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A Regulatory Theory of Legal Claims

Jan. 27, 2017—A Regulatory Theory of Legal Claims ABSTRACT Procedural law in the United States seeks to achieve three interrelated goals in our system of litigation: efficient processes that achieve “substantive justice” and deter wrongdoing, accurate outcomes, and meaningful access to the courts. For years, however, procedural debate, particularly in the context of due process rights in...

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Delaware Courts Diverge on Whether “Cleansing Effect” of Corwin Applies to Duty of Loyalty Claims

Jan. 13, 2017—Delaware Courts Diverge on Whether “Cleansing Effect” of Corwin Applies to Duty of Loyalty Claims ABSTRACT Comstock requires a finding that entire fairness review is inapplicable before Corwin triggers business judgment deference. Larkin applies Corwin’s “cleansing effect” to all transactions absent a controlling stockholder. AUTHORS Robert S. Reder Professor of the Practice of Law at...

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Introduction

Nov. 28, 2016—Symposium Introduction: The Disclosure Function of the Patent System AUTHOR Professor of Law, Professor of Chemistry, and Chancellor Faculty Fellow, Vanderbilt University.

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Patent Disclosures and Time

Nov. 28, 2016—Patent Disclosures and Time AUTHOR Professor of Law, Emory University School of Law.

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Legal Fictions and the Role of Information in Patent Law

Nov. 28, 2016—Legal Fictions and the Role of Information in Patent Law AUTHOR Galen J. Roush Professor of Law and Director, Spangenberg Center of Law, Technology & the Arts, Case Western Reserve University School of Law.

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Physicalism and Patent Theory

Nov. 28, 2016—Physicalism and Patent Theory ABSTRACT United States patent law’s view on the need for a physical embodiment of the invention, and the continued production and use of an embodiment, has varied over the last two centuries. In the early days, the requirement for “physicalism” was high, with the inventor being required to actually reduce the...

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Nontechnical Disclosure

Nov. 28, 2016—Nontechnical Disclosure AUTHOR Associate Professor of Law, American University Washington College of Law.

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Patent Silences

Nov. 28, 2016—Patent Silences ABSTRACT A great deal has been said in recent years about patent disclosure. But to say that there is a disclosure function in the patent system implies that there is non-disclosure functioning in the patent system as well. For some information to be disclosed in a patent, other information must go undisclosed; for...

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Disclosing Designs

Nov. 28, 2016—Disclosing Designs AUTHORS Jason Du Mont Microsoft Fellow, Center for Intellectual Property Research, Indiana University Maurer School of Law, Bloomington; Doctoral Candidate, International Max Planck Research School for Competition and Innovation. Mark D. Janis Robert A. Lucas Chair of Law and Director, Center for Intellectual Property Research, Indiana University Maurer School of Law, Bloomington.  ...

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The Doctrinal Structure of Patent Law’s Enablement Requirement

Nov. 28, 2016—The Doctrinal Structure of Patent Law’s Enablement Requirement ABSTRACT This Article examines the formal law of enablement, focusing on a perceived split in the enablement doctrine: whether disclosure of a single mode of an invention is necessarily sufficient to satisfy the requirement of enablement or whether the full scope of the claim must be enabled....

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Dynamic Patent Disclosure

Nov. 28, 2016—Dynamic Patent Disclosure AUTHOR Professor of Law, New York University School of Law; Co-Director, Engelberg Center on Innovation Law & Policy.

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Photocopies, Patents, and Knowledge Transfer: “The Uneasy Case” of Justice Breyer’s Patentable Subject Matter Jurisprudence

Nov. 28, 2016—Photocopies, Patents, and Knowledge Transfer: “The Uneasy Case” of Justice Breyer’s Patentable Subject Matter Jurisprudence ABSTRACT One aspect of Justice Stephen Breyer’s discomfort with patents, as expressed in his opinion for the Supreme Court in Mayo v. Prometheus and his dissent from the order dismissing certiorari in LabCorp v. Metabolite, is strikingly similar to one...

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The Structural Implications of Inventors’ Disclosure Obligations

Nov. 28, 2016—The Structural Implications of Inventors’ Disclosure Obligations ABSTRACT Disclosure theory posits that inventors must disclose knowledge about their inventions and make that knowledge freely available for certain uses during the term of a patent as part of the price that they pay for their exclusive patent rights. This Article identifies an overlooked implication of this...

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Pierson, Peer Review, and Patent Law

Nov. 28, 2016—Pierson, Peer Review, and Patent Law ABSTRACT When has a researcher done enough to merit a patent? Should the patent belong to the researcher who first suggests an invention or the one who brings it to fruition? The canonical dispute over a fox in Pierson v. Post is used to illustrate the competing policy considerations...

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Contextualizing Patent Disclosure

Nov. 28, 2016—Contextualizing Patent Disclosure ABSTRACT One of the main justifications for a patent system is that patents disclose useful technical information that others can learn from. However, patents are not performing this function well. The average patent is written in legalese, uses vague language, and is hard to connect to commercial activity. Legal scholars have responded...

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Normalizing Erie

Oct. 17, 2016—Normalizing Erie ABSTRACT This Article argues that the Erie doctrine should be normalized by bringing it into line with ordinary doctrines of federalism. Under ordinary federalism doctrines—such as the dormant commerce clause, implied preemption, federal preclusion law, and certain special “enclaves” of federal common law—courts will displace state law to protect federal interests even when neither...

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