The More Things Change: Improvement Patents, Drug Modifications, and the FDA

D Karshtedt - Iowa L. Rev., 2018 - HeinOnline
Pharmaceutical companies often replace prescription drugs that are already on the market
with modified versions that have the same active pharmaceutical ingredient. On the surface …

Boundaries, Extraterritoriality, and Patent Infringement Damages

TR Holbrook - Notre Dame L. Rev., 2016 - HeinOnline
Patents are generally considered to be the most territorial of all the various forms of
intellectual property. Even patent law, however, has confronted issues involving the …

Algorithms acting badly: a solution from corporate law

ME Diamantis - Geo. Wash. L. Rev., 2021 - HeinOnline
Sometimes algorithms work against us. They offer many social benefits, but when they
discriminate in lending, manipulate stock markets, or violate expectations of privacy, they …

Is There a New Extraterritoriality in Intellectual Property?

TR Holbrook - Colum. JL & Arts, 2020 - HeinOnline
Intellectual property (" IP") rights are creatures of national law. Individual countries define
and enforce them. These exclusive rights are also territorially limited and thus generally do …

Deal momentum

C Hwang - UCLA L. Rev., 2018 - HeinOnline
Why do parties use non-binding agreements? This Article explores the role of nonbinding
preliminary agreements in mergers and acquisitions (M&A) deals. It provides a modern …

Enhancing Patent Damages

D Karshtedt - UCDL Rev., 2017 - HeinOnline
The Patent Act, like many other statutes setting forth civil causes of action,'allows prevailing
plaintiffs to obtain retrospective relief in the form of monetary damages. 2 As in other areas of …

Similar Secrets

JP Fishman, D Varadarajan - U. Pa. L. Rev., 2018 - HeinOnline
Yet it turns out that trade secret case law provides little guidance for assessing how much
similarity is too much. The standard remains, fittingly but frustratingly, a secret. This Article …

Faux Contracts

C Hwang - Va. L. Rev., 2019 - HeinOnline
In contexts ranging from the mundane to the momentous, parties turn to documents that look
like enforceable formal contracts, but that fall short of being legally binding-and also seem …

The Fruit of the Poisonous Tree in IP Law

MA Lemley - Iowa L. Rev., 2017 - HeinOnline
If a police officer searches my home illegally andfinds evidence of a crime there, the criminal
law suppresses not only that evidence, but evidence derived from the search that was not …

Extraterritoriality and Proximate Cause After WesternGeco

TR Holbrook - Yale JL & Tech., 2019 - HeinOnline
The Supreme Court's decision to review a case usually generates broad interest, at least
within the substantive area of law in the case. Some of these cases, like Employee …