Articles
The Regeneration of American Patent Law: Patentable Subject Matter, IDEA: The Intellectual Property Law Review (2006)
This article will undertake an analysis of the decision-making process of the courts in patent...
Patent Attorney Malpractice: An Oxymoron No More, University of Illinois Journal of Law, Technology and Policy (2004)
With increasing frequency, clients are bringing malpractice claims against their patent attorneys. Malpractice and the...
Assault on the Citadel: Judge Rich and Computer-Related Inventions, Houston Law Review (2002)
The Tragicomedy of the Public Domain in Intellectual Property Law, Hastings Communications and Entertainment Law Journal (2002)
While the public domain is a pervasive concept in intellectual property law, it is hardly...
Product Simulation: From Tort to Intellectual Property, Trademark Reporter (1998)
In sum, the law relating to the protection of product configurations seems to have come...
Panel Discussion: The First Amendment in Cyberspace: Use on the Internet in the College Community, Northern Illinois University Law Review (1997)
Panel Discussion: April 3, 1997.
Nature and Scope of the Agreement TRIPS - Natural Rights and a "Polite Form of Economic Imperialism", Vanderbilt Journal of Transnational Law (1996)
This Article discusses the current predominance of natural rights theory in the area of intellectual...
Un-unified Economic Theories of Patents - The Not-Quite-Holy Grail, Notre Dame Law Review (1996)
In a very rough sort of way, the search for a unifying economic theory of...
An Uneasier Case for Copyright than for Patent Protection of Computer Programs, Nebraska Law Review (1993)
The ongoing controversy over intellectual property protection for computer programs is the latest battle in...
Reverse Informed Consent: the Unreasonably Dangerous Patient, Vanderbilt Law Review (1993)
Iatrogenic injuries --those caused by health care professionals (HCPs) in the course of treating patients--raise...
Beyond Obviousness: Invention Protection in the Twenty-First Century, American University Law Review (1989)
This Article explores the possibilities for restructuring the incentives provided under a patent system in...
Contributory Copyright Infringement: The Tort and Technological Tensions, Notre Dame Law Review (1989)
By far the most controversial of the Supreme court's ‘trilogy’ of cases dealing with the...
Assessing "Genericness": Another View, Trademark Reporter (1988)
It may be presumptuous to enter into a debate between two distinguished members of the...
The International Patent System and Third World Development: Reality or Myth?, Duke Law Journal (1987)
This article examines the impact on Third World countries of their membership in the international...
Consumer Motivation in Trademark and Unfair Competition Law: On Importance of Source, Villanova Law Review (1986)
This article will consider the relevance of consumer motivation to the trademark and unfair competition...
The Functions of "Functionality" in Trademark Law, Trademark Reporter (1986)
This article will examine the various definitions of "functionality" and its converse "nonfunctionality" which have...
The Tort of Interference with the Right to Die: The Wrongful Living Cause of Action, Georgetown Law Journal (1986)
The right to die is being judicially recognized in an ever-increasing variety of circumstances where...
The Functions of 'Functionality' in Trademark Law, Houston Law Review (1985)
Products Simulation and Contributory Trademark Infringement: A Right Suggests a Wrong, Arizona Law Review (1983)
In the vacuum following the shock wave of Sears, Roebuck & Co. v. Stffiel Co....
Contributory Infringement/Patent Misuse: Metaphysics and Metamorphosis, University of Pittsburgh Law Review (1982)
Justice Story and Judge Gee bemoan the difficulty of decision-making in patent law because of...