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Current Issue
Apr. 2012, Vol. 64, No. 2
Articles
Charles W. Rhodes, Nineteenth Century Personal Jurisdiction Doctrine in a Twenty-First Century World
Essay
Rebecca E. Zietlow, Popular Originalism: The Tea Party and Constitutional Theory
Note
Category Archives: Patent Law
Jacob D. Moore, The Forgotten Victim in the Human Gene Patenting Debate: Pharmaceutical Companies
63 Fla. L. Rev. 1277 (2011)| | | NOTE :: Scientific innovation is crucial to the prosperity, security, and health of a nation. During the founding years of the United States, political leaders realized the need for such innovation and … Continue reading
Posted in Economics, Healthcare Law, Intellectual Property, Patent Law
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Michael A. Carrier, A Real-World Analysis of Pharmaceutical Settlements: The Missing Dimension of Product Hopping
62 Fla. L. Rev. 1009 (2010) | | | | ABSTRACT :: The pharmaceutical industry plays an important role in improving human health. But it also provides the setting for some of the most concerning issues in the patent-antitrust intersection … Continue reading
Posted in Antitrust & Trade Law, Patent Law, Uncategorized
Tagged anticompetitive effects, brand-name, Carrier, generic companies, human health, lethal combination, Missing Dimension, patent challenge, pharmaceutical competition, pharmaceutical firms, Pharmaceutical Settlements, product hopping, Real-World Analysis, settlements, significant roadblock
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Dana Remus Irwin, Paradise Lost in The Patent Law? Changing Visions of Technology in The Subject Matter Inquiry
60 Fla. L. Rev. 775 (2008) | | | | ABSTRACT :: In recent decades, the Patent and Trademark Office and the federal courts have dramatically expanded the scope of patentable subject matter-the set of inventions eligible for patent protection. … Continue reading
Posted in Patent Law, Trade Law, Uncategorized
Tagged efficiancy grounds, Irwin, legislative reform, Patent Law, Subject Matter Inquiry, Technology
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Stephanie L. Varela, Damned If You Do, Doomed If You Don’t: Patenting Legal Methods and its Effect on Lawyers’ Professional Responsibilities
60 Fla. L. Rev. 1145 (2008) | | | | INTRODUCTION :: Imagine, before advising each client, having to confer with the U.S. Patent and Trademark Office (USPTO) to determine whether another lawyer already owns a patent to the legal … Continue reading
Posted in Attorney Practice, Patent Law
Tagged client, envelope of patentable subject matter, federal courts, Grantor retained anuity trusts, GRATs, innovative legal methods, lawyer-client relationship, Lawyers, Legal Methods, legal strategy, Patent, Professional Responsibilities, tax strategy patent, U.S. Patent and Trademark Office, USPTO, Varela
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William A. Drennan, The Patented Loophole: How Should Congress Respond to this Judicial Invention?
59 Fla. L. Rev. 229 (2007) | | | | INTRODUCTION :: An IRS spokesperson “questioned whether the [Patent Office] staff has adequate background in tax law . . . to properly rule on those patent applications [for tax strategies].” … Continue reading
Posted in Governments and Legislation, Patent Law, Tax Law, Uncategorized
Tagged CPA, internal revenue service, IRS, license fees, novelty and nonobviousness, Patent Office, tax loopholes, tax planners, tax practicioners, tax strategies, Treasury Department
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Kelly Casey Mullally, Patent Hermeneutics: Form and Substance in Claim Construction
59 Fla. L. Rev. 333 (2007) | | | | ABSTRACT :: The claims section of a patent performs an important public notice function in patent law. The claims inform us of the boundaries delineating the subject matter over which … Continue reading
Posted in Intellectual Property, Patent Law, Uncategorized
Tagged Claim Construction, Hermeneutics, Methodology, Mullaly, Patent, patent Claims, Phillips v. AWH corp., private drafting behavior, public notice
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