Patent experimentalism

LL Ouellette - Va. L. Rev., 2015 - HeinOnline
PATENT EXPERIMENTALISM Lisa Larrimore Ouellette* 'first-order 65 Page 1 PATENT
EXPERIMENTALISM Lisa Larrimore Ouellette* M ANY scholars have wrestled with what I call …

The cost of novelty

W Price, II Nicholson - Colum. L. Rev., 2020 - HeinOnline
Patent law promotes innovations that are different from what the world already knows. This
may seem a truism: What is innovation other than the search for new things? 1 But mere …

The Emergence of Classical American Patent Law

H Hovenkamp - Ariz. L. Rev., 2016 - HeinOnline
One enduring debate about the ideological origins of the US Constitution concerns whether
it reflected and gave effect to a" classical" theory of statecraft. Richard Epstein has argued …

Vested rights," franchises," and the separation of powers

C Nelson - U. Pa. L. Rev., 2020 - HeinOnline
Article III of the Constitution vests what it calls"[t] he judicial Power of the United States" in
courts that enjoy structural protections against political influence-courts staffed by judges …

The case against federalizing trade secrecy

CB Seaman - Va. L. Rev., 2015 - HeinOnline
ABSTRACT T RADE secrecy is unique among the major intellectual property (" IP") doctrines
because it is governed primarily by state law. Recently, however, a number of influential …

From the digital to the physical: Federal limitations on regulating online marketplaces

B Edelman, A Stemler - Harv. J. on legis., 2019 - HeinOnline
Online marketplaces have transformed how we shop, travel, and interact with the world. Yet,
their unique innovations also present a panoply of challenges for communities and states …

Patent Anticipation and Obviousness as Possession

TR Holbrook - Emory LJ, 2015 - HeinOnline
The concept of possession in property law operates to allocate property rights among
competing claimants by awarding the property to the first to take possession. Possession in …

State Affronts to Federal Primacy in the Licensure of Pharmaceutical Products

L Noah - Mich. St. L. Rev., 2016 - HeinOnline
Do individual states have the power to prohibit the sale and use of a drug that the US Food
and Drug Administration (FDA) has approved? Two years ago, the Commonwealth of …

Patent Law Federalism

PR Gugliuzza - Wis. L. Rev., 2014 - HeinOnline
Patents are usually thought to be a concern of the federal government, not state
governments. The federal Patent Act preempts state laws offering patent-like rights for …

Better than bankruptcy

AB Dawson - Rutgers UL Rev., 2016 - HeinOnline
According to many in the bankruptcy field, small business debtors are increasingly turning to
state debtor-creditors laws as an alternative to federal bankruptcy relief. One particularly …