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Harmonizing the Exclusionary Rights of Patents with Compulsory Licensing

Gwartney, Troy L. - 2009

The Constitution gives Congress the power to "promote the Progress of Science and useful Arts." The patent system … v. MercExchange, this Note advocates a patent system that will allow access to stagnant patents sooner. The proposed … system starts with an initial exclusive patent period that is much shorter, and then includes renewable periods of …

Persistent link: https://www.econbiz.de/10014214389

Thorner v Major (2009) : Proprietary Estoppel and Inheritance

Mee, John - 2020

This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...

Persistent link: https://www.econbiz.de/10012826375

Time in Cost-Benefit Analysis

Rowell, Arden - 2015

Agencies are accustomed to considering questions of discounting — the process that makes monetary amounts comparable through time. But valuing the future is a distinctive enterprise for reasons that go beyond discounting. This Article explores two basic features of time that create challenges...

Persistent link: https://www.econbiz.de/10014036859

Cass, Ronald A. - 2014

One prong of the antitrust litigation against Microsoft Corporation challenges the terms under which Microsoft has licensed its Windows operating system to computer manufacturers (OEMs). Plaintiffs complain that the license agreements' requirement that the first screen to appear when customers...

Persistent link: https://www.econbiz.de/10014193556

Cass, Ronald A. - 1999

Persistent link: https://www.econbiz.de/10014193704

Effects of Patent Privateering on Settlements and R&D in Markets with Product Differentiation

Klapper, Felix; Siemering, Christian - 2023

We investigate patent litigation, settlements and R&D incentives on a market where two firms develop technologies of … differentiated products. Firms may sell IP rights to a Patent Assertion Entity (PAE) that acts as intermediary for patent … monetization. We find that the effects of this so-called patent privateering are mitigated if the market is characterized by a …

Persistent link: https://www.econbiz.de/10014344051

Election Subversion and the Writ of Mandamus

Muller, Derek T. - 2023

Election subversion threatens democratic self-governance. Recently, we have seen election officials try to manipulate the rules after an election, defy accepted legal procedures for dispute resolution, and try to delay results or hand an election to a losing candidate. Such actions, if...

Persistent link: https://www.econbiz.de/10014265143

Statutory Interpretation, Judicial Discretion, and Equitable Defenses

Anenson, T. Leigh - 2019

The Supreme Court’s approach to equity exerts a decisive influence on legislative developments. There is considerable controversy surrounding the judicial use of equitable principles to deny statutory relief. Of equal concern is that courts engage in interest balancing, or policy-making, that...

Persistent link: https://www.econbiz.de/10014124059

Law and Macroeconomics : The Law and Economics of Recessions

Listokin, Yair - 2016

In this Article, I offer a macroeconomic perspective on law that reshapes the microeconomic perspective that currently dominates law and economics. I argue that 1. The economy works one way in ordinary economic conditions, in which supply capacity determines output, and a different way in deep...

Persistent link: https://www.econbiz.de/10012984608

Intellectual Property and Domestic Relations : Issues to Consider When There is an Artist, Author, Inventor, or Celebrity in the House

Bartow, Ann - 2020

dynamic area of the law. Governing federal patent, copyright, and trademark statutes are extensively amended with astounding …

Persistent link: https://www.econbiz.de/10014071334