Patent Law

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Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, Akron Intellectual Property Journal (2012)

As literary devices, a “story-within-a story” and a “play-within-a-play” have a long lineage. Shakespeare seems...

 

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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...

 

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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...

 

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Assault on the Citadel: Judge Rich and Computer-Related Inventions, Houston Law Review (2002)

Following this brief overview of the historical assault on the Citadel against protecting computer-related inventions,...

 

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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...

 

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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...

 

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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...

 

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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...

 

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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...

 

Intellectual Property

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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...

 

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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...

 

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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.

 

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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...

 

Copyright

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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...

 

Tort Law

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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...

 

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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...

 

Trademark

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Assessing "Genericness": Another View, Trademark Reporter (1988)

It may be presumptuous to enter into a debate between two distinguished members of the...

 

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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...

 

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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...

 

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The Functions of 'Functionality' in Trademark Law, Houston Law Review (1985)

This article will examine the various definitions of ‘functionality’ and its converse ‘nonfunctionality’ which have...

 

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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....

 

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PLAGUES, PANDEMICS, AND PATENTS: LEGALITY AND MORALITY (2011)

This article provides a brief historical review of the devastation inflicted by plagues and pandemics...