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My Patent, Your Patent, or Our Patent? Inventorship Disputes Within Academic Research Groups
(Albany Law Journal of Science & Technology, 2006)
The statutory requirement of identifying the first and true inventor is often muddled by the mores and practices of academic science. Unfortunately, and despite claims of scientists and attorneys to the contrary, I contend ...
The Enablement Pendulum Swings Back
(Northwestern Journal of Technology and Intellectual Property, 2008)
Possibly in response to criticisms that the U.S. patent system affords too much legal protection to patent owners, the courts have begun to chip away at patent rights. Curiously enough, the Supreme Court has heard a ...
Serendipity
(North Carolina Law Review, 2009)
Serendipity, the process of finding something of value initially unsought, has played a prominent role in modern science and technology. These "happy accidents" have spawned new fields of science, broken intellectual and ...
The "Printed Publication" Bar After Klopfenstein: Has the Federal Circuit Changed the Way Professors Should Talk About Science?
(Akron Law Review, 2007)
Would-be infringers target university patents because faculty inventors are more likely to make inadvertent disclosures than industrial inventors, possibly because of the importance of quick disclosure and publishing in ...
Heightened Enablement in the Unpredictable Arts
(UCLA Law Review, 2008)
A bedrock principle of patent law is that an applicant must sufficiently disclose the invention in exchange for the right to exclude. The essential facet of the disclosure requirement is enablement, which compels a patent ...