Publications

Section Newsletter Articles on Patent Law

Supreme Court issues Bowman v. Monsanto opinion; farmer infringed Monsanto’s patent by growing commodity soybeans purchased from elevator By Jerry W. Quick and Craig J. Sondgeroth Agricultural Law, May 2013 On May 13th, the U.S. Supreme Court issued its opinion in Bowman v. Monsanto.
Antitrust law, variant patent holdup theories, and injunctive relief in standard setting organizations By Rafael Rivera Antitrust and Unfair Competition Law, January 2013 After a brief discussion on the standard-setting process and RAND’s efficiency-enhancing characteristics, this article explores the role of antitrust law in regulating opportunistic behavior arising in standard setting organizations.
Patents, medication, and WHO controls them: A look inside a potential negotiator of the patented drug trade By Veena Tripathi International and Immigration Law, August 2012 Global health is plagued by the inefficiencies of developing countries to gain access to medications. The inability for these countries to access these medications can be often blamed on the lack of patent regulation. The author reports on the past and current state of global patents for necessary medications and suggests that the World Health Organization, a branch of the United Nations, can be the mediator in this relationship.  
The debate is on: Is the Federal Judicial Center’s patent tutorial video too pro-plaintiff? By John D. Gilleland Intellectual Property, March 2012 Mock jury research at TrialGraphix qualitatively measured jurors’ top impressions after watching the Federal Jury Center’s patent tutorial video concludes that the video strongly improves juror’s understanding of patents, increases their awareness that patents can be invalidated, may have a slight pro-plaintiff/patentee bias, but significantly also educates jurors on key defense principles.  
Judicially imposed limitations on “business method” patents By Steven Behnken Intellectual Property, May 2009 The U.S. Patent Act defines four categories of patentable subject matter: processes, machines, articles of manufacture, and compositions of matter. Anything outside these four categories is by definition nonstatutory and is, therefore, not patentable.
May 22, 2009 Deadline for Comment on Proposed NDIL Patent Rules Intellectual Property, May 2009 The judges of the Northern District of Illinois have issued for public comment proposed local rules to guide the pretrial procedures in patent cases. The public comment period will run for sixty days until Friday, May 22, 2009. Following the public comment period, the judges will consider the proposed new local patent rules in light of the comments received.
An argument to maintain the first-to-invent system: It is superior, so don’t change it By David S. Robert International and Immigration Law, December 2008 Patent law increasingly plays a fundamental role in advancing the global economy.
Looking for a precedent for three-dimensional trademarks in Japan? Coke is it By Pradip K. Sahu International and Immigration Law, November 2008 On May 29, 2008, the Japan Intellectual Property High Court reversed the decision of the Japan Patent Office (the “JPO”) in which the JPO rejected the application for registration of one of the Coca-Cola Company’s unique bottle shapes as a three-dimensional trademark.
Comparison of patent litigation in the United States, Germany, and Japan By Gary M. Ropski and Thomas C. Burton International and Immigration Law, August 2008 Earlier this year, the International and Immigration Law Section Council held a continuing legal educations program entitled, “Intellectual Property and International Law Issues in Representing a Globally Expanding Company.”
Finding a way out: A brief examination of the Trademark Fair Use Principle in China By Pengcheng Gao International and Immigration Law, March 2008 The fair use principle started in copyright law, but has long been incorporated into trademark law as well.
Indian patent law survives challenge by Swiss drug company By Alpana P. Sahu and Pradip K. Sahu International and Immigration Law, February 2008 In August 2007, the High Court of Judicature in Madras ruled against the pharmaceutical company Novartis in its challenge of the Patents Act of India.
Traditional patent license negotiations result in declaratory judgment jurisdiction after MedImmune By Reginald J. Hill Intellectual Property, June 2007 The Court of Appeals for the Federal Circuit makes clear in its recent decision in SanDisk Corp. v. STMicroelectronics, Inc., that the landscape for declaratory judgment jurisdiction has certainly changed after the MedImmune case.
What to do when you receive a charge of patent infringement By Bradley J. Hulbert Corporate Law Departments, April 2007 News reports abound with stories about the risks infringing a U.S. patent. Earlier this year, Alcatel-Lucent obtained a patent infringement judgment against Microsoft of more than $1.5 billion.