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The Harvard Law Review is offered in a digital edition, featuring active Contents and URLs, linked notes, and proper ebook formatting. The contents of Issue 8 include: Article, "Racial Capitalism," by Nancy Leong Essay, "Shallow Signals," by Bert I. Huang Book Review, "All Unhappy Families: Tales of Old Age, Rational Actors, and the Disordered Life," by Ariela R. Dubler Book Review, "Lawyers, Law, and the New Civil Rights History," by Risa Goluboff Note, "Recasting the U.S. International Trade Commission’s Role in the Patent System" Note, "Juvenile Miranda Waiver and Parental Rights" Note, "The Province of the Jurist: Judicial Resistance to Expert Testimony on Eyewitnesses as Institutional Rivalry" Note, "Proposing a Locally Driven Entrepreneur Visa" In addition, the issue features student commentary on Recent Cases, including such subjects as Illinois’s ban on public carry of firearms, "bookmarking" of infringing material as a copyright violation, causation and criminals' statutory restitution, free movement rights in the EU, local bottling and the dormant commerce clause, and binding unnamed class members with a denial of class action certification. Finally, the issue includes notes on Recent Publications as well as a comprehensive Index to Volume 126 (2012-2013).
Succinct and timely, Patent Law, Sixth Edition demystifies its subject as it explores and explains important cases, judicial authorities, statutes, and policy. Approachably written for law students, attorneys, inventors, and laypersons alike, this text stands on its own and may be used alongside any patent or IP casebook to support more in-depth study of patent law. New to the Sixth Edition: Coverage of the Supreme Court’s ongoing, intensive scrutiny of the America Invents Act (AIA), the most significant change to U.S. patent law in 70 years, including: Helsinn (definition of prior art under the AIA) Cuozzo (non-reviewability of institution decisions) Oil States (Constitutionality of AIA) SAS Institute (rejecting partial institution) Return Mail (federal government not a “person” entitled to post-grant review) Dex Media (cert. granted, reviewability of Board’s time-bar decisions) The burgeoning landscape of patent-eligibility jurisprudence under 35 U.S.C. §101, including Federal Circuit decisions in: Vanda, Cleveland Clinic, Genetic Techs., Endo, Athena Diagnostics (laws of nature) Enfish; Thales Visionix (abstract ideas) Berkheimer, Aatrix, Cellspin (role of fact questions in the Mayo/Alice Step Two “inventiveness” inquiry) Disparate viewpoints for analyzing the bedrock requirement of nonobviousness, including the Federal Circuit’s first en banc obviousness decision in thirty years: Apple v. Samsung The continued vitality of infringement under the doctrine of equivalents, as illustrated in a spate of Federal Circuit decisions including: Lilly v. Hospira Supreme Court decisions examining patent infringement remedies, including: WesternGeco (offshore lost profits) NantKwest (cert. granted, attorney fee-shifting in §145 civil actions) Supreme Court decisions cabining long-standing defenses to patent infringement, including: Impression Products (patent exhaustion) SCA Hygiene (laches and equitable estoppel) Professors and students will benefit from: Thorough coverage and clear writing that clarifies principal legal doctrines, key judicial authorities, governing statutes, and policy considerations for obtaining, enforcing, and challenging a U.S. patent In-depth treatment and comparison of pre- and post-America Invents Act regimes for novelty and prior art with numerous hypotheticals Timely statistics on patent trends Succinct analysis of multi-national patent protection regimes Helpful visual aids, such as figures, tables, and timelines A sample patent and breakdown of a prosecution history Boldfaced key terms and a convenient Glossary
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.
Basic principles -- Patent claims -- Patent-eligible subject matter --The enablement requirement -- Best mode requirement --Written description of the invention requirement -- Novelty and no loss of right -- Inventorship-- The nonobviousness requirement --The utility requirement -- Patent prosecution procedures in the USPTO -- Double patenting.
In Comparative Patent Remedies, Thomas Cotter provides a critical and comparative analysis of patent enforcement in the United States and other major patent systems, including the European Union, Japan, Canada, Australia, China, South Korea, Taiwan, and India.
This report recommends improvements to two areas of patent law policies affecting how well a patent gives notice to the public of what technology is protected and remedies for patent infringement. The report provides valuable insights on how courts can reform the patent system to best serve consumers. It recognizes that patents play a critical role in encouraging innovation, but it also observes that some strategies by patent holders risk distorting competition and deterring innovation. This is especially true for activity driven by poor patent notice, and by remedies that do not align the compensation received by patent holders for infringement with the economic value of their patented inventions. This is a print on demand report.
If there has been a unifying theme of Barack Obama’s presidency, it is the inexorable growth of the administrative state. Its expansion has followed a pattern: First, expand federal powers beyond their constitutional limits. Second, delegate those powers to agencies and away from elected politicians in Congress. Third, insulate civil servants from politics and accountability. Since its introduction in American life by Woodrow Wilson in the 20th Century, the administrative state’s has steadily undermined democratic self-government, reduced the sphere of individual liberty, and burdened the free market and economic growth. In Liberty’s Nemesis, Dean Reuter and John Yoo collect the brightest political minds in the country to expose this explosive, unchecked growth of power in government agencies ranging from health care to climate change, financial markets to immigration, and more. Many Americans have rightly shared the Founders’ fear of excessive lawmaking, but Liberty’s Nemesis is the first book to explain why the concentration of power in administrative agencies in particular is the greatest – and most overlooked – threat to our liberties today. If we fail to curb it, our constitutional republic might easily devolve into something akin to the statist governments of Europe. President Obama’s ongoing efforts to encourage just such a devolution, and the problems his administration faces as a consequence, present a critical opportunity to defend the original vision of the Constitution.
Investment treaty arbitration (sometimes called investor-state dispute settlement or ISDS) has become a flashpoint in the backlash against globalization, with costs becoming an area of core scrutiny. Yet "conventional wisdom" about costs is not necessarily wise. To separate fact from fiction, this book tests claims about investment arbitration and fiscal costs against data so that policy reforms can be informed by scientific evidence. The exercise is critical, as investment treaties grant international arbitrators the power to order states-both rich and poor-to pay potentially millions of dollars to foreign investors when states violate the international law commitments made in the treaties. Meanwhile, the cost to access and defend the arbitration can also climb to millions of dollars. This book uses insights drawn from cognitive psychology and hard data to explore the reality of investment treaty arbitration, identify core demographics and basic information on outcomes, and drill down on the costs of parties' counsel and arbitral tribunals. It offers a nuanced analysis of how and when cost-shifting occurs, parses tribunals' rationalization (or lack thereof) of cost assessments, and models the variables most likely to predict costs, using data to point the way towards evidence-based normative reform. With an intelligent interdisciplinary approach that speaks to ongoing reform at entities like the World Bank's ICSID and UNCITRAL, this book provides the most up-to-date study of investment treaty dispute settlement, offering new insights that will shape the direction of investment treaty and arbitration reform more broadly.
This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.