazon.com, Inc. v. Barnesandnoble.com, Inc. This appeal revolves around … Continue reading

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