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Patent law - a patient seeks a portion of the biotechnological patent profits

Article Abstract:

The California Supreme Court did not take advantage of an opportunity to make law in its decision of Moore v Regents of the University of California. The case concerns the use of tissue from a patient who claimed part of the profit from biological products developed using his tissue. Of the several models available for excised tissue, the most equitable is the service system modelled on blood donations. The gift-based, free-market and patent systems do not afford adequate protection to both donor and researcher while minimizing extraneous costs.

Biotechnology industry, Biotechnology industries, Donation of organs, tissues, etc., Tissue donation

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An examination of successor liability in the post-bankruptcy context

Article Abstract:

Imposing liability on successor corporations when bankruptcy preceded the corporate transfer would not offend bankruptcy principles that are intended to provide the debtor with a fresh start. A successor liability action against an asset-purchasing successor is not a claim under bankruptcy law and is therefore not automatically discharged. In those instances when successor liability would otherwise attach, such as when consented to or when a sham transaction is found, bankruptcy law does not operate to insulate successor corporations.

Bankruptcy Law, Laws, regulations and rules, Bankruptcy discharge, Liability of successor corporations, Corporate succession liability

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Patent infringement and the role of judge and jury in light of Markman and Hilton Davis

Article Abstract:

The recent cases of Markman v. Westview Instruments Inc. and Hilton Davis Chemical Co. v. Warner-Jenkinson Co. concern the role of the judge and the jury in two-step patent infringement analysis. The Markman decision assigns the preliminary step of claim interpretation to the judge, whereas the Hilton Davis decision elevates the role played by the jury in the second step of determining infringement according to the doctrine of equivalents. The issue remains unsettled, however, as both cases will be proceeding to the Supreme Court.

Patent Law, Judicial process, Equivalents doctrine (Patent law)

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