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  • How to Avoid Patent Cliffs: Product Hopping in the Pharma Sector

    How to Avoid Patent Cliffs: Product Hopping in the Pharma Sector

    In May 2015, Mylan Pharmaceuticals appealed to the Third Circuit after the lower court dismissed its case against Warner Chilcott, which was predicated on a practice called product-hopping. While we await the ruling which is...

  • PTO Commentaries: Excellence in Work Products

    American Chemical Society (ACS) Summary: The American Chemical Society (ACS) supports Proposal 1 under Pillar 1 since it helps bring issues to the Office of Patent Quality Assurance as they arise during examination. It supports...

  • Is Copyright Infringement a Strict Liability Tort?

    IS COPYRIGHT INFRINGEMENT A STRICT LIABILITY TORT? By: Patrick R. Goold ABSTRACT Scholars and lawmakers routinely refer to copyright infringement as a strict liability tort. The strictness of copyright liability has long been criticized as...

  • Sovereignty Under Seige

    SOVEREIGNTY UNDER SIEGE: CORPORATE CHALLENGES TO DOMESTIC INTELLECTUAL PROPERTY DECISIONS By: Cynthia M. Ho ABSTRACT Countries face a new threat that strikes at their ability to balance protection of intellectual property rights against other priorities,...

  • Software Copyright’s Oracle from the Cloud

    SOFTWARE COPYRIGHT’S ORACLE FROM THE CLOUD By: Lothar Determann & David Nimmer ABSTRACT Clouds are on the horizon for software copyrights. The open source movement is actively trying to turn copyright into “copyleft.” Courts around...

  • Understanding the Federal Circuit

    UNDERSTANDING THE FEDERAL CIRCUIT: AN EXPERT COMMUNITY APPROACH By: Laura G. Pedraza-Fariña ABSTRACT The Court of Appeals for the Federal Circuit (“CAFC”)—the appeals court in charge of virtually all patent cases—has been fraught with controversy...

  • Disagreeable Privacy Policies

    DISAGREEABLE PRIVACY POLICIES: MISMATCHES BETWEEN MEANING AND USERS’ UNDERSTANDING By: Joel R. Reidenberg, Travis Breaux, Lorrie Faith Cranor, Brian French, Amanda Grannis, James T. Graves, Fei Liu, Aleecia McDonald, Thomas B. Norton, Rohan Ramanath, N....

  • Compelling Passwords from Third Parties

    COMPELLING PASSWORDS FROM THIRD PARTIES: WHY THE FOURTH AND FIFTH AMENDMENTS DO NOT ADEQUATELY PROTECT INDIVIDUALS WHEN THIRD PARTIES ARE FORCED TO HAND OVER PASSWORDS By: Sarah Wilson ABSTRACT In 2012, the FBI served a...

  • USPTO Patent Quality: Call for Papers

    The Berkeley Technology Law Journal (BTLJ) welcomes submissions on Patent Quality in parallel with the USPTO’s Request for Comments on Enhancing Patent Quality.

  • Announcement Post #3 – About BTLJ

    The Berkeley Technology Law Journal is a student-run publication of the Boalt Hall School of Law, University of California at Berkeley. We started in March 1985, published our first issue in Spring 1986, and have...