Comparative Law Resources
Newsletter Articles: United States
System Overview
- A Comparative Study of Technology Transfer by Universities in the U.S.A., China and Japan (Autumn 2000)
- U.S. Pro-Patent Policy: A Review of the Last 20 Years (Winter 2000)
Legislative Developments
- Impact of 1999 Patent Reforms: A Comparative Law Perspective (Winter 2000)
- Report on Intellectual Property Related Bills in the 105th Congress (Autumn 1998)
- The United States Patent and Trademark Office (USPTO) Reorganization as a Government Corporation and Various Patent Law Reforms (Spring-Summer 1997)
- The GATT-TRIPS Legislation: Some Significant Court Decisions (1995 Winter)
- GATT Seminar Report (Winter 1995)
Patent Eligible Subject Matter
- Biotechnology and Legal Protection: Current Issues (Autumn 2000)The 1994 Software Patent Cases (Autumn 1994)
Utility
- Biotechnology and Legal Protection: Current Issues (Autumn 2000)Federal Circuit holds that Imitation is a Sufficient Benefit under the Patent Law (Autumn 1999)
Novelty
- Federal Circuit's Interpretation of "On Sale" under Pfaff (Winter-Spring 1999)
- When Is an Invention on Sale? The Vagueness of the Totality-of-the-Circumstances Standard; Anti-Trust Liability for Patent Holders (Autumn 1998)
- Reduction to Practice Unnecessary to Trigger the On-Sale Bar (Autumn 1998)
- Anticipation by Inherency or Accident (Spring-Summer 1998)
- Who Should Decide Public Use and Experimental Use Exception (Winter 1997)
- Novelty and Anticipation; Patent Invalidity-Obviouisness; "On Sale" --Sham Transaction (Spring 1996)
Nonobviousness
- Biotechnology and Legal Protection: Current Issues (Autumn 2000)
- Three Cases: Ethicon, Sage Products, and Monarch (Winter 1998)
- Federal Circuit Rules that §102(f) is Generally Considered Prior Art in §103 Analysis (Autumn 1997)
- Nonobviousness: Suggestion to Combine References (Summer 1996)
- The 1995 Biotechnological Process Patent Act and In re Ochiai (Spring 1996)
Disclosure Requirements
- Biotechnology and Legal Protection: Current Issues (Autumn 2000)
- The Federal Circuit Clarifies the Scope of Disclosure Required for Pharmaceutical Compounds Under the Best Mode Requirement (Autumn 2000)
- The Federal Circuit Holds That Gasoline Compounds Described by Chemical Properties Satisfies the Written Description Requirement (Spring 2000)
- The Federal Circuit Invalidates "Antisense" Technology Claims As Too Broad To Satisfy the Enablement Requirement (Winter 2000)
- Best Mode for Software-Related Inventions (Spring-Summer 1997)
- Graxo’s Lucrative Second "Zantac" Patent Survives Best Mode, Inequitable Conduct and Anticipation Challenges - But Just Barely! (Spring 1995)
Double Patenting
Duty of Candor
Claim Interpretation
- Internet Patent Interpreted Broadly by the Federal Circuit (Autumn 2000)
- Recent Federal Circuit Cases on Claim Interpretation and the Doctrine of Equivalents (Spring-Summer 1998)
- A Direction on Procedural Improvements Suggested by the Supreme Court?: Federal Circuit Rejected District Court's Claim Construction and Granted Judgment of Non-infringement as a Matter of Law (Spring-Summer 1997)
- Supreme Court Agrees with the Federal Circuit as to Trial Judge’s Power to Interpret Claims (Summer 1996)
Doctrine of Equivalents
- A Peaceful Death for the Doctrine of Equivalents? (Autumn 2000)
- Federal Circuit's Struggle to Clarify the Protector's Scope of U.S. Patents after Warner-Jenkinson (Summer 1999)
- No Doctrine of Equivalents if the Warner-Jenkinson Presumption Applies (Winter-Spring 1999)
- Recent Federal Circuit Cases on Claim Interpretation and the Doctrine of Equivalents (Spring-Summer 1998)
- Three Cases: Ethicon, Sage Products, and Monarch (Winter 1998)
- U.S. Supreme Court Reversed and Remanded Federal Circuit Hilton Davis en banc Decision (Winter 1997)
Direct and Indirect Infringement
- Exclusive Rights of Process Patents: Process for Making Plasmid Extends to hGH, even thought Plasmid and hGH are Entirely Different Materialas (Summer 1996)
- Markman: The Federal Circuit’s Long-Awaited En Banc Decision on Claim Interpretation as a Question of Law (Spring 1995)
Bad Faith Enforcement-Antitrust Counterclaims
Remedies
- Willful Infringement Requires Substantive Evaluation of Attorney Opinion Letters (Autumn 1997)
- Patent Infringement Damages After Rite-Hite(Winter 1997)
Ownership
Post Issuance Procedure
Jurisdiction and Judicial System
- The Federal Circuit Finds the Attorney-Client Privilege Applicable to Communications Between Inventors and the Corporate Legal Department (2000 Spring)
- Übung Macht den Meister: How US District Courts can Better Adjudicate Patents by Learning from Germany’s Specialized Courts. (Winter 2000)
- Federal Circuit to Apply Own Law, Rather than Circuit Law, in Preemption Issues (Autumn 1999)
- U.S. Supreme Court Enhances States' Immunity from Suits in Patent Infringement Cases (Summer 1999)
- Remedies for Unauthorized Use of Intellectual Property by Sovereign States: Does the Constitution Allow More than it Requires? (Winter-Spring 1999)
- Japan-U.S. Patent Infringement Litigation Comparison: a Visit to the United States Court of Appeals for the Federal Circuit (Autumn 1998)
- The Supreme Court to Resolve the Power Struggle between the Federal Circuit and USPTO (Autumn 1998)
