Santa Clara Computer & High Technology Law Journal

Articles from Vol. 19, No. 1, December

A Hybrid Model of Self-Regulation and Governmental Regulation of Electronic Commerce
I. INTRODUCTION The world is rapidly moving towards an age of ubiquitous globally networked communications; not just communications between and among persons, but also between the electronic devices that serve them; not just between particular...
Are Oligonucleotide Primers and Probes Prima Facie Obvious over Larger Prior Art Nucleic Acids?
I. INTRODUCTION While the Court of Appeals for the Federal Circuit [hereinafter CAFC] has decided that large nucleic acid sequences are nonobvious when the prior art teaches only shorter sequences, the converse question remains unaddressed,...
Biomedical Patenting: Permitted, but Permissible?
I. INTRODUCTION Public and political concerns over stem cell research have simmered in the United States for more than a decade. In the face of President George W. Bush's support of a ban on genetic tissue cloning for all purposes, the U.S....
Copyright Treatment of Freelance Work in the Digital Era
Without formal petition Thus stands my condition: I am closely blocked up in a garret, Where I scribble and smoke, And sadly invoke The powerful assistance of claret ... --Thomas Brown, The Poet's Condition (1) I. INTRODUCTION...
De Novo Review of Claims Construction or a Wasted Effort of the District Court
Appeal: In law, to put the dice into the box for another throw. (1) I. INTRODUCTION Several years before Tim Berners-Lee ushered in the modern-day World Wide Web by developing the first WWW client, (2) a computer scientist named Charles...
Ediscovery: Preserving, Requesting and Producing Electronic Information
I. INTRODUCTION (1) As one federal judge so astutely predicted two decades ago: It may well be that Judge Charles E. Clark and the framers of the Federal Rules of Civil Procedure could not foresee the computer age. However, we know...
Electronic Filing: What Is It? What Are Its Implications?
I. INTRODUCTION A. Dramatic Impact of E-filing A study, titled How Much Information, published in 2000 by the faculty and students at the School of Information Management and Systems at the University of California at Berkeley, (1) reported:...
Evaluating the Use of Patent Pools for Biotechnology: A Refutation to the USPTO White Paper concerning Biotechnology Patent Pools
I. INTRODUCTION Patent pools have a long and controversial history in the United States. Some laud patent pools as a way to further innovation and development in various industries. (1) Supporters credit them for promoting development in areas...
Liability of Intermediary Service Providers in the EU Directive on Electronic Commerce
I. INTRODUCTION The growth of e-commerce has been extremely rapid in recent years. By the year 2000, its worth exceeded 17 billion euro, and it is expected to reach 340 billion euro by the end of 2003. (1) These numbers reflect the importance...
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