Santa Clara Computer & High Technology Law Journal

Articles from Vol. 23, No. 2, March

Do Reverse Payment Settlements Violate the Antitrust Laws?
Abstract The term "reverse payment" has been used as shorthand to characterize a variety of diverse agreements between patent owners and alleged infringers that involve a transfer of consideration from the patent owner to the alleged infringer....
Fishing for Utility with Expressed Sequence Tags after in Re Fisher
Abstract Following the Court of Appeals for the Federal Circuit's decision in In re Fisher many media reports seemed to imply that patents for expressed sequence tags ("ESTs") were no longer possible. This comment examines the rationale behind the...
In Search of the Undiscovered Country: The Challenge of Describing Patentable Subject Matter
Abstract In defining patent law, lawmakers and courts face the unusual challenge of describing the future characteristics of useful devices and processes that are presently nonobvious but which are within the scope of the "useful arts" and the range...
Lessons from Laboratory Corp. of America Holdings V. Metabolite Laboratories, Inc
Abstract This article provides reflections on the scope of patentable subject matter, using the Supreme Court's recent consideration of Laboratory Corp. of America Holdings v. Metabolite Laboratories, Inc. as a springboard for discussion. A brief...
Transaction Costs and Patent Reform
Abstract This article considers current proposals for patent law reform in light of a simple theory about intellectual property law: In a world without transactions costs, the assignment of property rights is not necessary to stimulate the optimal...

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.