This paper discusses notable intellectual property law cases in the United States in 2011. Patent cases addressed such issues as the scope of patent subject matter (the patentability of human genes and methods for testing for genetic links to cancer), the standards for challenges to the validity...

This piece reviews Economic and Legal Dimensions, which presents a pragmatic economic theory about the proper remedies in intellectual property cases. The book shows in a number of areas how remedies play a crucial role in defining intellectual property rights, and how to improve the law. The...

This article discusses how the functional aspects of software should be accounted for in applying copyright's fair use doctrine. Copyright provides an incentive for authors to produce creative works, by giving them an exclusive right to make and distribute copies of their work. The fair use...

This paper discusses notable intellectual property law cases in the United States in 2012. The Supreme Court cut back on the scope of patent subject matter in Prometheus, while according Congress great latitude in extending copyright protection in Golan. Prometheus was one of a number of cases...

The Supreme Court decided more patent cases in 2014 than any previous year. It lowered the standard for awarding fees in patent cases, clarified that the patent holder carries the burden of showing infringement even in declaratory judgment actions, lowered the standard for invalidating patent...

This paper discusses notable intellectual property law caselaw in the United States in 2013. The Supreme Court decided four patent cases, holding that isolated human DNA is not patentable; that lawsuits alleging legal malpractice in patent cases are to be litigated in state, not federal, court;...

The first sale doctrine decouples intellectual property and physical property. Suppose, at an auction at Sotheby’s, someone bought a contemporary painting by Chuck Close. The buyer now owns the physical painting, but the copyright to the painting remains with the owner of the copyright—the...