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Volume 1 – Issues 1 & 2

Limits on Utility in the Face of 21st Century Invention: The Problem with Limiting Patent Claims on EST Sequences | Author: Kyle Strache

Limits on Utility in the Face of 21st Century Invention: The Problem with Limiting Patent Claims on EST Sequences | Author: Kyle Strache

Volume 1, Issue 1, page 209 Recent court decisions examining the utility of expressed sequence tags, or ESTs, may change the manner in which some companies are able to investigate unknown genes. Limiting patentability of genetic research will only logically slow the innovation and understanding of genetic research. Consider the following hypothetical: SMALL, a biotech company, which during its research regarding a cure for disease XYZ, finds an EST that codes for a gene of…
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The Moral Rights Act of 2007: Finding the Melody in the Music | Author: Aurele Danoff

The Moral Rights Act of 2007: Finding the Melody in the Music | Author: Aurele Danoff

The history of piracy is nothing new. The term itself traces back to 500 B.C. and the ancient worlds of Greece and Rome, when pirates attacked and looted ships sailing the Mediterranean. In music, piracy roots itself in the 1920s, when radio stations played music without compensating artists, despite it being “close to impossible” to copy vinyl records. During the 1960s, with the advent of the blank tape, the public began dubbing mixed tapes and…
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Gridlock on the Road to Renewable Energy Development: A Discussion About the Opportunities & Risks Presented by the Modernization Requirements of the Electricity Transmission Network | Author: Kelsey Jae Nunez

Gridlock on the Road to Renewable Energy Development: A Discussion About the Opportunities & Risks Presented by the Modernization Requirements of the Electricity Transmission Network | Author: Kelsey Jae Nunez

In November 2006, the American Council On Renewable Energy (“ACORE”), along with the Renewable Energy and Energy Efficiency Caucuses of the United States Senate and House of Representatives, convened the national policy conference, “Renewable Energy in America: Phase II Market Forecasts and Policy Requirements” (“Phase II”). Several speakers at Phase II argued that continued private sector financing of renewable energy projects will substantially depend on the expansion of the electrical transmission network. The argument follows…
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Goldstein v. Securities and Exchange Commission | Author: Todd Zaun

Goldstein v. Securities and Exchange Commission | Author: Todd Zaun

Hedge funds are one of the fastest growing and most controversial segments of the financial market. Most people know very little about hedge funds other than that they are the investment vehicle of choice for well-heeled investors - the place where the rich put their money in order to get even richer. In fact, hedge funds thrive on the lack of knowledge about what exactly it is that they do. Without the ability to keep…
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Social Enterprise: Doing Well by Doing Good | Author: Muhammad Yunus

Social Enterprise: Doing Well by Doing Good | Author: Muhammad Yunus

The moment you come out of the profit- maximizing format into a social business format, your thinking process changes completely. Do you advertise your product? Do you make extra expenditure to make it look attractive? Whatever these are questions you have to resolve. Because our goal is to reach people as lowest cost as possible. As best quality as possible. All the frills has to disappear. So once we can create this kind of situation,…
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Taking Healthcare’s Pulse: Legal Issues Involved in Healthcare Business Transactions | Renee A. Pistone

Taking Healthcare’s Pulse: Legal Issues Involved in Healthcare Business Transactions | Renee A. Pistone

There are many federal regulations to consider when a healthcare lawyer creates and evaluates a particular healthcare business transaction. The healthcare market is highly competitive with the formation of healthcare business transactions on the rise. Hospitals and physicians seek dynamic and cost effective ways to deliver healthcare and partnerships are being formed between physicians and hospitals. These partnerships add to the marked increase in healthcare business transactions along with the progressed development of the physician…
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Training Law Students to be International Transactional Lawyers-Using An Extended Simulation to Educate Law Students About Business Transactions | Author: Daniel D. Bradlow and Jay Gary Finkelstein

Training Law Students to be International Transactional Lawyers-Using An Extended Simulation to Educate Law Students About Business Transactions | Author: Daniel D. Bradlow and Jay Gary Finkelstein

The article describes an innovative approach to educating law students about the legal issues and the role of lawyers in negotiating international business transactions. It is based on our experiences in developing and teaching a course that is built around a semester-long simulation exercise and taught in counterpart classes at two law schools. The students in these classes represent the opposing parties and negotiate a cross-border business transaction involving a joint venture agreement, a licensing…
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Software Licenses, Source Code Escrows, and Trustee Powers Under 11 U.S.C. §365 | Author: James E. Raymond

Software Licenses, Source Code Escrows, and Trustee Powers Under 11 U.S.C. §365 | Author: James E. Raymond

With the enactment of § 365(n), one thing remains clear: Congress intended to preserve the rights of licensees of intellectual property against rejection of the license by trustees of bankrupt licensors. However, as indicated by the examples above, many questions remain unanswered. Should a developer-licensor enter bankruptcy with significant assets at risk? These areas of uncertainty will likely be tested in the courts. Licensors and licensees in the process of drafting software licenses and source…
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The “Evolving Written Description Doctrine” and the Search for Specificity (A.K.A. Adequacy is the Matter of Invention.) | Author: Gerald R. Prettyman Jr.

The “Evolving Written Description Doctrine” and the Search for Specificity (A.K.A. Adequacy is the Matter of Invention.) | Author: Gerald R. Prettyman Jr.

In 1996, the U.S. Supreme Court ruled in Markman that claim construction was a matter of law for the judge to decide. There was hope in the patent bar that Markman would bring uniformity to claim construction and a reduction to the lengthy process of patent litigation. Some authors report instead that the claim construction reversal rate is increasing. Other authors question the consistency of the rulings from the Court of Appeals for the Federal…
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