Search Results

open access

Gene Patents: A Brief Overview of Intellectual Property Issues

Description: This report provides a brief overview of intellectual property issues on Gene patents. The myriad holding attempts to provide investors and firms with incentives to conduct R&D while recognizing that pattern might obtain too much control in future research
Date: July 18, 2013
Creator: Schacht, Wendy H. & Thomas, John R.
Partner: UNT Libraries Government Documents Department
open access

Still Fair Use for Google Books: Second Circuit Ruling in Authors Guild v. Google

Description: This legal sidebar discusses the decision in Authors Guild v. Google case, in which the U.S. Court of Appeals for the Second Circuit affirmed the lower court's ruling and held that Google's copying and distribution of books as part of its Google Books Project qualifies as fair use under the Copyright Act, and thus Google is not liable for infringement of the authors' copyright in these books.
Date: November 30, 2015
Partner: UNT Libraries Government Documents Department
open access

A Legal Analysis of S. 968, the PROTECT IP Act

Description: This report discusses the legality of S. 968, the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act (PROTECT IP Act). It is related to the Combating Online Infringement and Counterfeits Act (COICA), which was approved by the Senate Judiciary Committee, but not enacted by the full Senate before the end of the 111th Congress.
Date: July 7, 2011
Creator: Yeh, Brian T. & Miller, Jonathan
Partner: UNT Libraries Government Documents Department
open access

Follow-On Biologics: The Law and Intellectual Property Issues

Description: This report reviews the Biologics Price Competition and Innovation Act of 2009 (BPCIA), within the context of intellectual property and innovation issues. It provides an introduction to the biologics industry, introduces the regulatory and intellectual property provisions of the BPCIA, considers the potential market for biosimilars and possible industry responses that may arise in the wake of this legislation, and closes with concluding observations.
Date: January 15, 2014
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
open access

False Patent Marking: Litigation and Legislation

Description: This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend Ā§ 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suitā€¦ more
Date: October 20, 2010
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

False Patent Marking: Litigation and Legislation

Description: This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend Ā§ 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suitā€¦ more
Date: September 20, 2010
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

Illegal Internet Streaming of Copyrighted Content: Legislation in the 112th Congress

Description: This report describes streaming technology, explains the disparity in criminal penalties for different forms of infringement committed by electronic means, analyzes legislation in the 112th Congress that would harmonize penalties for illegal streaming with those available for other forms of online copyright infringement, and summarizes arguments for and against such a legislative change.
Date: December 1, 2011
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

What's on Television? The Intersection of Communications and Copyright Policies

Description: This report discusses how the Federal Communications Commission (FCC), Congress, and the courts have overseen the rise of the internet by applying a combination of communications and copyright laws to regulate the distribution of television programming.
Date: April 20, 2016
Creator: Scherer, Dana A.
Partner: UNT Libraries Government Documents Department
open access

Patentable Subject Matter Reform

Description: This report reviews the current law governing patentable subject matter and recent proposals for legislative reform. It begins by providing a basic overview of the patent system and introducing the principles of patentable subject matter. It then considers the leading Supreme Court decisions construing section 101 of the Patent Act. The report then considers the implications of these decisions within the information technology and life sciences industries. The report closes with a review of legā€¦ more
Date: September 8, 2017
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
open access

The Google Library Project: Is Digitization for Purposes of Online Indexing Fair Use Under Copyright Law?

Description: In December 2004, Google announced its Library Project, which was to entail digitizing, indexing, and displaying "snippets" of print books in the collections of five major libraries, among other things. The Library Project was not limited to books in the public domain (e.g., books whose terms of copyright protection had expired), and Google did not seek the permission of copyright holders, in part, because it asserted that its proposed uses were fair uses. Many authors, publishers, and other riā€¦ more
Date: May 5, 2010
Creator: Manuel, Kate M.
Partner: UNT Libraries Government Documents Department
open access

An Overview of the "Patent Trolls" Debate

Description: This report reviews the current debate and controversy surrounding "patent assertion entities" (PAEs) and their effect on innovation, examines the reasons for the rise in PAE litigation, and explores the legislative options available to Congress if it decides that these are issues that should be addressed.
Date: April 16, 2013
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

Patent Reform: Judicial Developments in Areas of Legislative Interest

Description: This report reviews the relationship between Congress and the courts in patent reform. It begins by offering a summary of the patent system. The report then discusses a number of topics that have been the subject of both judicial and legislative consideration. The current state of the law is then contrasted with legislative reform proposals before previous Congresses. The report closes with observations concerning the subtle interaction between legislative, administrative, and judicial actors wā€¦ more
Date: January 5, 2011
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
open access

An Overview of the "Patent Trolls" Debate

Description: This report reviews the current debate and controversy surrounding "patent assertion entities" (PAEs) and their effect on innovation, examines the reasons for the rise in PAE litigation, and explores the legislative options available to Congress if it decides that these are issues that should be addressed.
Date: August 20, 2012
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

Availability of Injunctive Relief for Standard-Essential Patent Holders

Description: This report provides an overview of the current debate over whether a holder of a patent essential to an industry standard, who has promised to license such patented technology on fair, reasonable, and non-discriminatory (FRAND) terms, may nevertheless obtain an injunction from a federal court or an exclusion order from the International Trade Commission against infringing products that implement the industry standard. The report first summarizes several fundamental principles of patent law, thā€¦ more
Date: January 10, 2013
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department
open access

Enforcing U.S. Trade Laws: Section 301 and China

Description: This report discusses the Trump Administration's decision to proceed with a Section 301 case against China's intellectual property rights (IPR) policies and their intent to impose 25% ad valorem tariffs on $50 billion worth of Chinese products. It also looks at past use of Section 301 against China.
Date: August 2, 2018
Creator: Morrison, Wayne M.
Partner: UNT Libraries Government Documents Department
open access

Pharmaceutical Patent-Antitrust: Reverse Payment Settlements and Product Hopping

Description: This report introduces and analyzes innovation and competition policy issues associated with the pharmaceutical industry. It begins with a review of the Hatch-Waxman Act and its implications upon the availability of generic substitutes for brand-name medications. The report then turns to a basic review of the antitrust law. It then addresses judicial developments with respect to reverse payment settlements and product hopping. The report closes with a summary of congressional issues and possiblā€¦ more
Date: October 7, 2015
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
open access

Patent Law: A Primer and Overview of Emerging Issues

Description: This report begins with an overview of patent law. It then discusses the Supreme Court's role in the development of patent law generally before examining the Court's recent decisions in detail. Finally, the report closes with a preview of developments in patent law that are on the horizon, such as the continued viability of certain administrative proceedings related to the validity of patents, which is the subject of two cases scheduled to be heard during the Court's upcoming term, as well as pā€¦ more
Date: September 21, 2017
Creator: Lewis, Caitlin Devereaux & Armstrong, Kathryn B.
Partner: UNT Libraries Government Documents Department
open access

Enforcing U.S. Trade Laws: Section 301 and China

Description: This report discusses the Trump Administration's decision to proceed with a Section 301 case against China's intellectual property rights (IPR) policies and their intent to impose 25% ad valorem tariffs on $50 billion worth of Chinese products. It also looks at past use of Section 301 against China.
Date: July 23, 2018
Creator: Morrison, Wayne M.
Partner: UNT Libraries Government Documents Department
open access

Mayo v. Prometheus: Implications for Patents, Biotechnology, and Personalized Medicine

Description: Report that reviews the Supreme Court's 2012 Mayo Collaborative Services v. Prometheus Laboratories decision (wherein the court held that a patent claiming a method of optimizing therapies for autoimmune disease was invalid) and briefly consider its implications for innovation and public health.
Date: November 6, 2012
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department
open access

The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

Description: Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96-517, Amendments to the Patent and Trademark Act, commonly referred to as the "Bayh-Dole Act" after its two main sponsors former Senators Robert Dole and Birch Bayh. Under this 1980 law, as amended, title to inventions made with government support is provided to the contractor if that contractor is a small business, a university, or other non-profit institution. This report discusses the rationale ā€¦ more
Date: November 16, 2010
Creator: Schacht, Wendy H.
Partner: UNT Libraries Government Documents Department
Back to Top of Screen