In a typical case of trademark infringement, a plaintiff must show, among other things, that potential consumers would be confused as to the source of a good or service, due to the defendant’s use of a mark (or in the case of trade dress infringement, the same or similar product packaging, design, labeling, etc.) that [...]
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The United States Patent and Trademark Office (“PTO”) receives more applications today than it ever has before. What happens to those applications? Patent prosecutors all have stories and personal experiences. Until quite recently, however, this sort of “anecdata” was all that was available, because the law prevented anyone from ever finding out what happened to [...] The Supreme Court decided Quanta v. LGE on June 9, 2008, marking the first time the Court had addressed the topic of patent exhaustion in sixty-six years. This paper provides an in-depth analysis of the law of patent exhaustion and analyzes the holding in Quanta in the context of past Supreme Court jurisprudence. In determining [...] Patents claiming DNA sequences have been subject to extensive public and scholarly criticism due to their potential to impede innovation and to restrict access to affordable healthcare. Recent empirical studies, however, indicate that access to materials is a much more serious problem than patents are for basic biomedical researchers, and access to materials is also [...] Nearly half of litigated patents are invalidated. To address this issue and reduce the number of “bad patents,” commentators and industry members have called for reforms to increase certainty in the patent system. Many have also proposed reforms that meet the varied needs of different industries. This paper responds to these prior proposals and proposes [...] Nearly half of litigated patents are invalidated. To address this issue and reduce the number of “bad patents,” commentators and industry members have called for reforms to increase certainty in the patent system. Many have also proposed reforms that [...] It has become increasingly common for brain images to be proffered as evidence in civil and criminal litigation. This Article offers some general guidelines to legal thinkers about how to understand brain imaging studies–or at least avoid misunderstanding them. [...] It has become increasingly common for brain images to be proffered as evidence in civil and criminal litigation. This Article offers some general guidelines to legal thinkers about how to understand brain imaging studies—or at least avoid misunderstanding them. And it annotates a published brain imaging study by several of the present authors (and others) [...] Last fall, I presented a paper at a conference on neuroimaging and the law looking at the way jurors were likely to construe neuroimaging evidence in insanity defense cases. I tried to balance jurors’ likely positive response to the [...] Last fall, I presented a paper at a conference on neuroimaging and the law looking at the way jurors were likely to construe neuroimaging evidence in insanity defense cases. I tried to balance jurors’ likely positive response to the perceived characteristics of this evidence—vivid, objective, quantifiable, advanced—with their likely negative [...] |
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