Category Archives: Patent Law

Sapna Kumar, The Accidental Agency?

This Article presents a new model for examining the role of the Court of Appeals for the Federal Circuit (Federal Circuit) with regard to patent law, positing that the Federal Circuit behaves like an agency and serves as the de … Continue reading

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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 | Comments Off

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

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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

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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

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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

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