A United States patent owner’s right to exclude others from using, offering for sale, selling, and importing a patented article is subject to the doctrine of patent exhaustion. When ownership of a patented article is transferred by sale, patent exhaustion allo...
In both America and Europe, a copyright holder’s exclusive distribution and reproduction rights are subject to certain limitations, including the American first-sale doctrine, the corresponding European exhaustion doctrine, and the American essential step defe...
When the founding fathers laid the bedrock of patent law, they created a list of conditions that an invention must meet to be patentable. An invention must be novel, non-obvious, described in a manner which allows others to practice it, and more. But the cardi...
When Google developed its mobile platform, Android, the company copied some of the code as well as the structure, sequence, and organization (SSO) of 37 Java Application Programming Interfaces (APIs). Oracle gained ownership of Java, a widely-used open-source ...
As capital intensive public goods, pharmaceuticals are likely to receive inefficiently-low investment in the absence of government intervention. The patent system functions well to promote innovation in the pharmaceutical industry. However, because innovation ...
By Lily R. Robinton Original Article In this article, Lily Robinton argues the rules for search and seizure of digital information created by the courts lack clarity, consistency and effectiveness, and that laws specifically governing the search of digital inf...
By Maureen E. Boyle Original Article In this article, Maureen Boyle argues that the common law research exemption from patent infringement claims must be clearly defined to protect basic scientific research, particularly in the field of biotechnology. Boyle su...
By Ryan Benjamin Witte Original Article In his piece, Witte argues web journalists should be permitted the same degree of access to public fora and facilities enjoyed by their print counterparts. Throughout, Witte relies on the scholarship of David Anderson to...
By Kevin Werbach Original Article In this article, Prof. Werbach argues that the FCC and other regulators should rely on and facilitate industry-developed open standards to shape competition and structure network-based marketplaces, rather than craft their own...