Articles

    Volume 19, Issue 2 - Fall 2015

  • Matthew Whitten

    The impact of modern technology cannot be overstated; it has quickly impacted the lives of most Americans in a relatively short amount of time. In 2012, 78% of Americans reported owning a desktop or laptop computer. In 2014, 64% of Americans stated that they owned a smartphone. Of those surveyed, 44% of cell owners admitted […]

  • Volume 19, Issue 1 - Spring 2015

  • David Shelton

    Consent decrees are a power tool in the box of American antitrust regulators. The Department of Justice’s Antitrust Division finalized its first consent decree in 1906, and from the 1950s until the present, between 87% and 97% of the Antitrust Division’s cases have been resolved by consent decree. As the economy has developed to incorporate […]

  • Jonathan Statman

    Congress enacted patent reexamination statutes in 1980 granting the United States Patent and Trademark Office (“PTO”) the power to review the validity of previously issued patents. Congress hoped to strengthen the presumption of validity for patents by granting the PTO a second opportunity to expunge erroneously issued patents. Additionally, Congress hoped that reexamination would provide […]

  • Volume 18, Issue 2 - Fall 2014

  • Vincent R. Johnson

    It is widely argued that patent trolling is a serious legal problem that needs to be addressed, at least in the United States, where the practice is most prevalent. This paper argues that disclosure requirements and periodic reporting standards have important roles to play in minimizing the costs of patent trolling. This is true for […]

  • Volume 18, Issue 1 - Spring 2014

  • Brad M. McBride

    As technology has advanced, the way we consume content has drastically changed. By operating a DVR, visiting networks’ websites, or using third-party services, an individual is capable of consuming a wide-variety of content at any time, from nearly any location. The current system strikes an amazing balance between allowing subscribers to consume content at their […]

  • Volume 17, Issue 2 - Fall 2013

  • Robin Feldman, Tom Ewing, and Sara Jeruss

    Public attention is increasingly focused on the phenomenon of patent monetization entities. Known colloquially as “patent trolls, ” these entities concentrate on generating income by licensing or litigating patents, rather than by producing an actual product. In an effort to better understand the nature of patent monetization, Congress directed the nonpartisan Government Accountability Office (“GAO”) […]

  • Volume 17, Issue 1 - Spring 2013

  • Karen A. Lorang

    The 2011 Leahy-Smith America Invents Act (AIA) was heralded as a landmark patent reform that would improve patent quality, create jobs, and boost the economy. The law was broad in scope and made many important changes. The AIA was also remarkable for one change it did not make. Many recent high-profile patent controversies have centered […]

  • Volume 16, Issue 2 - Fall 2012

  • Erol C. Basol

    Should semiconductor companies that limit their in-house activities to designing products, and that outsource the manufacturing of those products, be treated differently under our patent laws than companies that design and manufacture under the same roof? The question itself may lead two reasonable people to two reasonable answers. However, in Special Devices, Inc. v. OEA, […]

  • Volume 16, Issue 1 - Spring 2012

  • Parker Tresmer

    Recent advances in biotechnology are yielding increasingly prevalent and diverse biological products made from a variety of natural sources intended to diagnose, treat, and prevent disease. The Food and Drug Administration (FDA) continues to increase the number of biologics for which it grants approval, and biologics are being used to treat an increasing variety of […]

  • Volume 15, Issue 1 - Spring 2011

  • Flora Rostami

    On June 27, 2005, many believed that the beginning of the end of all P2P technology and illegal downloading of copyrighted materials had finally arrived. Nevertheless, over six years has passed since the Supreme Court’s decision in MGM v. Grokster and online services reminiscent of those exploited by the defendants in the Grokster case continue […]