Volumes Category
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...
The Securities Black Market: Dark Pool Trading and the Need for a More Expansive Regulation ATS-N
Jan. 27, 2017—The Securities Black Market: Dark Pool Trading and the Need for a More Expansive Regulation ATS-N ABSTRACT This Note analyzes the effect certain Alternative Trading Systems known as “dark pools” have on the market, as well as how the current regulatory scheme falls short in protecting trade and execution quality. A number of regulatory loopholes have...
The Chancery Bank of Delaware: Appraisal Arbitrageurs Expose Need to Further Reform Defective Appraisal Statute
Jan. 27, 2017—The Chancery Bank of Delaware: Appraisal Arbitrageurs Expose Need to Further Reform Defective Appraisal Statute ABSTRACT Appraisal arbitrageurs—hedge funds who purchase target stock after the announcement of a merger solely to pursue appraisal—test the bounds of aim of appraisal rights to protect dissenting shareholders from majority expropriation. The backlash against appraisal arbitrage has uncovered a...
An Ocean Between Us: The Implications of Inconsistencies Between the Navigational Laws of Coastal Arctic Council Nations and the United Nations Convention on the Law of the Sea for Arctic Navigation
Jan. 27, 2017—An Ocean Between Us: The Implications of Inconsistencies Between the Navigational Laws of Coastal Arctic Council Nations and the United Nations Convention on the Law of the Sea for Arctic Navigation ABSTRACT Who determines the “rules of the road” for once inaccessible Arctic shipping routes? This Note examines the implications for navigation and protection of...
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.
Patent Disclosures and Time
Nov. 28, 2016—Patent Disclosures and Time AUTHOR Professor of Law, Emory University School of Law.
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.
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...
Nontechnical Disclosure
Nov. 28, 2016—Nontechnical Disclosure AUTHOR Associate Professor of Law, American University Washington College of Law.
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...
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. ...
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....
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.
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...
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...
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...